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An underwriting agreement takes place between a syndicate of investment bankers who form an underwriting group and the issuing corporation of a new securities issue. The agreement ensures everyone involved understands their responsibility in the process.
In a bought deal, the underwriter purchases the entire IPO issue and then resells it to its clients, who may be primarily big institutional investors. The underwriter's compensation is the difference between the price the underwriter pays for the shares and the price it gets when it resells them.
An IPO is typically underwritten by one or more investment banks, who also arrange for the shares to be listed on one or more stock exchanges. Through this process, colloquially known as floating, or going public, a privately held company is transformed into a public company.
The underwriter takes the pulse of prospective buyers and then recommends an IPO price to the firm. This is the price at which the shares will be sold. An excessive price may leave the firm with unsold stock, while a price that is too low will mean forgone revenue from the stock sale.
There are a number of standard documents that lawyers must prepare for an initial public offering (IPO) of a company. The main document is the S-1 registration statement.