Chapter 8 Part 4

Question 1

All commissioners serve a

Answer 1

“five-year term and, during that time, mnst engage in the business of the
SEC full-time. These members are prohibited from engaging in securities transactions during their term. While carrying out their duties, the commissioners may be reimbursed for certain expenses that are incurred”

Question 2

If the SEC determines that a violation of the Investment Advisers Act or any federal act involving securities has been or is about to be committed, it may require a

Answer 2

statement in writing as to the relevant facts and circumstances and may conduct whatever investigation it deems appropriate

Question 3

The SEC may administer

Answer 3

oaths, subpoena witnesses, gather evidence, and require the production of records. If a person refuses to comply with a subpoena, the SEC may obtain a court order compelling compliance

Question 4

The SEC may investigate violations of rules of

Answer 4

the national securities exchanges and self-regulatory organizations

Question 5

The purpose of SROs, such as the Financial Industry Regulatory Authority (FINrA) and the Municipal Securities Rulemaking Board (MSHB), is to

Answer 5

promote fair and equitable business practices in the securities industry

Question 6

The SEC has the authority to suspend trading in a specified security for up to

Answer 6

10 days.

Question 7

the SEC also has the power to suspend all trading on an exchange for up to

Answer 7

90 days with prior notification of the president of the United States

Question 8

If a person has violated, or is about to engage in an action that violates a federal securities act, the SEC may

Answer 8

seek an injunction in a federal court. The SEC may also transmit evidence of violations to the United States Attorney General, who may institute criminal proceedings

Question 9

Any person subject to an SEC order may appeal the order to one of the federal appeals courts by

Answer 9

filing a written petition within 60 days of the date the order is entered. Unless specifically directed by the court, an appeal does not operate as a stay of the SEC’s order

Question 10

The SEC is empowered to make, amend, or abolish

Answer 10

rules or regulations it deems necessaty to enforce compliance with the Investment Advisers Act. It also may issue interpretations of its rules to provide guidance to investment advisers (e.g., SEC Release IA-1092)

Question 11

Keep in mind, the SEC is focused on the public’s best interest and protection of investors. Therefore, information contained in a registration application or report filed with the SEC is made available to

Answer 11

the public unless the SEC determines that public disclosure is neither necessaty nor appropriate

Question 12

The SEC will not make public the fact that an examination or investigation is being conducted. Also, the results of these examinations will be

Answer 12

confidential, except in the case of public hearings or a request for disclosure from Congress

Question 13

The Investment Advisers Act does not authorize the SEC to require an investment adviser to disclose the

Answer 13

identity, invest1nents, or affairs of any client unless such disclosure is required to enforce compliance with the Investment Advisers Act

Question 14

Similar to state law, civil and criminal penalties are imposed when a violation of

Answer 14

securities acts occurs

Question 15

A person who makes an untrue statement or material omission in a registration statement is subject to

Answer 15

SEC penalties and may be sued by any purchaser of the security who was not aware of the untrue statement or omission

Question 16

Those who may be sued include

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Every person who signed the registration statement; Every director or partner of the issuer; Every accountant, engineer, appraiser, or similar professional person who prepared or certified any part of the registration statement; Every underwriter of the security

Question 17

The amount of damages may include

Answer 17

The full purchase price + Interest (determined by the state) - lncome received from the security

Question 18

Action to recover must be brought within

Answer 18

one year of discovery and within three years of occurrence

Question 19

Violations of federal securities acts, including the Investment Advisers Act, fall under the jurisdiction of

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district courts of the United States. Criminal proceedings must be brought in the district where the violation occurred

Question 20

Any person who willfully violates a federal securities act or SEC rule or regulation is subject to a fine not exceeding

Answer 20

$10,000, imprisonment for up to five years, or both