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Series 63: Regulation of Investment Advisers
Series 63 practice questionmediumUSA and NSMIA

Under the USA, which of the following is true of federal covered advisers?

  1. AThey are required to register with the state if they have a physical office there
  2. BThey are exempt from SEC registration if they operate in fewer than 5 states
  3. CThey are preempted from state registration but may have to make notice filings✓ Correct answer
  4. DThey must register with both the SEC and each state where they do business
Explanation

Why CThey are preempted from state registration but may have to make notice filings

Federal covered advisers are preempted from state registration, but states may require notice filings and fees (USA Sec. 405, NSMIA). A and D are incorrect; B misstates the rules for SEC registration.

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