Scope of the Investigation and the Feasibility Question
Chapters in this video
What this video covers
- The four factors that determine how deep a reasonable investigation must go: the nature of the recommendation, the firm's role, its relationship to the issuer, and the issuer's size and stability
- Why "no fixed checklist" cuts one way, not two, and why mechanically completing a generic checklist does not prove adequate investigation
- The five mandatory minimum items every reasonable investigation must address: issuer and management, business prospects, assets, claims, and use of proceeds
- Why a prior investigation for the same issuer does not carry over to a new offering, and how the exam baits you with "already investigated" language
- What a feasibility study actually is: the issuer's internal analysis of whether its business plan, forecasts, and assumptions hold up under scrutiny
- The critical distinction between the issuer creating the feasibility study and the representative's independent due diligence in stress-testing those assumptions
- Why feasibility study is an industry term with no defined regulatory checklist in private placement rules, and how the exam traps you on that framing
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