Authority of the State Securities Administrator
Chapters in this video
- 0:00 Three buckets of administrator authority under the Uniform Securities Act
- 2:03 Rule vs. order: speed limit versus speeding ticket
- 3:08 Out-of-state investigations and the subpoena power
- 4:24 Transactional immunity and its federal prosecution gap
- 5:22 The three things the administrator absolutely cannot do
- 6:44 Automatic and discretionary relief in court
- 7:27 Rapid-fire exam recap
What this video covers
- The three specific buckets of the administrator's authority: denial, suspension, or revocation of registration; investigation and subpoena power; and rulemaking authority
- The distinction between rules (broad, general applicability, force of law) and orders (specific to one person or situation), and why confusing them is a common exam trap
- The scope of the administrator's investigatory powers, including the ability to investigate across state lines, compel testimony and document production, and share information with federal and other regulators
- Transactional immunity, its state-specific scope, and why it does not block federal prosecution, perjury charges, or contempt findings
- The strict limit between administrative and judicial powers; specifically that the administrator cannot impose fines, jail sentences, or damages, and cannot issue injunctions, restitution, or disgorgement directly
- Automatic versus discretionary court relief, and why the administrator does not post bond when seeking injunctions but must persuade the judge for receiver appointment or restitution orders
Read the full lesson, free
This video's complete written lesson is free to read in the CertFuel app, no signup wall. The complete Series 66 course also includes adaptive practice questions and spaced-repetition flashcards.