Question

Please answers the below True/False and Multiple choice questions from Business Law. (Please provide a brief explanation to answers if possible)

Chapter: Securities Law

1.             The first state law regulating the sale of securities was referred to in the book as the Kansas ______ law:

                a.            state securities

                b.             green stock

                c.             red flag

                d.            blue sky

2.             Which of the following best describes the so-called Howey test?

                a.             the investment of money

b. a common enterprise

                c.             with an expectation of profits

                d.            not generated through the efforts of the investors

                e.             all of the above are part of the Howey test

3.   The first version of a prospectus is called a red herring. True/False

4.   The Securities Exchange Act of 1934 required CEOs of large companies with publicly traded stock to personally certify that financial reports filed with the SEC are accurate. True/False

5.   The SEC does not rule on the merits of securities offering, (that is, the likelihood of success of the proposed business). True/False

6.   A no-load mutual fund differs from a load fund in that the no-load fund does not charge an annual expense fee to its members. True/False

7. Rule 10b-5 deals with the issue of securities fraud. True/False

8. A limited partnership interest should be considered a security under the Supreme Court's Howey test. True/False

Answer 1

1. (d) is the correct answer. The term "blue sky law" originated in the early 1900s, when a Kansas Supreme Court justice declared protect investors from speculative ventures.

State securities law is after 1930s, Green stock is related to underwriting agreement of an IPO whereas Red flag rule was passed in 2003

2. (e) is the answer. In 1946, the Supreme Court heard a case (SEC v. Howey) -is states all the points.

3. True. A red herring prospectus as the preliminary document submitted by a company as part of a public offering of securities.

4. True. The Sarbanes-Oxley Act of 2002, section 302, CEO and CFO should certify the filed reports in SEC.

5. True. SEC only asks companies to file a registration statement containing information about itself, the securities it is offering, and the offering.

6. True. the categorization of load and non-load mutual fund is based on the sales charge.

7. True. Rule 10b-5, enacted in 1934 of SEC is a rule targeting securities fraud.

8. False, it is still a grey area despite the Court’s guidance in Howey