Question

ABC Furniture Company wishes to raise capital by issuing some securities in its home state. The CEO of the company feels that registration with the Administrator is unnecessary because the issue is exempt. Should ABC be ordered to appear at a hearing, the burden of proving its issue is exempt is on

Answer 1

Answer: The company

Explanation: The burden of proving the exemption issued by the CEO of ABC furniture should ABC be issued to appear at an hearing in other to defend its stance on the exemption issued will be on the company. Even though the the exemption was made by the Chief Executive Officer of the company. The burden of proof lies on the shoulder of the corporation which requests for the exemption and not the individual who make the exemption request on behalf of the corporation which is the corporation's CEO and not the Administrator on which exemption was made. Thus proving the legality of an exemption always rests on the shoulder of the requesting corporation.