Regulators Examine Analyst Ties in IPOs; Concern Resurfaces over Meetings With Companies Pursuing Offerings

August 12, 2013, 10:27 a.m. ET

Regulators Examine Analyst Ties in IPOs

Concern Resurfaces over Meetings With Companies Pursuing Offerings

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A securities regulator is looking into meetings between stock analysts and companies pursuing initial public offerings, according to a person familiar with the inquiry, discussions that have long generated concerns about conflicts or inappropriate financial pressure on analysts whose research can be followed by investors. The enforcement division of the Financial Industry Regulatory Authority sent information requests to a handful of securities firms, according to this person, who said the inquiry is ongoing.The focus is on pre-IPO meetings, the person said. At these meetings, analysts who work for banks meet with company executives who are interviewing the banks to potentially underwrite their public offerings.

The inquiry was reported Sunday by the New York Times.

At issue with analysts and IPOs is the independence of analysts’ stock research. A decade ago, 10 of the largest Wall Street investment banks struck an agreement with then-New York Attorney General Eliot Spitzer and other regulators requiring them to better separate their research and banking businesses.

Mr. Spitzer had alleged that some analysts hyped up dot-com companies going public although the analysts didn’t believe they were good investments. The banks didn’t admit or deny wrongdoing.

Under current securities rules, analysts and bankers must have separate discussions with potential banking clients. There are also provisions that limit linking analyst compensation to the performance of the banking business.

Companies often like to align with a bank whose analyst they believe will publish favorably on their shares after a public offering.

The Jumpstart Our Business Startups Act, or JOBS Act, made into law last year, carved out a limited exemption on analyst rules for so-called emerging growth companies, which have less than $1 billion in annual revenue and meet other criteria. The law allows analysts to attend pitch meetings attended by bankers for these companies.

The JOBS Act didn’t alter other restrictions, such as what analysts can say in those meetings, or on what bankers can discuss with analysts.

The information requests come as the IPO market in the U.S. is on track to be the busiest since 2007, with the market boosted by record levels on major U.S. stock indexes. So far this year, there have been 129 U.S.-listed company IPOs, versus 97 by this point last year, according to Dealogic.

Unknown's avatarAbout bambooinnovator
Kee Koon Boon (“KB”) is the co-founder and director of HERO Investment Management which provides specialized fund management and investment advisory services to the ARCHEA Asia HERO Innovators Fund (www.heroinnovator.com), the only Asian SMID-cap tech-focused fund in the industry. KB is an internationally featured investor rooted in the principles of value investing for over a decade as a fund manager and analyst in the Asian capital markets who started his career at a boutique hedge fund in Singapore where he was with the firm since 2002 and was also part of the core investment committee in significantly outperforming the index in the 10-year-plus-old flagship Asian fund. He was also the portfolio manager for Asia-Pacific equities at Korea’s largest mutual fund company. Prior to setting up the H.E.R.O. Innovators Fund, KB was the Chief Investment Officer & CEO of a Singapore Registered Fund Management Company (RFMC) where he is responsible for listed Asian equity investments. KB had taught accounting at the Singapore Management University (SMU) as a faculty member and also pioneered the 15-week course on Accounting Fraud in Asia as an official module at SMU. KB remains grateful and honored to be invited by Singapore’s financial regulator Monetary Authority of Singapore (MAS) to present to their top management team about implementing a world’s first fact-based forward-looking fraud detection framework to bring about benefits for the capital markets in Singapore and for the public and investment community. KB also served the community in sharing his insights in writing articles about value investing and corporate governance in the media that include Business Times, Straits Times, Jakarta Post, Manual of Ideas, Investopedia, TedXWallStreet. He had also presented in top investment, banking and finance conferences in America, Italy, Sydney, Cape Town, HK, China. He has trained CEOs, entrepreneurs, CFOs, management executives in business strategy & business model innovation in Singapore, HK and China.

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