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Series 79: Underwriting & New Financing
Series 79 practice questionhardSEC Registration Statements

Company A is acquiring Company B in a stock-for-stock merger valued at $2 billion. Company A will issue 50 million new shares to Company B's shareholders. Which registration form should Company A file?

  1. AForm S-1, since it involves the issuance of new shares
  2. BForm S-3, since Company A is an existing reporting company
  3. CForm S-4, which is specifically designed for securities issued in business combinations✓ Correct answer
  4. DNo registration is needed because this is a private transaction between two companies
Explanation

Why CForm S-4, which is specifically designed for securities issued in business combinations

Form S-4 is specifically designed to register securities issued in connection with business combinations, including mergers, acquisitions, exchange offers, and reclassifications. The form combines the registration requirements with the proxy statement or prospectus/information statement that must be sent to the shareholders who will vote on the transaction. It allows incorporation by reference to existing Exchange Act filings, streamlining the disclosure process for the acquiring company.

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