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Reading 2-I: Standards of Professional Conduct & Guida

Q31. A CFA Institute member conscientiously maintains records of changes in security regulations. The member notices that his colleagues do NOT, and does NOT say anything. Is this a violation of Standard I(A)?

A)   Yes, and the member should disassociate from these colleagues.

B)   Yes, because the member is bound by the Code of Ethics.

C)   No, as long as the colleagues do not violate the new rules.

Q32. Benito Salvatore, CFA, is licensed in the established country of Oldworld but has clients and makes investments in the emerging county of Newworld. The regulations of Oldworld prohibit licensed investment professionals from taking gifts or gratuities in any amount from vendors or persons connected with potential investments. The laws of Newworld are silent on this issue. Unsolicited, Salvatore is offered a vase worth US $75 by a Newworld trust company and a bronze statue worth US $200 by a Newworld company that Salvatore is considering as a potential investment.

Salvatore is:

A)   permitted to accept both gifts.

B)   not permitted to accept either gift.

C)   permitted to accept the vase but not the statue.

Q33. Sometimes a CFA Institute member simply feels a law has been violated by his firm, and sometimes the member knows a law has been violated. Which of the following pairs of guidelines is CORRECT with respect to the first step a member should take in each case? The member should first contact:

A)   the firm's counsel if he feels a law has been violated and contact his supervisor if he knows a law has been violated.

B)   the firm's counsel if he feels a law has been violated and the SEC if he knows a law has been violated.

C)   his supervisor in the firm if he feels a law has been violated and contact the firm's counsel if he knows a law has been violated.

答案和详解如下:

Q31. A CFA Institute member conscientiously maintains records of changes in security regulations. The member notices that his colleagues do NOT, and does NOT say anything. Is this a violation of Standard I(A)?

A)   Yes, and the member should disassociate from these colleagues.

B)   Yes, because the member is bound by the Code of Ethics.

C)   No, as long as the colleagues do not violate the new rules.

Correct answer is B)

The last bullet point of the Code says that a member shall “Maintain and improve their professional competence and strive to maintain and improve the competence of other investment professionals.” Ignoring the neglect of rule changes of others would clearly be incongruent with this component. As long as the colleagues do not violate the laws, the member does not have to disassociate himself from the colleagues.

Q32. Benito Salvatore, CFA, is licensed in the established country of Oldworld but has clients and makes investments in the emerging county of Newworld. The regulations of Oldworld prohibit licensed investment professionals from taking gifts or gratuities in any amount from vendors or persons connected with potential investments. The laws of Newworld are silent on this issue. Unsolicited, Salvatore is offered a vase worth US $75 by a Newworld trust company and a bronze statue worth US $200 by a Newworld company that Salvatore is considering as a potential investment.

Salvatore is:

A)   permitted to accept both gifts.

B)   not permitted to accept either gift.

C)   permitted to accept the vase but not the statue.

Correct answer is B)

Under Standard I(A), Salvatore must, as a CFA charterholder, apply the CFA Institute Code and Standards or the controlling law, whichever is stricter. In this instance the stricter laws of Oldworld, where Salvatore is licensed, apply to prohibit the gifts, even though the gifts are offered in Newworld.

Q33. Sometimes a CFA Institute member simply feels a law has been violated by his firm, and sometimes the member knows a law has been violated. Which of the following pairs of guidelines is CORRECT with respect to the first step a member should take in each case? The member should first contact:

A)   the firm's counsel if he feels a law has been violated and contact his supervisor if he knows a law has been violated.

B)   the firm's counsel if he feels a law has been violated and the SEC if he knows a law has been violated.

C)   his supervisor in the firm if he feels a law has been violated and contact the firm's counsel if he knows a law has been violated.

Correct answer is A)

Standard I(A) says that when a member feels a law has been broken, the member should seek advice from the firm’s counsel. If the member feels the advice is unbiased and competent, the member should follow it. If the member knows a law has been violated, the member should contact a supervisor.

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