Denial, Revocation, Suspension, Cancellation, and Withdrawal
Chapters in this video
- 0:00 Administrator authority and procedural safeguards
- 1:22 Grounds for action: insolvency and Barry's blunders
- 2:50 The 10-year criminal lookback and securities misdemeanors
- 4:07 The 30-day rule and the "discovers" trap
- 5:04 Cancellation versus revocation: missing versus misconduct
- 5:57 Withdrawal: 30 days and the escape attempt
- 6:42 Rapid-fire exam recap
What this video covers
- The three procedural safeguards the state administrator must follow before taking action against a broker-dealer (prior notice, opportunity for a hearing, and the public interest standard)
- The 10-year lookback period for felony and securities-related misdemeanor convictions, and why non-securities misdemeanors are not grounds for denial or revocation
- The complete list of grounds for administrator action, including filing deficiencies, court injunctions, willful Uniform Securities Act violations, dishonest or unethical conduct, insolvency, lack of qualifications, and failure to supervise
- The 30-day rule: when it bars proceedings based solely on pre-registration known facts, and the three scenarios where the bar does not apply (discovery after registration, mixed basis, and renewal registrations)
- Why cancellation is non-punitive administrative cleanup for a missing or dissolved firm, while revocation is punitive disciplinary action for actual misconduct
- Why a broker-dealer cannot use voluntary withdrawal to escape an incoming enforcement proceeding, and that withdrawal becomes effective 30 days after filing
- The emergency exception that lets the administrator act first and provide notice afterward
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