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Series 79: Section 4
Series 79 practice questionhardFINRA Rules Applicable to Investment Banking

A member has a Rule 5121 conflict because at least 5% of offering proceeds will repay loans made by the member and its affiliates. What procedures generally apply absent an exception?

  1. AProminent prospectus disclosure and participation of a qualified independent underwriter✓ Correct answer
  2. BNo action is required if the loan is less than $500,000
  3. COnly notify FINRA after the deal closes
  4. DAct as sole underwriter to avoid appearances of collusion
Explanation

Why AProminent prospectus disclosure and participation of a qualified independent underwriter

Where a Rule 5121 conflict exists, the rule generally requires prominent disclosure and a qualified independent underwriter unless an enumerated exception applies. Issuer consent is not the prescribed substitute.

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