SERIES-6 practice question 29 of 35

Ms. Scatty is a registered representative with a well-known family of mutual funds. When selling one of the funds, she forgets to give her buyer a prospectus. Which of the following statements is true?

Full set: 325 questions
Answer options
A: Ms. Scatty can be held civilly liable under the Securities Act of 1933. Correct answer
B: Ms. Scatty can be held criminally liable under the Securities Act of 1933.
C: Since mutual funds are not covered under the Securities Act of 1933, there is no liability in this instance.
D: Both A and B are true statements.
Correct Answer:
A. Ms. Scatty can be held civilly liable under the Securities Act of 1933.
Explanation

If Ms. Scatty forgets to give her buyer a prospectus when selling one of the funds, she can be held civilly liable under the Securities Act of 1933. Unless there was an intent to defraud, she is not subject to criminal penalties. The purchase and sale of mutual fund shares fall under the Securities Act of 1933.

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