Remedies and Administrative Provisions: Rapid Fire

What this video covers

• Why only a court can grant injunctions, impose fines, order restitution or disgorgement, or imprison, while the Administrator issues cease-and-desist orders with or without a hearing
• The two-part test for denial, suspension, or revocation of registration, and why neither public interest nor a statutory ground alone is sufficient
• The difference between revocation (punitive), cancellation (non-disciplinary), and withdrawal (voluntary), and which requires no wrongdoing
• How the 30-day rescission-offer response window operates, and why silence costs a still-owning buyer their right to sue while a selling buyer must reject in writing
• Why the civil statute of limitations is the earlier of 3 years from sale or 2 years from discovery, and how the 3-year wall is absolute
• The state 5-5-3 criminal rule ($5,000 fine, 5-year statute of limitations, 3 years prison) versus the $10,000 and 5-year federal penalties under the Investment Advisers Act
• Why filing an appeal within 60 days for judicial review does not automatically stay an Administrator's order, and what a suspended person must do to keep operating