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

In a public offering, which of the following would be considered a prohibited conflict of interest under FINRA Rule 5121?

  1. AThe underwriter holds a passive 4% stake in the issuer
  2. BThe underwriter is controlled by the issuer and participates in the offering✓ Correct answer
  3. CThe underwriter’s employee has a sibling on the issuer’s board
  4. DThe underwriter previously served as the issuer’s legal counsel
Explanation

Why BThe underwriter is controlled by the issuer and participates in the offering

A controlled underwriter presents a prohibited conflict, requiring special procedures or prohibiting participation. Passive stakes or familial relationships typically do not trigger Rule 5121.

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