3.3 THE LAWS THAT GOVERN THE SECURITIES INDUSTRY
3.3.1 Securities Act 1933
Often referred to as the “truth in securities” law, the Securities Act 1933 has two basic
objectives:
• to require that investors receive financial and other significant information concerning
securities being offered for public sale; and
• to prohibit deceit, misrepresentations and other fraud in the sale of securities.
The primary means of accomplishing these goals is the disclosure of important financial
information through the registration of securities. This information enables investors to make
informed judgements about whether to purchase a company’s securities. While the SEC
requires that the information provided be accurate, it does not guarantee it. Investors who
purchase securities and suffer losses have important recovery rights if they can prove that
there was incomplete or inaccurate disclosure of important information.
• The Division of Risk, Strategy and Financial Innovation supports the identification of
developing risks and trends in the financial markets and provides analysis that integrates
economic, financial and legal disciplines (reflecting the changes in capital markets
and corporate governance and the emergence of derivatives, hedge funds and new
technology).
• The Division of Enforcement executes the Commission’s law enforcement function by
recommending civil actions be brought before federal courts (or before an administrative
law judge as appropriate), prosecuting these cases on behalf of the Commission, and
working closely with law enforcement agencies both in the US and internationally to
bring criminal cases when required.
3.3 THE LAWS THAT GOVERN THE SECURITIES INDUSTRY3.3.1 Securities Act 1933Often referred to as the “truth in securities” law, the Securities Act 1933 has two basicobjectives:• to require that investors receive financial and other significant information concerningsecurities being offered for public sale; and• to prohibit deceit, misrepresentations and other fraud in the sale of securities.The primary means of accomplishing these goals is the disclosure of important financialinformation through the registration of securities. This information enables investors to makeinformed judgements about whether to purchase a company’s securities. While the SECrequires that the information provided be accurate, it does not guarantee it. Investors whopurchase securities and suffer losses have important recovery rights if they can prove thatthere was incomplete or inaccurate disclosure of important information.• The Division of Risk, Strategy and Financial Innovation supports the identification ofdeveloping risks and trends in the financial markets and provides analysis that integrateseconomic, financial and legal disciplines (reflecting the changes in capital marketsand corporate governance and the emergence of derivatives, hedge funds and newtechnology).• The Division of Enforcement executes the Commission’s law enforcement function byrecommending civil actions be brought before federal courts (or before an administrativelaw judge as appropriate), prosecuting these cases on behalf of the Commission, and
working closely with law enforcement agencies both in the US and internationally to
bring criminal cases when required.
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