Administrative Actions: Rapid Fire
Chapters in this video
What this video covers
- Why cease and desist orders and summary suspensions are purely administrative, but injunctions, rescission, restitution, and disgorgement remain strictly judicial, and what that means for "who can enjoin"
- The two-prong test combo: how denial, suspension, or revocation of a registration always requires both the public interest AND a statutory ground, plus notice, hearing opportunity, and written findings
- Why cancellation is merely housekeeping for dead, dissolved, or missing registrants and needs no public interest finding at all
- How federal covered securities interact with state power: notice filings and stop orders for Regulation D offerings, versus full preemption for exchange-listed securities with no notice, no fee, and no stop order
- The 15-day notice filing deadline for Regulation D securities from the first in-state sale, and the separate 15-day hearing deadline after a written request following summary suspension
- Why an appeal to court never stays a final order, and the 60-day appeal window from entry of the order
- The critical distinction between 30 days for retroactive action on a securities registration and 90 days for retroactive action on a person's registration, plus the 30-day effective period for withdrawal
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