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?
- AProminent prospectus disclosure and participation of a qualified independent underwriter✓ Correct answer
- BNo action is required if the loan is less than $500,000
- COnly notify FINRA after the deal closes
- DAct as sole underwriter to avoid appearances of collusion
Explanation
Why A — Prominent 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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