Series 63 practice questioneasyCommission vs Omission
Which of the following situations MOST clearly represents a fraudulent omission under the Uniform Securities Act?
- AAn agent fails to disclose a known material adverse change in a company's financials during a sale.✓ Correct answer
- BAn agent exaggerates recent positive earnings news to a client.
- CAn agent recommends a security based on its popularity without research.
- DAn agent provides a client with all prospectus materials as required.
Explanation
Why A — An agent fails to disclose a known material adverse change in a company's financials during a sale.
Omissions involve failing to disclose material facts (USA Sec. 101(2)). Exaggerating news is a commission, not omission (B); C is poor practice but not a fraudulent omission; D is proper procedure.
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