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CFA InstituteCourse
Code of Ethics and Standards of Professional ConductPages
13
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2023
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CFA Level 2 - Ethical and Professional Standards Session 2 - Reading 5 (Practice Questions, Sample Questions) 1. Glenarm Case Study (Refer to CFA Institute Standards of Practice Casebookfor details.)Peter Sherman, CFA, has recently joined Glenarm Company after spending 5years at Pearl Investment Management. He is responsible for identifyingpotential Latin American investments. Previously, Sherman held jobs asconsultant for many Latin American companies and had plans to continue suchconsulting jobs without disclosing anything to Glenarm. After resigning, butbefore leaving his employment at Pearl, Sherman had encouraged Pearlcustomers to move their accounts to Glenarm. He contacted accounts Pearl hadbeen soliciting for business. He also contacted potential clients that Pearl hadrejected in the past as too small or incompatible with the firm's business.Furthermore, he convinced several of Pearl's clients and prospects to hireGlenarm after he joined the company. He also identified materials from Pearl totake with him, such as: sample marketing presentations he had preparedcomputer program models for stock selection research materials on companieshe had been following a list of companies recommended by Sherman forpotential investment, but which were rejected by Pearl news articles forpotential research ideas Upon Sherman's joining Glenarm, which of the following acts did NOT violatethe standards? A) He misappropriated news articles from his old employer. B) He did not give Glenarm a written statement disclosing his independentconsulting practice and details of activities that resulted in compensation sincethey had already been approved by Pearl-his previous employer. C) He allowed Glenarm to advertise the fact that they had hired a portfoliomanager who was a CFA charterholder. (Dissemination of Sherman's CFAcredentials as a portfolio manager is not a violation as long as StandardVII(B) is adhered to. Others are incorrect because: Independent consultingwithout employer's consent is a violation of Standard IV(B), Additional
Compensation Arrangements, Standard VI(A), Disclosure of Conflicts,Standard I(B), Independence and Objectivity, and Standard IV(A), Loyaltyto Employer. Misappropriation of employer property and soliciting Pearl’sclients while still employed are also violations of Standard IV(A), Loyaltyto Employer.) 2. Alpha Asset Management manages portfolios for clients with more than $10million in assets. Bob Smith, a portfolio manager at Alpha, is planning to leaveAlpha to set up company Beta Investment Management, to focus exclusively onclients with less than $10 million in assets. While he is still employed at Alpha,Smith begins to solicit (on his own time) potential clients with less than $10million in assets – clients that Alpha has previously rejected for being too small.According to the Standards of Professional Conduct IV(A) related to duties toemployer, Smith’s solicitation of these clients is: A) unacceptable as he may not engage in any activities to go into business whilehe is still employed by Alpha. B) unacceptable since the fact the Beta will not be in competition with Alpha isirrelevant. C) acceptable as he is not in competition with his current employer (It isacceptable for Smith to solicit clients for his new employer on his own timeas long as he is not in any way competing with his employer. StandardIV(A) prohibits only actions that have the potential to cause harm toSmith’s employer) 3. Glenarm Case Study (Refer to CFA Institute's Standards of PracticeCasebook for details.) Peter Sherman, CFA, has recently joined GlenarmCompany after spending 5 years at Pearl Investment Management. He isresponsible for identifying potential Latin American investments. Previously,Sherman held jobs as consultant for many Latin American companies and hadplans to continue such consulting jobs without disclosing anything to Glenarm.After resigning, but before leaving his employment at Pearl, Sherman hadencouraged Pearl customers to move their accounts to Glenarm. He contactedaccounts Pearl had been soliciting for business. He also contacted potentialclients that Pearl had rejected in the past as too small or incompatible with the
firm's business. Furthermore, he convinced several of Pearl's clients andprospects to hire Glenarm after he joined the company. He also identifiedmaterials from Pearl to take with him, such as:1.sample marketing presentations he had prepared2.computer program models for stock selection3.research materials on companies he had been following4.a list of companies recommended by Sherman for potential investment, butwhich were rejected by Pearl5.news articles for potential research ideasUnder the obligation to act in the best interest of the employer while still anemployee, Sherman's actions constitute the following violations except: A) solicitation of potential clients of Pearl--violation of Standard IV(A). B) leaving Pearl to join a possible competitor--violation of Standard IV(A),Loyalty to Employer. (There is no violation if the member joins acompetitor without compromising his duty to his previous employer.Others are incorrect because: Soliciting clients of Pearl, while in itsemployment, damaged Pearl's business, a clear violation of StandardIV(A); solicitation of potential clients is a violation for the same reason; it isa violation of Standard IV(A) to misappropriate employer's property whichresults in a damage to employer's business.) C) solicitation of clients while still employed by Pearl--violation of StandardIV(A). 4. Glenarm Case Study (Refer to CFA Institute Standards of Practice Casebookfor details.) Peter Sherman, CFA, has recently joined Glenarm Company afterspending 5 years at Pearl Investment Management. He is responsible foridentifying potential Latin American investments. Previously, Sherman heldjobs as a consultant for many Latin American companies and had plans tocontinue such consulting jobs without disclosing anything to Glenarm.After resigning, but before leaving his employment at Pearl, Sherman hadencouraged Pearl customers to move their accounts to Glenarm. He contactedaccounts Pearl had been soliciting for business. He also contacted potentialclients that Pearl had rejected in the past as too small or incompatible with thefirm's business. Furthermore, he convinced several of Pearl's clients and
prospects to hire Glenarm after he joined Glenarm. He also identified materialsfrom Pearl to take with him, such as:1.Sample marketing presentations he had prepared.2.Computer program models for stock selection.3.Research materials on companies he had been following.4.A list of companies recommended by Sherman for potential investment whichwere rejected by Pearl.5.News articles for potential research ideas.Which of the following statements concerning Sherman's actions is CORRECT? A) Sherman did not violate any Standard by taking away the news articles fromhis previous employer, Pearl, for potential research ideas. B) Sherman did not violate Standard IV(A) since members can engage inindependent consulting practice as long as their employer policy does notspecifically prohibit it. C) Sherman did not violate Standard IV(A) by soliciting clients that wererejected by Pearl either because they were too small or unsuitable as longas winning their business did not adversely affect Pearl.(Standard IV(A)addresses Loyalty to the Employer and depriving the employer of profitopportunities is a violation of this standard. Because Pearl had no interestin rejected clients and had turned their profit potential down already,soliciting them is not a violation.Taking away news articles and computer program models is a violation ofStandard IV(A) because Sherman took away employer property, whichcould be used by Pearl or Sherman's replacement. Engaging inindependent consulting practice is a violation IV(A) because Sherman notonly compromised his independence and objectivity, but also did not obtainexplicit written consent of his new employer, Standard IV(B), AdditionalCompensation Arrangements.) Sherman's attempt to lure away clients from Pearl while he was still employedat Pearl is: A) not a violation of Standard V(A) because it was conducted "after hours" onSherman's own time.
B) a violation of Standard IV(A) because it undermined Pearl's businessand its profit opportunities and caused damage to Pearl's business. (Anattempt, successful or not, to lure away existing clients of the currentemployer is a violation of Standard IV(A) as it causes damage to theemployer's business.Others are incorrect because: "After hours" solicitation is not an excuse ifit damages the employer's business; the fact that Pearl's clients wereagreeable does not absolve Sherman of Standard IV(A) violation; even ifPearl's clients would have followed Sherman to his new employer anyway,Sherman, by soliciting such clients, damaged his employer's business. Thefocus is on Sherman's actions.) C) not a violation of Standard IV(A) because they would have followedSherman to his new firm anyway, and no harm to Pearl was done as a result. 5. Jacques Claudel, a CFA Institute member, represents Vector Funds, aU.S.-based fund manager, in Canada. Although Vector Funds is properlylicensed to deal in all Canadian and U.S. securities, its primary objective is tosell United States funds to Canadian institutional investors seekingdiversification into the U.S. dollar. While it would be willing to do so ifrequested by its clients, Vector has not placed trades in Canadian securities sinceClaudel began working there two years ago. Prior to joining Vector's Canadian operations, Claudel was an independent assetmanager handling the funds of wealthy individuals and small institutions. Mostof these accounts remain under his management, under the business name Coupde Gras. Claudel is unclear as to whether his consulting work is in competitionwith his new employer, as the accounts under his management are investedstrictly in Canadian securities, while Vector has not traded Canadian securities.However, just to be on the safe side, he obtained written permission from Vectorto continue serving his former clients. His former clients were not notified. Claudel receives cash compensation for most of the accounts he handlesindependently, but for one he receives a new car for his personal use every twoyears, and for another he is compensated with a one-week, expenses-paidholiday in the European country of his choice.
As part of his responsibility, Claudel makes trades for some of his Canadianclients. He runs all of his trades through two brokers, Ace Equity Traders andthe Parlay Group. Ace offers some of the best research available on health-carestocks, but charges fairly hefty commissions. Parley has some of the cheapestcommissions in Toronto, but provides no research of value to Claudel. Vectorclaims compliance with the CFA Institute Soft Dollar Standards. Henri Bonnet, CFA, a friend of Claudel’s, works on the floor of the VancouverStock Exchange. He asks Claudel to establish an account for him at Coup deGras. Claudel learns that it is Bonnet's intention to manipulate the prices ofpenny stocks he trades on the exchange, and profit from the price movements inthe account at Coup de Gras. Claudel sets up the account, but advises Bonnetthat he "will have nothing to do" with the manipulation scheme beyond placingtrades as Bonnet directs. Claudel is currently pursuing a master's degree in financial economics in theevenings. During the interview with Vector and on his resume he indicated thathe "attended Victoria University," giving his estimated date of graduation. He isnot sure whether Vector understood that he did not have his master's degree.Which of the following statements about consulting work is CORRECT? A) In all cases the employee must receive the employer's written permissionprior to receiving additional compensation from parties other than the firm. Thisrequirement applies to both monetary and non-monetary compensation. B) In some circumstances the employee must receive the employer's writtenpermission prior to receiving additional compensation from parties otherthan the firm. This requirement applies to both monetary andnon-monetary compensation. (Standard IV(A): Loyalty to Employerrequires written permission from both the employer and the consultingcustomer if the work involves competition with the employer. An exampleof an instance not requiring permission would be if a CFA charterholderwho works for a broker wishes to write grants for a nonprofit foundation.In such case, he need not get permission, nor does he need to disclose thecompensation. This Standard applies for work that provides eithermonetary or nonmonetary compensation.)
C) In some circumstances the employee must receive the employer's writtenpermission prior to receiving additional compensation from parties other thanthe firm. This requirement applies to monetary compensation only. Should Claudel decide to terminate his relationship with Vector, which of thefollowing items can he NOT take with him? A) A list of consulting clients, with addresses and phone numbers. B) His Rolodex full of contacts in the brokerage and money-managementbusiness. C) A marketing presentation he developed for Vector, but uses primarily inhis side business.(Marketing presentations and any other materialsdeveloped for an employer belong to the employer, not the employee,according to Standard IV(A): Loyalty to Employer. The fact that Claudelwas already using the marketing presentation on his own in defiance of theStandard does not make it OK for him to take the presentation when heleaves. The rest of the items are Claudel’s personal property) Claudel's statement about his education background is: A) truthful, but not in accord with the Code and Standards. B) not truthful, and not in accord with the Code and Standards. C) truthful, and in accord with the Code and Standards. (Standard I(C)Misrepresentation states that "members shall not make any statements,orally or in writing, that misrepresent the member's academic orprofessional credentials." In this case, Claudel's statements are truthful,and are not a violation of the Standard. He could have been more clear, butwhat he said is undeniably correct. Whether Vector understood what hetold them is not his problem, as long as he was truthful and did not attemptto deceive them.) Which of the following statements is CORRECT?
A) Bonnet has violated Standard III(B): Fair Dealing, and Claudel has violatedStandard I(B): Independence and Objectivity. B) Bonnet has violated Standard IV(A): Loyalty to Employer, and Claudelhas violated Standard I(A): Knowledge of the Law. (Bonnet violated severalStandards, including IV(A) and II(B), by manipulating stock prices andprofiting from that manipulation at the expense of other purchasers.Standard IV(A) requires that employees not act to injure the firm ordeprive it of profits, and Bonnet’s personal trading and marketmanipulation crosses well over that line. However, Bonnet did not violateStandard II(A) Material Nonpublic Information because no nonpublicinformation was involved. Claudel violated Standard I(A) by contributingto Bonnet’s plans to break the law. Under the Code and Standards, Claudelcannot knowingly assist others who are violating the Standards or the law,even if he does not profit personally. While Claudel’s ethics are in question,nothing he did for Bonnet is likely to affect his independence, and he didnot violate Standard I(B) Independence and Objectivity.) C) Bonnet has violated Standard II(A): Material Nonpublic Information, andClaudel has not violated Standard III(A): Loyalty, Prudence, and Care. With regard to his consulting work, Claudel is: A) in competition with Vector because he advises individual investors, andnot in compliance with the Code and Standards.(Since Vector bothpossesses the capability and the willingness to trade in Canadian securities,Claudel’s activities clearly put him in competition with his employer. Hehas received permission from his employer to consult, but has not receivedpermission from his consulting clients to take a job. As such, Claudel is notin compliance with the Code and Standards, as they require writtenpermission from both parties.) B) in competition with Vector because he advises individual investors, and incompliance with the Code and Standards. C) not in competition with Vector because Vector doesn’t trade Canadiansecurities, and in compliance with the Code and Standards.
Assuming that both Ace Equity Traders and the Parlay Group offer bestexecution, Claudel: A) must disclose to clients whether client-directed brokerage will prevent himfrom getting the best execution. B) must direct all the trades for clients who do not wish to own health-carestocks to the Parlay Group. (The Standards require that purchasedbrokerage directly benefits the client. Clients who do not hold health-carestocks get no benefit from Ace’s research, so Claudel is obligated to sendtheir trades to the broker with the lowest transaction costs. Whiledisclosing the risks of client-directed brokerage is a good idea, it is onlyrecommended, not required, in the Soft Dollar Standards. Referrals canplay no part in the broker-selection process. The Standards require theinvestment manager to keep all the records required to demonstratecompliance with the Standards – the broker’s recordkeeping prowess is notrelevant. ) C) can select the broker that refers the most business back to him, as long as anyresearch purchased benefits the client whose account is being traded. 6. Jim Jones is an equity research analyst at Gamma funds. Because of hisexpertise in the telecommunications field, a Chinese telecommunicationsprovider hires Jones as a consultant to help them identify potential investors.According to the Standards of Professional Conduct IV(A) related to duties toemployer, Jones must: A) refuse this consulting arrangement. B) obtain verbal permission from his employer to engage in this consultingarrangement. C) describe to his employer in detail the activities related to this consultingarrangement. (According to the Standards of Professional Conduct, Jonesmust disclose to his employer all outside compensation arrangements,describe to his employer in detail the activities that give rise to outside
compensation, and obtain written permission from his employer inadvance) 7. Jacques Claudel, a CFA Institute member, represents Vector Funds, aU.S.-based fund manager, in Canada. Although Vector Funds is properlylicensed to deal in all Canadian and U.S. securities, its primary objective is tosell United States funds to Canadian institutional investors seekingdiversification into the U.S. dollar. While it would be willing to do so ifrequested by its clients, Vector has not placed trades in Canadian securities sinceClaudel began working there two years ago. Prior to joining Vector's Canadian operations, Claudel was an independent assetmanager handling the funds of wealthy individuals and small institutions. Mostof these accounts remain under his management, under the business name Coupde Gras. Claudel is unclear as to whether his consulting work is in competitionwith his new employer, as the accounts under his management are investedstrictly in Canadian securities, while Vector has not traded Canadian securities.However, just to be on the safe side, he obtained written permission from Vectorto continue serving his former clients. His former clients were not notified. Claudel receives cash compensation for most of the accounts he handlesindependently, but for one he receives a new car for his personal use every twoyears, and for another he is compensated with a one-week, expenses-paidholiday in the European country of his choice. As part of his responsibility, Claudel makes trades for some of his Canadianclients. He runs all of his trades through two brokers, Ace Equity Traders andthe Parlay Group. Ace offers some of the best research available on health-carestocks, but charges fairly hefty commissions. Parley has some of the cheapestcommissions in Toronto, but provides no research of value to Claudel. Vectorclaims compliance with the CFA Institute Soft Dollar Standards. Henri Bonnet, CFA, a friend of Claudel’s, works on the floor of the VancouverStock Exchange. He asks Claudel to establish an account for him at Coup deGras. Claudel learns that it is Bonnet's intention to manipulate the prices ofpenny stocks he trades on the exchange, and profit from the price movements inthe account at Coup de Gras. Claudel sets up the account, but advises Bonnet
that he "will have nothing to do" with the manipulation scheme beyond placingtrades as Bonnet directs. Claudel is currently pursuing a master's degree in financial economics in theevenings. During the interview with Vector and on his resume he indicated thathe "attended Victoria University," giving his estimated date of graduation. He isnot sure whether Vector understood that he did not have his master's degree.Which of the following statements about consulting work is CORRECT? A) In all cases the employee must receive the employer's written permissionprior to receiving additional compensation from parties other than the firm. Thisrequirement applies to both monetary and non-monetary compensation. B) In some circumstances the employee must receive the employer's writtenpermission prior to receiving additional compensation from parties otherthan the firm. This requirement applies to both monetary andnon-monetary compensation. (Standard IV(A): Loyalty to Employerrequires written permission from both the employer and the consultingcustomer if the work involves competition with the employer. An exampleof an instance not requiring permission would be if a CFA charterholderwho works for a broker wishes to write grants for a nonprofit foundation.In such case, he need not get permission, nor does he need to disclose thecompensation. This Standard applies for work that provides eithermonetary or nonmonetary compensation.) C) In some circumstances the employee must receive the employer's writtenpermission prior to receiving additional compensation from parties other thanthe firm. This requirement applies to monetary compensation only. Should Claudel decide to terminate his relationship with Vector, which of thefollowing items can he NOT take with him? A) A list of consulting clients, with addresses and phone numbers. B) His Rolodex full of contacts in the brokerage and money-managementbusiness.
C) A marketing presentation he developed for Vector, but uses primarily in hisside business. (Marketing presentations and any other materials developed foran employer belong to the employer, not the employee, according to StandardIV(A): Loyalty to Employer. The fact that Claudel was already using themarketing presentation on his own in defiance of the Standard does not make itOK for him to take the presentation when he leaves. The rest of the items areClaudel’s personal property.) Claudel's statement about his education background is: A) truthful, but not in accord with the Code and Standards. B) not truthful, and not in accord with the Code and Standards. C) truthful, and in accord with the Code and Standards.(Standard I(C)Misrepresentation states that "members shall not make any statements,orally or in writing, that misrepresent the member's academic orprofessional credentials." In this case, Claudel's statements are truthful,and are not a violation of the Standard. He could have been more clear, butwhat he said is undeniably correct. Whether Vector understood what hetold them is not his problem, as long as he was truthful and did not attemptto deceive them.) Which of the following statements is CORRECT? A) Bonnet has violated Standard III(B): Fair Dealing, and Claudel has violatedStandard I(B): Independence and Objectivity. B) Bonnet has violated Standard IV(A): Loyalty to Employer, and Claudelhas violated Standard I(A): Knowledge of the Law. (Bonnet violated severalStandards, including IV(A) and II(B), by manipulating stock prices andprofiting from that manipulation at the expense of other purchasers.Standard IV(A) requires that employees not act to injure the firm ordeprive it of profits, and Bonnet’s personal trading and marketmanipulation crosses well over that line. However, Bonnet did not violateStandard II(A) Material Nonpublic Information because no nonpublicinformation was involved. Claudel violated Standard I(A) by contributing
to Bonnet’s plans to break the law. Under the Code and Standards, Claudelcannot knowingly assist others who are violating the Standards or the law,even if he does not profit personally. While Claudel’s ethics are in question,nothing he did for Bonnet is likely to affect his independence, and he didnot violate Standard I(B) Independence and Objectivity.) C) Bonnet has violated Standard II(A): Material Nonpublic Information, andClaudel has not violated Standard III(A): Loyalty, Prudence, and Care. With regard to his consulting work, Claudel is: A) in competition with Vector because he advises individual investors, andnot in compliance with the Code and Standards. (Since Vector bothpossesses the capability and the willingness to trade in Canadian securities,Claudel’s activities clearly put him in competition with his employer. Hehas received permission from his e) B) in competition with Vector because he advises individual investors, and incompliance with the Code and Standards. C) not in competition with Vector because Vector doesn’t trade Canadiansecurities, and in compliance with the Code and Standards.
CFA Level 2 - Ethical and Professional Standards Reading 5
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