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Series 63: Remedies & Administrative Provisions
Series 63 practice questionmediumOmission vs. Misstatement

Which of the following best describes the difference between an omission and a misstatement under USA Section 501?

  1. ABoth require intent to deceive
  2. BMisstatements provide false information; omissions leave out material facts✓ Correct answer
  3. COmissions are not prohibited if unintentional
  4. DOnly misstatements are subject to antifraud rules
Explanation

Why BMisstatements provide false information; omissions leave out material facts

A misstatement is a false statement, while an omission is failing to disclose material facts. Both are prohibited (Section 501); intent (A, C) is not required for omission. Both are covered (D).

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