Securities Act § 5 
Prohibitions Relating to Interstate Commerce and the Mails
a. Sale or delivery after
sale of unregistered securities
Unless a registration statement is in effect as to a security, it shall
be unlawful for any person, directly or indirectly --
1. to
make use of any means or instruments of transportation or communication
in interstate commerce or of the mails to sell such security through the
use or medium of any prospectus or otherwise; or
2. to
carry or cause to be carried through the mails or in interstate commerce,
by any means or instruments of transportation, any such security for the
purpose of sale or for delivery after sale.
b. Necessity of prospectus
meeting requirements of section 10
It shall be unlawful for any person, directly or indirectly --
1. to
make use of any means or instruments of transportation or communication
in interstate commerce or of the mails to carry or transmit any prospectus
relating to any security with respect to which a registration statement
has been filed under this title, unless such prospectus meets the requirements
of section 10; or
2. to
carry or cause to be carried through the mails or in interstate commerce
any such security for the purpose of sale or for delivery after sale,
unless accompanied or preceded by a prospectus that meets the requirements
of subsection (a) of section 10.
c. Necessity
of filing registration statement
It shall be unlawful for any person, directly or indirectly, to make
use of any means or instruments of transportation or communication in
interstate commerce or of the mails to offer to sell or offer to buy through
the use or medium of any prospectus or otherwise any security, unless
a registration statement has been filed as to such security, or while
the registration statement is the subject of a refusal order or stop order
or (prior to the effective date of the registration statement) any public
proceeding or examination under section 8.
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May 27, 1933, ch 38, Title I, § 5, 48 Stat.
77
June 6, 1934, ch 404, Title II, § 204, 48 Stat. 906
Aug. 10,
1954, ch 667, Title I, § 7, 68 Stat. 684 |
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