What kind of law is the Securities Act of 1933?

The Securities Act of 1933 was the first federal legislation used to regulate the stock market. The act took power away from the states and put it into the hands of the federal government. The act also created a uniform set of rules to protect investors against fraud.

What was the main purpose of the Securities Act of 1933?

Often referred to as the “truth in securities” law, the Securities Act of 1933 has two basic objectives: require that investors receive financial and other significant information concerning securities being offered for public sale; and. prohibit deceit, misrepresentations, and other fraud in the sale of securities.

Who must register under the Securities Act of 1933?

“Accredited investors” under Rule 501(a) of the Securities Act include any individual that earned income that exceeded $200,000 (or $300,000 together with a spouse) in each of the prior two years, and reasonably expects the same for the current year, or has a net worth over $1 million, either alone or together with a …

What is the difference between Securities Act of 1933 and 1934?

The 1933 Act controls the registration of securities with SEC and national stock markets, and the 1934 Act controls trading of those securities. Securities Law is used by experienced securities lawyers, general practitioners, accountants, investment advisors, and investors.

Who does the Securities Exchange Act of 1934 apply to?

The Securities Exchange Act requires disclosure of important information by anyone seeking to acquire more than 5 percent of a company’s securities by direct purchase or tender offer. Such an offer often is extended in an effort to gain control of the company. If a party makes a tender offer, the Williams Act governs.

What happens if you violate the Securities Act of 1933?

Penalties. Section 24 of the Securities Act of 1933 provides for fines not to exceed $10,000 and a prison term not to exceed five years, or both, for willful violations of any provisions of the act.

What does the Securities Act of 1934 cover?

The Securities Exchange Act of 1934 (SEA) was created to govern securities transactions on the secondary market, after issue, ensuring greater financial transparency and accuracy and less fraud or manipulation. It also monitors the financial reports that publicly traded companies are required to disclose.

What is an exempt security?

Exempt securities are financial instruments that do not need to be registered with the Securities Exchange Commission (SEC). They are generally backed by the government and may carry a lesser risk than securities offered by public companies.

What is Section 13 of the Exchange Act?

Sections 13(d) and 13(g) of the Exchange Act require an investment manager who acquires or has beneficial ownership of more than 5% of a class of an issuer’s Schedule 13 Securities (the “Section 13 Threshold”) to report such beneficial ownership on Schedule 13D or Schedule 13G, depending on the circumstances.

Can the SEC put people in jail?

The SEC can charge individuals and entities for violating the federal securities laws and seek remedies such as monetary penalties, disgorgement of ill-gotten gains, injunctions, and restrictions on an individual’s ability to work in the securities industry or to serve as an officer or director of a public company, but …

What was the law before the Securities Act of 1933?

Prior to the passing of the Securities Act of 1933, regulation of investment securities was primarily governed by state laws (referred to as blue sky laws).

Why are securities required to be registered with the SEC?

Legislated pursuant to the Interstate Commerce Clause of the Constitution, it requires every offer or sale of securities that uses the means and instrumentalities of interstate commerce to be registered with the SEC pursuant to the 1933 Act, unless an exemption from registration exists under the law.

How is the Securities Act of 1933 different from blue sky laws?

• The Securities Act of 1933 is distinct from the local blue sky laws, which typically impose very specific and qualitative requirements on security offerings. If a company fails to meet such requirements in the specific regulating state, then it would simply be barred from offering there.

What was the national securities markets Improvement Act of 1996?

The National Securities Markets Improvement Act of 1996 added a new Section 18 to the ’33 Act which preempts blue sky law merit review of certain kinds of offerings. Part of the New Deal, the Act was drafted by Benjamin V. Cohen, Thomas Corcoran, and James M. Landis, and signed into law by President Franklin D. Roosevelt.