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a. Foreign issuers are entitled to some of the same exemptions to disclosure requirements for initial offerings as are available to domestic issuers, except that

a. Foreign issuers are entitled to some of the same exemptions to disclosure requirements for initial offerings as are available to domestic issuers, except that exemptions under Regulation A are granted only to issuers in which foreign country?

  1. Great Britain
  2. France
  3. Mexico
  4. Canada

b. "Scienter" refers to knowledge (intent).

  1. True
  2. False

c. Any profits made by a director or officer or a 10 percent beneficial owner as a result of buying and selling the securities within a 2 year period are known as short-swing profits.

  1. True
  2. False

d. The SEC recognizes an issuer that has reported continuously under the 1934 Securities Exchange Act for at least three years as which of the following?

  1. A non-reporting issuer
  2. A seasoned issuer
  3. An unseasoned issuer
  4. A well-known seasoned issuer

e. Since 2001, the Justice Department and the FTC, under the Bush administration, have sought to negotiate with parties seeking to merge or to enter into acquisitions.

  1. True
  2. False

f. All of the following are factors considered by the courts when gauging a merger's impact on competition EXCEPT which one?

  1. Market foreclosure, resulting from the merger of a customer and its supplier
  2. Potential elimination of competition from a market if two competing firms merge
  3. Trends in the market reveal a low rate of concentration, as measured by percentage of the market that the leading four to six competitors in an industry have
  4. Entrenchment of a smaller firm in a market if a large firm with "deep pockets" acquires it and supplies the capital the small firm needs to eliminate competitors

g. All of the following are elements required by the Sherman Act for a violation EXCEPT which one?

  1. A restraint that is involved in intrastate commerce
  2. A combination, contract, or conspiracy
  3. A restraint of trade that is unreasonable
  4. A restraint that is involved in interstate commerce

h. A firm is not liable under Section 2 of the Sherman Act unless the firm has demonstrated an intent to monopolize the market.

  1. True
  2. False

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