ETHICS ANSWERS Part A Yes, Anderson must not divulge client information to anyone outside his firm unless required to do so by law or the client permits disclosure.. Candidate discussio
Trang 1ETHICS ANSWERS
Part A
Yes, Anderson must not divulge client information to anyone outside his firm unless required to
do so by law or the client permits disclosure This is a violation of the standard Duties to
Clients—Preservation of Confidentiality
Sample Scoring Key:
1 point for answering yes
2 points for the explanation
0 points if answered no
Candidate discussion: Anderson violated client-member confidentiality with Peterson This
break in confidentiality is a violation of Standard III(E) Duties to Clients—Preservation of Confidentiality which states, “Members and Candidates must keep information about current, former, and prospective clients confidential unless, (1) Disclosure is to fellow employees for client purposes, (2) disclosure is required by law, or (3) the client or prospective client permits disclosure of the information.”
Part B
No, Anderson did what is required by gathering and documenting pertinent client information Meetings and written forms are normal, as is working with confidential client information with other members of their firm
Sample Scoring Key:
1 point for answering no
2 points for the explanation
0 points if answered yes
Candidate discussion: There is no provision that would prohibit Anderson from gathering
information through the mail Nor is there a provision prohibiting appropriate employees of an investing management firm from working with confidential client information Anderson was meeting requirements of the Standards
Part C
Yes, Anderson did not tell Peterson that he owns shares of Brown Company which is a violation
of the Standard relating to Conflicts of Interest If advisers recommend assets they own, they must disclose the ownership to their clients
Sample Scoring Key:
1 point for answering yes
Trang 22 points for the explanation
0 points if answered no
Candidate discussion: By Anderson not telling Peterson that he owns shares of Brown
Company this is a violation of Standard VI(A) Conflicts of Interest—Disclosure of Conflicts Best practice is for advisers to avoid owning the same types of assets they recommend If they recommend assets they own, they must tell their clients about the ownership
Part D
Yes, the supervisor suggested how to break the law, which is a violation of the Standard relating
to Professionalism—Knowledge of the Law, which states that members must not knowingly participate or assist in a violation of the law
Sample Scoring Key:
1 point for answering yes
2 points for the explanation
0 points if answered no
Candidate discussion:
The supervisor was encouraging a violation of the law, thus violating the Code and Standards I(A) Professionalism—Knowledge of the Law, which states in part that members have violated the standard if they knowingly participate or assist in a violation of the law Anderson’s
supervisor assisted in a violation of the law by suggesting how best to break the law
Part E
Anderson is required by the Code and Standards to dissociate from the illegal or unethical
situation Other actions Anderson may need to take are: inform the firm's legal counsel and compliance department, report the violation to the appropriate government agency or regulatory agency if required to do so under applicable law
Sample Scoring Key:
1 point for Anderson to dissociate from the situation
2 points for other actions Anderson may need to take
Candidate discussion: Even though Anderson’s employer is not a member of CFA Institute,
Anderson is still required by the Code and Standards to at least dissociate from the situation Other actions Anderson may need to take, depending upon the severity of the unethical behavior, are: inform the firm's legal counsel and compliance department and report the violation to the appropriate government agency or regulatory agency if required to do so under applicable law Normally he would report the activities to his supervisor, but in this case, the supervisor is part
of the problem
Trang 3Part F
Yes, reporting to the authorities is premature If the activities are illegal, Anderson may need to report to the authorities, but not without seeking qualified advice
Sample Scoring Key:
1 point for answering yes
2 points for the explanation
0 points if answered no
Candidate discussion: This is an unusually complicated situation in which the requirement to
seek more qualified advice is critical Disclosing confidential information is a serious action The CFA readings are intended to make you realize that not all situations have simple, definitive, immediate resolutions They specifically explain that local law varies and may require reporting the activities to appropriate authorities or it may require maintaining client confidentiality To report without a clear understanding of the situation is a violation