Series 79 practice questioneasyFINRA Rules Applicable to Investment Banking
A managing underwriter receives a right of first refusal to participate in future offerings from an issuer. How must this be treated under FINRA Rule 5110?
- AIt is not considered compensation if not exercised.
- BIt is excluded from all disclosures if the value is less than $10,000.
- CIt must be disclosed and valued as underwriting compensation.✓ Correct answer
- DIt only needs to be noted in the underwriter's internal records.
Explanation
Why C — It must be disclosed and valued as underwriting compensation.
A right of first refusal is considered underwriting compensation and must be disclosed and valued, even if unexercised. Ignoring it as insignificant is a common error.
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