US-CA11 · jury_instructions
11th Cir. Pattern Jury Instr. (Civil) 6.7
Sections 5(a) & 5(c) of the Securities Act of 1933 –
15 U.S.C. §§ 77e(a) and 77e(c) – Offer and Sale of
Unregistered Securities – SEC Version
The Securities and Exchange Commission, also known as the SEC, asserts a
claim under the Securities Act of 1933, a federal statute regulating the offer and
sale of securities.
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 SEC, which then makes these facts public. It’s
unlawful, without an exemption from the Securities Act’s registration
requirements, for any person to use an instrumentality of interstate commerce to
buy or sell, offer to buy or sell, or transport or deliver after sale, an unregistered
security.
To succeed on its claim that [name of defendant] violated Securities Act §§
5(a) and 5 (c), the SEC must prove each of the following three elements by a
preponderance of the evidence:
First, you must find that [name of defendant] directly or indirectly sold, or
offered to sell, securities.
Second, you must find that [name of defendant] used an instrument of
transportation or communication in interstate commerce in connection with the
offer to sell or sale of securities.
2
5.13
Provenance
- Source
- ca11.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- civil-2025-12
- Content hash
08a5023c540a413c711674f2c5eb3c1e0d7079b8fe873252a91b5e28b1f8b52b
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.