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ARTICLE · 05 OCTOBER 2012

Conflicts Disclosure And Acknowledgments In MSRB Rule G-17 Disclosure Letters

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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At this point, it seems unlikely that individual underwriters will deviate very far from the SIFMA Model letter.

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Since August 2, 2012, investment banking firms retained to act as underwriters on municipal finance transactions have been required to provide written disclosure to issuers concerning the relationship between issuers and underwriters, possible conflicts of interest and certain other matters under Municipal Securities Rulemaking Board (MSRB) Rule G-17 (Rule G-17) and MSRB Notice 2012-25 (the "Interpretive Notice").  .  The Securities Industry and Financial Markets Association (SIFMA) has provided a model for such disclosure letters (the "SIFMA Model").

The following are some thoughts on the form of the SIFMA Model and on sample disclosure letters received to date by certain issuers represented by this firm:

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