Objectives of the 1933 Securities Act
Transparency: An attempt was made to improve stock trading transparency by the Securities Act of 1933. The overall purpose was to assist investors in making informed selections based on real data. The Act created transparency measures by requiring public firms to register with the Securities and Exchange Commission (SEC) and produce yearly financial statements. The SEC requires an overview of the operations of the entity, securities sold to the public, the corporate management structure of the firm, and currently audited financial statements.
Misrepresentation and fraudulent activities: Another goal of the Act was to safeguard stock market investors against deception and fraudulent activities., Any misstatements in the documentation are the responsibility of the issuer of the securities under the Securities Act. Investor confidence is maintained as a result of the law, as investors can invest knowing that companies are giving relevant and accurate financial details. The Securities Act of 1933 allows an investor to sue for damages if he or she is cheated in the securities market.
The registration requirement is the key mechanism of achieving the objectives of the Act. The issuer is required to deliver the prospectus to each potential buyer if the SEC approves the registration statement. All forms created by SEC for registering several sorts of issuing firms need a description of the registrant’s business and possessions, the key provisions of the security to be provided, and information about the issuing company’s management and complete financial statements verified by professional accountants and auditors.
The registration and prospectus become public after they are filed and are available for public view. The registration statement’s effective date is usually twenty days after it is filed. The implication of this concept is that any public communication about a security offering is illegal unless it includes the requisite disclosures.
The SEC staff analyses the registration application and brochure, and if the documents prove to be materially incomplete or incorrect, the commission may postpone or deny the registration until the flaws are corrected.
If any company violates any provision of the Securities Act of 1933 knowingly, then Section 24 provides for fines or a sentence of imprisonment up to five years, or both. This section applies severe criminal penalties to anybody who intentionally makes any misrepresentations of relevant facts in an application filed for registration, or omits explanation of any relevant fact needed to be mentioned therein or necessary to make the contents not to be misrepresented, such an individuals faces severe criminal penalties under the Act.
However, provisions of these civil penalties apply only to misrepresentations made in connection with an application for registration, brochure, or verbal communication. A violation of SEC rules gives rise to an implied private right of action for damages under the Act. The Supreme Court’s decision in Borak opened the courthouse doors to numerous people who had been cheated but had no way of redressing their losses.
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