module 9 discussion

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Florida State University *

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5000

Subject

Finance

Date

Jan 9, 2024

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docx

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2

Uploaded by monikameow

Report
t the Organizational Meeting for the initial public offering of Hi Tech, Inc., the CEO announces that she gave an interview to a major mass circulation magazine a week earlier. The interview topics included the following four statements: Statement 1: "The company’s financial performance for the most recent year." Statement 2: "The CEO’s expectations for the company’s financial performance for the current year." Statement 3: "The terms on which the company most recently raised capital in a private placement." Statement 4: "The possibility that the company might go public at some point in the near future." The timing of the publication of the interview is uncertain. The company and the prospective underwriters would like to file a registration statement 6 weeks following the date of the Organizational Meeting. 1. Are any of Statements 1-4 above problematic for the offering? If so, why? 2. For any of the Statements that you find problematic, please discuss: o The possible adverse consequences, AND o How the problem can be resolved There may arise problems with the offering if any of the statements are not true or are misleading when the registration statement is submitted. For example, Statement 1 explains financial performance and if the data is untrue, potential investors might be mislead about the company’s performance and make bad investment decisions based off of Statement 1. The CEO can be charged with misrepresenting the company’s prospectus if Statement 2 is untrue, hurting the company’s reputation and make it more challenging to raise funds in the future. If Statement 3 is false, the company can actually have face charges of misrepresentation of the conditions of the private placement. This could mean either legal or regulatory consequences. If Statement 4 is untrue, the company could be charged with deceiving investors about its IPO plans, resulting in the possibility of further regulatory action or legal consequences. The first method that can be used to make sure the problems can be resolved would be to make sure that the statements are true when the registration statement is filed. Adding disclaimers to the statements is another method in addressing these concerns. Like adding a disclaimer than says that if company’s outcomes are different, it could be due to a number of different variables.
Another method could be attempting to delay to submission of the registration statement until after the interview has been published. Any truths can then be confirmed and more information can be made available to potential investors. In the end, the corporation should compare its statements to public records and its own internal records to make sure there are no errors and correct them before the registration statement is filed.
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