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Series 79: M&A, Tender Offers & Restructuring
Series 79 practice questionhardFairness Opinions

A fairness opinion states that, in rendering its opinion, the bank relied upon information provided by the company and did not independently verify all data. Why is this disclosure important?

  1. AIt limits the bank’s liability by making clear the opinion is based on unverified information✓ Correct answer
  2. BIt indicates the opinion is not a substitute for due diligence
  3. CIt suggests the opinion is not required for board approval
  4. DIt means the opinion is subject to regulatory challenge
Explanation

Why AIt limits the bank’s liability by making clear the opinion is based on unverified information

Disclaiming independent verification limits liability for errors in provided information. The trap is thinking such disclaimers undermine the validity or regulatory standing of the opinion.

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