A security is a financial asset that can be bought and sold—including stocks, bonds, debentures, municipal securities, futures, and options—and a securities transaction involves the purchase, sale, redemption, or other transfer of a security.
In Delaware, securities are regulated under both state and federal law. The Delaware Securities Act governs the registration, sale, and offering of securities within the state. This Act requires that securities offered or sold in Delaware must be registered unless they qualify for an exemption. The Act also regulates the conduct of brokers, dealers, and investment advisors, requiring them to be registered and to adhere to certain ethical and financial standards. Additionally, the Act provides for anti-fraud provisions, making it unlawful to engage in fraudulent or deceitful practices in connection with the purchase or sale of securities. At the federal level, the Securities and Exchange Commission (SEC) oversees securities transactions, enforcing federal securities laws such as the Securities Act of 1933 and the Securities Exchange Act of 1934. These laws mandate the disclosure of important financial information through the registration of securities, regulate the transactions of securities professionals, and outline penalties for fraudulent activities. It's important for anyone dealing with securities in Delaware to comply with both state and federal regulations to ensure the legality of their transactions.