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Series 14: Investment Banking

Try 10 focused Series 14 questions on Investment Banking, with explanations, then continue with the full Securities Prep practice test.

Series 14 Investment Banking questions help you isolate one part of the FINRA outline before returning to a mixed practice test. The questions below are original Securities Prep practice items aligned to this topic and are not copied from any exam sponsor.

Open the matching Securities Prep practice route for timed mocks, topic drills, progress tracking, explanations, and the full question bank.

Topic snapshot

ItemDetail
ExamFINRA Series 14
Official topicFunction 6 — Investment Banking
Blueprint weighting14%
Questions on this page10

Sample questions

Question 1

You are the compliance officer for a broker-dealer that expects to act as lead underwriter for TechCo’s IPO. TechCo is not an EGC and not a WKSI, and no Securities Act registration statement has been filed.

Exhibit: Draft email to be sent to the firm’s full client list (includes retail)

Subject: Upcoming TechCo IPO — Tell us your interest

We expect TechCo to begin its IPO process soon.
Preliminary valuation implies a range of $18–$21 per share.
Reply with your desired share amount and target price so we can
prioritize allocations when the deal launches.

Based on the exhibit, which interpretation is best supported under Securities Act Section 5?

  • A. It is a permissible testing-the-waters message to any investor
  • B. It can be sent as a free writing prospectus and filed afterward
  • C. It is an impermissible pre-filing written offer conditioning the market
  • D. It is a permitted tombstone communication if no final price is stated

Best answer: C

Explanation: It solicits investor interest and includes pricing context before any registration statement is filed, which Section 5 prohibits.

Section 5 restricts offers before a registration statement is filed. The email goes beyond a limited factual notice by highlighting a preliminary price range and requesting indications of interest from a broad (including retail) distribution list. That is classic “conditioning the market” and is not supported as a permitted pre-filing communication on these facts.

The core Section 5 concept is that, before a registration statement is filed, written communications that promote the offering or solicit investor interest are generally prohibited because they constitute an “offer” that can condition the market. Here, the draft email (1) is broadly distributed to clients (including retail), (2) references a preliminary price range/valuation context, and (3) asks recipients to reply with desired share amount and target price—an explicit solicitation of interest. Those exhibit facts support treating the message as impermissible gun-jumping in the pre-filing period. A compliant approach would be to prevent distribution and, if any pre-filing notice is needed, limit communications to a narrowly permitted factual notice that avoids solicitation and offering-type language.

Key takeaway: the combination of pricing context plus a request for indications of interest drives the Section 5 issue.

  • Tombstone misapplied tombstone-style communications are associated with permitted, limited offering communications and do not fit a pre-filing mass solicitation like this.
  • FWP timing error a free writing prospectus framework does not cure a pre-filing written offer on these facts.
  • Overbroad TTW testing-the-waters is not supported here given the issuer is not an EGC and the distribution includes retail.

Question 2

A broker-dealer receives two unsolicited sell requests in the same exchange-listed issuer (XYZ).

  • Customer 1 is XYZ’s CEO and a current affiliate. She wants to sell 25,000 shares acquired in open-market purchases; the position is held in street name with no restrictive legend.
  • Customer 2 is not an affiliate. He acquired 25,000 shares six months ago in an issuer private placement; his shares still carry a restrictive legend and have not been reissued as freely tradable.

As the compliance officer, which supervisory action best aligns with customer-protection and market-integrity standards for handling these resale orders?

  • A. Apply affiliate resale controls to the CEO and verify an exemption/legend removal for the private-placement shares
  • B. Treat both orders as freely tradable because XYZ is exchange-listed
  • C. Require the same restricted-security documentation for both customers because both are insiders
  • D. Allow both orders after AML review because the orders are unsolicited

Best answer: A

Explanation: Control securities can require affiliate resale conditions even if acquired in the market, while restricted securities require evidence they are eligible for public resale before accepting the order.

The CEO’s shares are control securities because she is an affiliate, so resale handling focuses on affiliate-related conditions (e.g., manner-of-sale/volume concepts and documented representations). The second customer’s shares are restricted securities from a private placement, so the key issue is whether the shares are eligible for public resale, typically evidenced by legend removal or other support for an exemption.

Control securities and restricted securities are different concepts that drive different resale controls. Control securities are defined by the seller’s relationship to the issuer (affiliate/control person), so even shares bought in the open market may require enhanced resale review to prevent an unregistered distribution and mitigate manipulation/insider-risk concerns; firms typically document affiliate status, obtain appropriate representations, and apply affiliate resale conditions.

Restricted securities are defined by how the securities were acquired (e.g., private placements), often evidenced by a restrictive legend. The supervisory focus is whether the securities have become eligible for public resale (e.g., through registration or an applicable exemption supported by documentation such as legend removal/legal support). The durable standard is tailoring pre-trade controls to the source of restriction: seller status versus acquisition/registration status.

  • Listing equals free trading fails because affiliate status and private-placement restrictions can still limit resale.
  • Same paperwork for both fails because the CEO’s issue is control-person resale, not restricted-acquisition status.
  • AML-only clearance fails because resale eligibility and affiliate resale conditions require securities-law supervision beyond AML checks.

Question 3

A broker-dealer carries the personal brokerage account of the CFO of TargetCo. TargetCo has just completed a shareholder-approved, stock-for-stock merger into AcquirerCo that was registered on Form S-4, and the CFO received AcquirerCo shares in exchange for her TargetCo shares. Two business days after closing, she deposits 200,000 AcquirerCo shares and asks to sell all shares immediately to fund a home purchase.

As the compliance official overseeing control and restricted securities processing, what is the single best action that satisfies supervisory obligations and minimizes regulatory risk under SEC Rule 145 resale concepts?

  • A. Treat the shares as control securities and permit sales only if Rule 144 conditions are met, supported by documented affiliate status review and appropriate legal/opinion documentation before order entry
  • B. Permit immediate resale because the merger was registered on Form S-4
  • C. Allow the sale based on the customer’s written representation and obtain any opinion documentation after execution
  • D. Reject the deposit and instruct the customer to sell the shares directly through AcquirerCo’s transfer agent

Best answer: A

Explanation: Because an affiliate received shares in a Rule 145-type transaction, the firm should not facilitate resale unless it is handled as a Rule 144-compliant resale (or registered) with defensible documentation before trading.

In Rule 145 transaction contexts, affiliates who receive shares are treated as potential “underwriters” for resale purposes, creating distribution risk if the broker-dealer facilitates an unrestricted sale. The appropriate compliance decision is to apply control-securities resale controls and allow trading only when resale conditions (commonly via Rule 144) are satisfied and documented before execution.

SEC Rule 145 covers certain business-combination/reclassification transactions (including shareholder-approved mergers) and focuses on resale risk by persons who may be participating in a distribution. When the selling securityholder is an affiliate (such as a CFO), the shares received in the transaction are treated as control securities for resale purposes, even if the exchange was registered, so the broker-dealer should not treat the position as automatically “free trading.” The firm’s lowest-risk workflow is to block or condition trading until it completes an affiliate/control determination and has pre-trade support showing the proposed resale is properly handled (typically under Rule 144, or via an effective registration/exemption), with appropriate records of review and approval. The key compliance principle is preventing the firm from facilitating an unregistered distribution and maintaining defensible supervisory evidence.

  • S-4 means freely tradable misses that affiliate resales can still be subject to control/underwriter resale constraints in Rule 145 contexts.
  • Post-trade paperwork is weak supervision because distribution risk must be addressed and documented before the firm executes the sale.
  • Transfer agent workaround does not replace the broker-dealer’s obligation to apply and document appropriate resale controls when it is asked to process the transaction.

Question 4

A broker-dealer’s investment banking team is pitching to be lead underwriter on a follow-on offering. To “help the pitch,” the bankers ask a research analyst to circulate a draft initiation report to banking and sales for comments on the rating and target price before publication. The analyst incorporates the suggested language and the report is released.

From a compliance perspective, what is the most likely outcome if this workflow is identified during a FINRA exam?

  • A. No material issue if the report includes standard conflict disclosures
  • B. A required pause of the offering process until the report is withdrawn
  • C. Regulatory exposure for undermined research independence and required governance remediation
  • D. Only an internal HR issue unless a customer complaint is received

Best answer: C

Explanation: Allowing banking and sales to influence ratings/targets is a core research conflict that can trigger FINRA findings and demands for stronger separation, review controls, and documentation.

Letting investment banking and sales shape research conclusions (like a rating or price target) creates a direct conflict that undermines the required independence of research. If regulators see this pre-publication influence, they will likely view it as a supervisory and governance failure. The firm should expect exam findings and be required to strengthen controls that prevent, detect, and document the separation between research and banking.

The core issue is improper influence: investment banking and sales personnel should not direct or pressure research conclusions, especially when the firm is seeking or conducting investment banking business. A workflow that routes drafts to banking/sales for substantive input on ratings or target prices is a classic conflict and can be treated as a breakdown in research governance and information barriers.

A defensible control framework typically includes:

  • Restricting pre-publication review to permitted reviewers (e.g., compliance/legal for policy and factual checks)
  • Clear escalation when banking requests changes to recommendations/targets
  • Surveillance and attestations evidencing independence (who reviewed, what changed, why)
  • Training and consequence management for violations

Disclosures do not “cure” conflicted conduct; preventing and evidencing independence is the key takeaway.

  • Disclosure as a cure is insufficient because the problem is the conflicted process and influence, not just transparency.
  • Complaint-driven supervision is incorrect because governance expectations apply regardless of customer harm or complaints.
  • Automatic offering halt overstates the consequence; the more likely outcome is regulatory findings and remediation rather than a mandatory pause in all cases.

Question 5

Which statement is most accurate about Securities Act Section 5 restrictions on communications and distribution activity in a registered IPO where the broker-dealer is a syndicate member?

  • A. After filing but before effectiveness, a syndicate member may solicit non-binding indications of interest and deliver a preliminary prospectus, but may not accept binding orders or receive payment.
  • B. After the registration statement is effective, no prospectus delivery is needed if the customer previously reviewed the preliminary prospectus online.
  • C. Before the registration statement is filed, an underwriter may circulate an offering slide deck to retail customers as long as it omits the offering price.
  • D. During the waiting period, any written marketing communication is permissible if it contains a legend that the offering is not yet effective.

Best answer: A

Explanation: Section 5 permits limited pre-effective marketing but prohibits sales (binding commitments/payment) until the registration statement is effective.

Section 5 draws a key line between permitted pre-effective marketing and prohibited sales. In the waiting period, firms can gauge interest and use the preliminary prospectus, but they must avoid binding commitments and taking money until the registration statement is effective. This is the practical compliance distinction between an “offer” and a “sale” in a registered offering.

Section 5 is designed to prevent unlawful “gun-jumping” and unregistered distributions by controlling what can be communicated and when a transaction can be completed. Once a registration statement has been filed (but is not yet effective), a syndicate member may engage in limited marketing activity, such as soliciting non-binding indications of interest and using the preliminary prospectus, because no sale has occurred.

The compliance pivot is whether the firm is moving from interest-gauging to a completed sale. A “sale” under Section 5 includes taking payment or creating a binding purchase commitment before effectiveness, which is not permitted in a registered offering. Legends and prior access to preliminary materials do not, by themselves, eliminate the need to comply with the statutory framework governing written offers and prospectus delivery.

A good control focus is to supervise communications and order-entry/payment controls so activity stays within the permitted stage of the offering.

  • Pre-filing marketing to retail is generally prohibited because offers before filing are restricted and “testing the waters” is not a blanket retail permission.
  • Legend cures anything is incorrect; a legend does not automatically make all written marketing permissible during the waiting period.
  • Preliminary prospectus substitutes for final is incorrect; effectiveness triggers prospectus-delivery obligations that are not satisfied merely by earlier review of a preliminary document.

Question 6

A firm is advising Issuer LMP on a confidential acquisition. Firm policy states: “When any employee is wall-crossed and receives MNPI on an investment banking transaction, Compliance must add the issuer to the Restricted List within 15 minutes of the wall-cross to prevent trading across the information barrier.”

Exhibit: Timeline (ET)

09:12  Banker wall-crosses Equities Trader (MNPI shared)
09:28  Proprietary desk BUY 5,000 LMP at 42.10
09:40  Compliance adds LMP to Restricted List

Based on the timeline and the firm’s policy, what is the most appropriate next step for the compliance officer?

  • A. Treat the update as timely because LMP was restricted before market close
  • B. Escalate and investigate the 09:28 trade as a potential barrier failure
  • C. Take no action because the trade occurred before the Restricted List entry time
  • D. Move LMP to a Watch List only and remind staff not to discuss the deal

Best answer: B

Explanation: The restriction was due by 09:27 (15 minutes after 09:12), so the 09:28 proprietary trade occurred after the required restriction point and must be escalated and investigated.

Under the firm policy, Compliance had 15 minutes from the wall-cross to restrict the issuer. The exhibit shows the restricted list entry occurred after that deadline, and a proprietary trade occurred after the deadline but before the restriction was put in place. That combination indicates a potential information-barrier control failure requiring immediate escalation and review.

Information barriers rely on timely, auditable controls (such as restricted lists) that are triggered by wall-crossing/MNPI events. Here, the wall-cross occurred at 09:12, so the firm’s policy required LMP to be restricted by 09:27. Compliance added LMP at 09:40, and the proprietary desk traded at 09:28—after the restriction deadline—creating a potential cross-barrier trading issue.

The appropriate compliance response is to:

  • Immediately restrict further trading and preserve relevant records (orders, tickets, chats/calls).
  • Escalate to Legal/CCO/surveillance per procedure.
  • Investigate whether MNPI influenced the trade and determine remediation (including any reporting obligations under firm policy).

The key takeaway is that controls are measured against the policy trigger (wall-cross time), not the time the list was eventually updated.

  • End-of-day thinking misses that the policy requires restriction within 15 minutes of wall-crossing.
  • Watch list substitute is insufficient because the policy calls for a Restricted List control once MNPI is shared.
  • “Before entry time” logic ignores that the trade occurred after the required restriction deadline, indicating a control breakdown.

Question 7

Which statement best describes a broker-dealer’s restricted list as used in confidentiality controls for M&A and restructuring mandates?

  • A. A list of approved outside business activities for investment banking personnel
  • B. A list of employees with access to MNPI, maintained for surveillance and regulatory inquiry response
  • C. A list of issuers monitored for conflicts where trading is permitted if pre-cleared
  • D. A list of securities subject to trading/proprietary activity limits because the firm may possess MNPI

Best answer: D

Explanation: A restricted list is used to impose firmwide trading limitations when MNPI risk exists around an issuer/security.

A restricted list is a key information-barrier tool used to control trading when the firm’s involvement in a mandate creates MNPI risk in a particular issuer or security. Its purpose is to prevent or limit trading activity (often firmwide) to protect market integrity and demonstrate effective confidentiality controls. It differs from lists that track who has MNPI access or that merely require pre-clearance.

In M&A and restructuring work, the firm may obtain MNPI about an issuer (e.g., deal terms, financing plans, distress/restructuring outcomes). A restricted list is a control that identifies the affected issuer/securities and triggers trading restrictions designed to prevent misuse of MNPI and reduce appearance-of-conflict risk.

Typical compliance outcomes include:

  • blocking or limiting proprietary and/or employee trading in the covered securities
  • controlling research coverage and communications where applicable
  • documenting adds/removes and the basis for the restriction

By contrast, an insider list focuses on tracking individuals with MNPI access (for auditability and inquiries), and a watch/pre-clearance concept generally allows trading subject to heightened review rather than outright restriction.

  • Insider list confusion describes tracking people with MNPI access, not restricting securities.
  • OBA list is an HR/supervision control unrelated to issuer trading restrictions.
  • Pre-clearance/watch concept suggests trading can proceed with approval, which is not the core purpose of a restricted list.

Question 8

A broker-dealer is lead underwriter for an IPO. The issuer’s registration statement was filed with the SEC yesterday and is not yet effective (the waiting period). Compliance is asked to approve two written pieces to be emailed to retail prospects.

Exhibit: Draft communications

  • Communication A: Issuer name; type/amount of securities; expected offering date; underwriters; and “A preliminary prospectus is available from the underwriters.”
  • Communication B: A one-page “highlights” sheet with management’s growth projections, selected financial metrics, and a statement that “this IPO is a unique opportunity.”

Which compliance treatment best matches the two communications under Securities Act Section 5 concepts?

  • A. A is a free writing prospectus; B is a permitted tombstone
  • B. A is a permitted tombstone; B is a free writing prospectus
  • C. Both are prohibited written offers until effectiveness
  • D. Both are permitted tombstones during the waiting period

Best answer: B

Explanation: A is limited, factual notice content, while B is a written offer that must be treated as an offering communication requiring the statutory-prospectus framework.

During the waiting period, Section 5 allows only limited written notices and communications that fit within permitted categories, while other written offers are tightly controlled. Communication A reads like a limited “tombstone-style” notice. Communication B goes beyond notice by promoting the offering with projections and persuasive language, so it must be handled as an offering communication subject to the prospectus/filing controls applicable to written offers.

Section 5 is designed to prevent “gun-jumping” by restricting written offers of securities before effectiveness. In the waiting period, underwriters can use narrowly limited written notices (commonly “tombstone-style” content) that are essentially factual and direct investors to the prospectus, but promotional written materials are treated as written offers.

A practical way to classify these is:

  • If the piece is limited to basic identifying terms and where to get the prospectus, it can generally be used as a limited notice.
  • If it includes projections, performance claims, or persuasive selling language, it is a written offering communication that must be controlled within the statutory-prospectus framework (e.g., required legends, appropriate filing/retention, and ensuring investors have access to the registration statement’s prospectus information).

The decisive differentiator here is promotional content versus limited factual notice content.

  • Reversing the labels fails because the projections and “unique opportunity” language are what convert the piece into a written offer.
  • Treating both as tombstones fails because tombstone-style notices are limited and do not include selling claims or projections.
  • Banning both outright fails because limited notice-style written communications are generally permitted in the waiting period when properly constrained.

Question 9

Your firm is the placement agent for a foreign issuer’s note offering. The deal term sheet states “Regulation S only (offshore).” During communications pre-approval review, Compliance sees the following draft email from a syndicate desk rep:

Exhibit: Draft email

Subject: New issue — foreign issuer notes (Reg S)
We can place allocations with your U.S. institutional accounts.
Notes are expected to be freely tradable after closing.
Reply with interest and desired size.

What is the best next step for the compliance officer in the workflow?

  • A. Approve the email if recipients are accredited investors
  • B. Hold the communication and confirm the offering exemption, then revise selling restrictions and materials to align with either a Rule 144A QIB resale tranche or a Regulation S offshore-only tranche
  • C. Approve the email after adding general risk disclosures
  • D. File a Form D before any distribution occurs

Best answer: B

Explanation: The email conflicts with a Reg S-only structure, so Compliance must stop distribution and align investor targeting and resale messaging with either 144A (QIBs) or Reg S (offshore, no U.S. directed selling efforts).

The draft email markets a “Reg S only” deal to U.S. accounts and suggests immediate free tradability, both of which can conflict with an offshore Regulation S distribution. The appropriate workflow step is to stop and clarify the intended exemption(s), then ensure communications, legends, and selling restrictions match the correct pathway (Rule 144A to QIBs versus Regulation S offshore sales).

Rule 144A and Regulation S are commonly paired but they are not interchangeable. Rule 144A is a resale framework in the U.S. market that relies on limiting sales/resales to QIBs and using offering materials and legends consistent with that restriction. Regulation S is an offshore offering framework that depends on selling to non-U.S. persons in offshore transactions and avoiding U.S. “directed selling efforts,” with appropriate selling restrictions and transfer/resale limitations.

When a draft communication contradicts the stated exemption (here, “Reg S only” but targeted to U.S. accounts and implying free tradability), the correct compliance workflow is to pause approval, confirm the deal structure with the deal team/counsel, and then revise materials and distribution controls to match the selected exemption(s). The key takeaway is to align investor targeting and resale statements with the exemption’s core conditions before any solicitation goes out.

  • Accredited investor shortcut is incorrect because “accredited” status does not convert an offshore Reg S offering into a U.S. Rule 144A/QIB process.
  • Form D filing is a Reg D concept and does not address the mismatch between Reg S offshore restrictions and U.S. solicitation language.
  • Add risk disclosure only is insufficient because the main issue is the offering pathway and selling restrictions, not generic risk language.

Question 10

Your firm is lead underwriter on an IPO. The firm’s WSPs require documented Compliance pre-approval before any offering-related written communication is distributed to investors (including test-the-waters decks, roadshow materials, term sheets, and investor emails) and before any public-facing offering communication is posted (e.g., tombstone ads).

Exhibit: Transaction timeline (planned next steps)

  • May 8: Sales plans to email a test-the-waters deck to 20 institutions
  • May 21: Sales plans to email a roadshow link and a one-page term sheet to investors
  • May 28: Marketing plans to post a tombstone ad on the firm website after pricing
  • May 29: IB plans an internal due diligence call with issuer counsel and auditors

Which action above does NOT require Compliance sign-off before proceeding under these WSPs?

  • A. Posting a tombstone ad on the firm website after pricing
  • B. Emailing the test-the-waters deck to institutions
  • C. Emailing a roadshow link and one-page term sheet to investors
  • D. Holding an internal due diligence call with counsel and auditors

Best answer: D

Explanation: An internal diligence call is not a written investor communication or public-facing posting, so these WSPs don’t require pre-approval to proceed.

The WSP trigger here is distribution of offering-related written communications to investors and public-facing offering communications. An internal due diligence call is neither distributed to investors nor posted publicly, so it is outside the stated pre-approval requirement. The other listed steps are expressly covered written or public communications.

To identify when Compliance sign-off is required, match each timeline step to the firm’s stated pre-approval triggers. Here, the triggers are (1) any offering-related written communication sent to investors and (2) any public-facing offering communication posted.

Apply that to the timeline:

  • Test-the-waters decks and roadshow/term-sheet emails are written materials being distributed to investors, so they require documented pre-approval before sending.
  • A tombstone posted on the firm’s website is a public-facing offering communication, so it also requires pre-approval before posting.
  • An internal due diligence call is part of the deal process but is not, by itself, a distribution to investors or a public posting under the described WSPs.

Key takeaway: focus on whether the step is an external written/public communication versus an internal execution activity.

  • TTW distribution is a written offering communication to investors, explicitly covered by the WSPs.
  • Roadshow link/term sheet email is written investor-facing material and therefore needs pre-approval before being sent.
  • Website tombstone is a public-facing offering communication and requires approval before posting.
  • Internal diligence call is an internal process step and not within the stated pre-approval triggers.

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Revised on Sunday, May 3, 2026