Define: Firm-Commitment Underwriting

Firm-Commitment Underwriting
Firm-Commitment Underwriting
Quick Summary of Firm-Commitment Underwriting

Firm-commitment underwriting involves a company hiring an underwriter to purchase and sell all stocks to the public, assuming the financial risk of any unsold stocks. In contrast, best-efforts underwriting only involves the underwriter attempting to sell the stocks without guaranteeing the purchase of unsold stocks. Standby underwriting, on the other hand, entails the underwriter agreeing to buy any unsold stocks after the public offering for a fee.

Full Definition Of Firm-Commitment Underwriting

In firm-commitment underwriting, the underwriter assumes the responsibility of purchasing all the shares to be issued and bears the financial liability for any unsold securities. For instance, if a company intends to issue new shares to the public, they may engage an underwriter to facilitate the process. Under firm-commitment underwriting, the underwriter commits to buying all the shares from the company and subsequently reselling them to the public. This implies that the underwriter takes on the risk of being unable to sell all the shares and is accountable for any unsold shares. Conversely, best-efforts underwriting involves the underwriter directing the public sale of the securities but not guaranteeing the purchase of all the shares. Firm-commitment underwriting is typically utilised for larger offerings or companies with a higher risk of being unable to sell all their shares. It provides a secure source of funding for the company and minimizes their risk in the offering process.

Firm-Commitment Underwriting FAQ'S

Firm-commitment underwriting is a type of underwriting where the underwriter guarantees to purchase all the securities being offered by the issuer and assumes the risk of reselling them to investors.

In firm-commitment underwriting, the underwriter agrees to purchase the entire offering from the issuer at a predetermined price. The underwriter then resells the securities to investors at a higher price, making a profit.

Firm-commitment underwriting provides certainty to the issuer as they are guaranteed to sell all their securities. It also allows them to raise capital quickly and efficiently.

Underwriters benefit from firm-commitment underwriting by earning the difference between the purchase price from the issuer and the resale price to investors. It also allows them to build relationships with issuers and investors.

Yes, there are risks involved in firm-commitment underwriting. If the underwriter fails to resell the securities to investors, they may incur losses. Additionally, market conditions and investor demand can affect the resale price and profitability.

Underwriting fees in firm-commitment underwriting are typically a percentage of the offering size. The exact fee percentage is negotiated between the issuer and the underwriter.

Yes, an issuer can choose not to proceed with firm-commitment underwriting even after engaging an underwriter. However, they may still be liable to pay certain fees or expenses incurred by the underwriter during the underwriting process.

In firm-commitment underwriting, the underwriter guarantees to purchase all the securities from the issuer, while in best-efforts underwriting, the underwriter only agrees to use their best efforts to sell the securities but does not guarantee the purchase.

Yes, an underwriter can sell the securities at a higher price than the purchase price in firm-commitment underwriting. The difference between the purchase price and the resale price represents the underwriter’s profit.

Firm-commitment underwriting is subject to various legal requirements and regulations, including securities laws and regulations governing the offering and sale of securities. Underwriters must comply with these laws to ensure a fair and transparent underwriting process.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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