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QUESTION 33 1933 & 1934 SEC Acts: Under Section 11 of the Securities Act of 1933 and Section 10(b), Rule 10b-5 of the Securities Exchange

QUESTION 33

  1. 1933 & 1934 SEC Acts: Under Section 11 of the Securities Act of 1933 and Section 10(b), Rule 10b-5 of the Securities Exchange Act of 1934, a CPA may be sued by a purchaser of registered securities. Each item relates to what a plaintiff who purchased securities must prove in a civil liability suit against a CPA. For each item indicate whether the statement must be proven under Section 11 of the Securities Act of 1933, under Section (10)b, Rule 10b-5 of the Securities Exchange Act of 1934, both Acts, or neither Act.

    - 1. 2. 3. 4.

    Material misstatements were included in a filed document.

    - 1. 2. 3. 4.

    A monetary loss occurred.

    - 1. 2. 3. 4.

    Lack of due diligence by the CPA.

    - 1. 2. 3. 4.

    Privity with the CPA.

    - 1. 2. 3. 4.

    Reliance on the document.

    - 1. 2. 3. 4.

    The CPA had scienter.

1.

The item must be proven only under the Securities Act of 1933.

2.

The item must be proven only under the Securities Exchange Act of 1934.

3.

The item must be proven under both Acts.

4.

The item must be proven under neither of the Acts.

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