Chapter Introduction

This chapter covers 9% of the Series 63 exam (approximately 5 questions).


What You'll Learn

UnitTopicKey Concepts
1Definition of Securities and IssuersWhat is and is not a security, the Howey Test, offers and sales, issuer vs. non-issuer
2State Registration and Post-Registration RequirementsFiling, coordination, and qualification; federal covered securities; stop orders
3Exemptions from RegistrationExempt securities, exempt transactions, and denial or revocation of an exemption
4State Enforcement and Antifraud AuthorityThe antifraud provisions, jurisdictional scope, and the reach of the Act

Why This Chapter Matters

A security is lawful in a state only if it is registered, federal covered, or exempt. The antifraud provisions sit here too, because they define how far the Act reaches, and they have no exemptions at all.


Exam Strategy

At 9% of the exam, this chapter produces about 5 questions. Focus on:

  • The Howey Test has four prongs and all four must hold; "efforts of others" means primarily, not solely
  • Three registration methods: qualification (state only), coordination (SEC and state together), and notice filing (federal covered)
  • An exempt security stays exempt in any trade; an exempt transaction exempts only that sale
  • No exemption ever shields fraud

-> Start Unit 1: Definition of Securities and Issuers