Business Ethics Flashcards
(28 cards)
Standards of professional conduct under professionalism ? (4)
- Knowledge of the Law
- Independence and Objectivity
- Misrepresentation
- Misconduct
Standards of professional conduct under integrity of capital markets ? (2)
- Material non-public information
- Market manipulation
Standards of professional conduct under duties to clients ? (5)
- loyalty, prudence and care
- fair dealing
- suitability
- performance presentation
- preservation of confidentiality
Standards of professional conduct under duties to employers? (3)
- loyalty
- additional compensation arrangements
- responsibilities of supervisors
Standards of professional conduct under investment analysis,recommendations and actions ? (3)
- diligence and reasonable biases
- communication with existing and prospective clients
- record retention
Standards of professional conduct under conflict of interest ? (3)
- disclosure of conflicts
- priority of transactions
-referral fees
Knowledge of the law
- Understand and comply with all CFA standards, government regulatory laws, etc.
- in the event of conflict the strictest law or regulation must be adhered to
- CFA Institute standards on minimum requirement even if the activity is otherwise legal
- may not knowingly assist others in violating laws
- if you discovered the violations of applicable rules are taking place by coworkers you have to report it
Independence and objectivity
- take reasonable care to maintain independence and objectivity
- may not offer, solicit or accept a gift ,compensation or offer which can compromise own or others independence and objectivity
- perception is key
Misrepresentation
- must not knowingly make any misrepresentation relating to investment analysis, recommendations, actions or other professional activities
- this includes omitting relevant information, presenting selective data to mislead investors and plagiarism
- plagiarism is using the work of others without crediting the source but crediting the source is not required when using projections from recognised financial and statistical reporting services
Misconduct
- must not engage in any professional conduct involving dishonesty, fraud or deceit
- must not commit any act that reflects adversely on their professional reputation, integrity or competence
- as such, a violation of the standard occurs whenever violation of another standard occurs as an ‘indirect violation’
Material non-public information
- those who possess material non-public information that could affect the value of an investment must not act or cause others to act on the information
- information is material if it’s disclosure would affect the price of a security or investors investment decision
- it is non-public and thought has been made available to the marketplace
- the mosaic theory states that reaching an investment conclusion through perceptive analysis of public information combined with non-public non-material information is not a violation of the standard
Market manipulation
- must not engage in practices that distort prices, mislead market participants or artificially inflated trading volumes
Loyalty prudence and care
- duty of loyalty, must act with reasonable care, and exercise prudent judgement
- must act for the benefits of their clients and place their clients interest before their own interest or their employers interest
Fair dealing
- deal fairly and objectively with all clients when providing
1. Investment recommendations and
2. Undertaking investment actions
Suitability
- in an advisory relationship with a client:
1. Investigate and understand a clients investment experience, knowledge, risk and return objectives, financial needs and constraints prior to making any investment recommendation or taking investment action
2. Reassess and update this information regularly
3. Determine if an investment is suitable to the clients needs, constraints,objectives and mandates before making an investment recommendation or taking investment action
4. Judge suitability of investment considering clients total portfolio - when managing a portfolio to a specific mandate, strategy or style:
Make only investment recommendations or take investment actions that are consistent with objectives ,constraints and mandate of the portfolio
Formulate investment policy statement for each client
Performance presentation
- the communication of investment results must be fair accurate and complete
- Do not misstate performance
-do not misrepresent past performance
-Do not selectively performance
-Do not imply ability to achieve similar returns to the past
Preservation of confidentiality
- keep information about current, former and perspective clients confidential unless
-Information contains illegal activities
-Disclosure is required by law
-The client or prospective client permits disclosure of the information
Loyalty
- must act for the benefits of employer and not deprive employer of their advantage of their skills and abilities, divulge confidential info or otherwise cause harm to the employer
Additional compensation arrangements
- must not accept benefits or compensation that competes with or creates a conflict of interest with their employers interest unless they obtain written permission from all parties involved
- compensation includes direct and indirect compensation from a client and other benefits received from third parties
- If a client offers a bonus that depends on the future performance of her account, this is an additional compensation arrangement that requires written consent in advance
-If a client offers a bonus to reward a member for her accounts past performance ,this is a gift that requires disclosure to the members employer to comply with the standard of independence and objectivity
Responsibilities of supervisors
- must take reasonable effort to ensure that anyone subject to their supervision or authority complies with applicable laws, rules, regulations and the code and standards
Diligence and reasonable care
- must exercise diligence, independence, and thoroughness in analysing investments, making recommendations, and taking actions
- must have a reasonable and adequate basis ( supported by appropriate research and investigation) for any investment analysis recommendation or action
Communication with existing and perspective customers
- disclose to clients the format and general principles of the investment processes used to analyse investments, select securities and construct portfolios
- promptly disclose any changes that might materially affect those processes
- distinguish between fact and opinion in the presentation of investment analysis and recommendation
Record retention
- develop and maintain appropriate records to support investment analysis, recommendations, actions and other investment related communications
Disclosure of conflicts
- must make full and fair disclosure of all matters that could reasonably be expected to impair independence and objectivity or interfere with respective duties to clients, prospective clients and employer
- must ensure that disclosures are prominent, delivering clear language and communicated effectively