According to the Uniform Securities Act, a sale is a(n): Show
D)A sale is defined as every contract to sell a security or an interest in a security, including a security given as a bonus with the purchase of another security, or a gift of assessable stock when something of value is given. A sale is not an attempt to transfer ownership of a security, a solicitation of an offer to buy, or an offer of an equivalent contract (i.e., an offer or offer to sell). Under the Uniform Securities Act, which of the following constitutes an offer of a security?
A)A prospectus is the document that offers a security for sale. A tombstone advertisement always states that in and of itself, it is not an offer to sell, that such an offer may only be made by prospectus, and where a prospectus may be obtained. A prospectus is the document that offers a security for sale Under the USA, which of the following fits the definition of a sale?
C)Sales involve any contract or disposition for value; solicitations and attempts to dispose are offers.
Under the Uniform Securities Act, which of the following are defined as sales?
I III) sale is a contract or transaction for value. Therefore, when a security is given as a bonus in connection with the sale of another security, it is also considered a sale. Because an assessable stock may require a payment made by the recipient, the gift is considered a sale Under the Uniform Securities Act, Administrators of all of the following states have jurisdiction EXCEPT:
D)The state from which payment is made is not relevant in determining whether the Administrator of that state has jurisdiction. An offer to sell includes all of the following EXCEPT: A) an offer of convertible securities and warrants. B) a loan with a stated interest rate payable upon demand. C) an offer of a special stock dividend in return for additional payments. D) a purported gift of assessable stock. An Administrator does not have jurisdiction over an offer to sell that is made in a:
Which of the following involves an offer or sale?
B)The gift of an assessable security, where the recipient may be required (assessed) to put up money, involves both an offer and a sale. The gift of an assessable security, where the recipient may be required (assessed) to put up money, involves both an offer and a sale.
The Administrator in Texas has jurisdiction over an offer made:
I)The Administrator does not have jurisdiction over an offer made in a TV or radio broadcast that originated outside of the state. The same is true for a newspaper published outside the state. Under which of the following circumstances would the Administrator of this state have jurisdiction?
I II III)Radio or TV broadcasts made from outside the state do not come under the Administrator's jurisdiction. The letter sent from out of state does, because the offer is being made in this state. Note that the TV broadcast is from a station in this state so the Administrator of this state has jurisdiction Under the Uniform Securities Act, the state Administrator may by order deny, suspend or revoke an investment adviser's registration for: A) violation of another state's securities laws within the last 5 years. B) conviction for a nonsecurities-related felony more than 15 years ago. C) conviction for a securities-related misdemeanor more than 15 years ago. D) lack of experience as an investment adviser. A)A violation of any state or federal securities or commodities law within the last 10 years is grounds for denial, suspension, or revocation of registration by order. This means that no hearing is required. Convictions are grounds for administrative action only if they occurred within the past 10 years. Lack of experience is not sufficient cause for revoking or denying registration. According to the USA, under which of the following circumstances may an Administrator cancel an agent's registration?
A)Registration may be canceled by the Administrator if the registered individual has been judged mentally incompetent. Cancellation is a nonpunitive action of the Administrator. Can a state administrator issue an injunction?If the administrator believes the unethical or illegal action is continuing, the state administrator can attempt to petition a court for an injunction.
What can the state securities administrator do during an investigation?Investigations. A state securities administrator may investigate a broker dealer, an investment adviser, or an agent in any state if they feel that a violation has taken or may take place. The administrator may also subpoena people, books, and records in any state and may administer oaths to compel people to testify.
In which situation would the administrator from state A have jurisdiction over an offer?In which situation would the Administrator from State A have jurisdiction over an offer? Generally, an Administrator will have jurisdiction over any offer if it originated in that state, was directed in that state, or was accepted in the Administrator's state.
Which of the following persons are excluded from the definition of or exempt from registration as a brokerThe Uniform Securities Act excludes from the definition of a broker-dealer, any person who has no place of business in the State and who transacts business exclusively with: * issuers of securities involved in the transaction; or other broker-dealers; or banks, savings institutions, trust companies, insurance companies ...
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