What the Administrator CAN and CANNOT Do
Chapters in this video
- 0:00 The Administrator as motivated bureaucrat, not law enforcement
- 1:37 Unilateral powers: investigations, subpoenas, cease and desist, revocation
- 2:27 The two-prong test: public interest plus statutory ground
- 2:51 Willfully defined: the act, not the intent to break law
- 3:32 Who arrests, fines, jails: why the Administrator hits a wall
- 4:27 Cease and desist versus injunction: the most tested distinction
- 4:58 Restitution and disgorgement: court controls the money
- 5:33 Effective versus approved: the vocabulary trap
- 6:02 Stop orders and federal preemption of exchange-listed securities
- 6:28 Appeals do not automatically stay enforcement
- 7:02 Rapid-fire exam recap
What this video covers
- The two-prong test for registration actions: public interest plus a statutory ground, and why both are always required
- Why willfully means intending the physical act, not intending to violate the law, and how this distinction is tested with unregistered securities sales
- Every unilateral administrative power: investigations, subpoenas, cease and desist orders, denial-slash-suspension-slash-revocation of registrations, stop orders, summary suspensions, and canceling inactive registrations
- The single most tested boundary: cease and desist orders (administrative) versus injunctions (judicial), and who petitions for each
- Why the Administrator cannot impose criminal penalties, arrest anyone, grant injunctions, or directly enforce subpoenas, and which entities actually hold those powers
- Why registrations become effective rather than approved, and why claiming state approval is itself a violation
- Why stop orders against exchange-listed covered securities are fully preempted, and what that means for the Administrator's authority
Read the full lesson, free
This video's complete written lesson is free to read in the CertFuel app, no signup wall. When you're ready to drill the topic, the full Series 63 course adds adaptive practice questions and spaced-repetition flashcards.