US-CA11 · jury_instructions
11th Cir. Pattern Jury Instr. (Civil) 6.6
Section 12(a)(1) of the Securities Exchange Act of 1933 – 15 U.S.C. § 77l –
Sale of an Unregistered Security in Violation of § 5
[Name of plaintiff] asserts a claim under § 12(a) (1) of the Securities Act of
1933 for the sale of an unregistered security to [him/her/it] in violation of § 5 of
the Securities Act.
Sections 5(a) and 5(c) of the Securities Act of 1933 require the offer or sale
of certain securities to be registered. Registering securities ensures that companies
file essential facts with the Securities and Exchange Commission, also known as
the SEC, which then makes these facts public. Without an exemption from the
Securities Act’s registration requirements, it’s unlawful for any person to use an
instrumentality of interstate commerce to sell an unregistered security.
A person who claims that someone violated § 12 (a)(1) may bring a civil
action for damages [he/she/it] suffered as a result.
To prove a claim under § 12(a)(1), [name of plaintiff] must prove each of the
following facts by a preponderance of the evidence:
First, you must find that [name of defendant] directly or indirectly sold
securities to [name of plaintiff].
Second, you must find that [name of defendant] used an instrument of
transportation or communication in interstate commerce in connection with the
offer or sale of a security.
2
5.13
Provenance
- Source
- ca11.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- civil-2025-12
- Content hash
fd76149f83b0f0807bf8a6ed751b34eb68e3db5d68fdcafe6453fafc03e93a28
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