Series 63 practice questionmediumScope of subpoenas
The Administrator issues a subpoena for records to a non-resident broker-dealer whose alleged violation involves a State M client. Which is TRUE under the USA?
- AThe Administrator has the power to subpoena the broker-dealer since the violation involved a State M client.✓ Correct answer
- BThe Administrator cannot subpoena non-residents under any circumstances.
- CThe Administrator must notify the broker-dealer's home state before issuing the subpoena.
- DThe subpoena is only valid if the federal government approves.
Explanation
Why A — The Administrator has the power to subpoena the broker-dealer since the violation involved a State M client.
If the violation concerns residents or transactions in the Administrator's state, the Administrator may subpoena persons or firms in other states (USA Sec 407/414).
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