Board logo

标题: Reading 2-III: Standards of Professional Conduct & Guida [打印本页]

作者: bmaggie    时间: 2010-4-1 11:43     标题: [2010]Session 1:-Reading 2-III: Standards of Professional Conduct & Guidance:

Session 1: Ethical and Professional Standards
Reading 2-III: Standards of Professional Conduct & Guidance: Duties to Clients and Prospective Clients

LOS C.: Suitability.

 

 

 

Millie Walker, CFA, established an aggressive growth portfolio for her client, Jesse Wilmer, over three years ago. Wilmer was placed on Walker’s employer’s client mailing list, and received monthly account statements and the firm’s newsletter, which regularly informed clients that they should contact their account representative with any change in their personal circumstances or investment objectives. As of January, of this year, Walker had not spoken to Wilmer nor received any correspondence from Wilmer since the account was established. Walker has:

A)
not violated the Code and Standards because Wilmer has been reminded regularly about the opportunity to inform Walker about any changes.
B)
not violated the Code and Standards because there has been regular correspondence from Walker's firm to Wilmer.
C)
violated the Code and Standards because the manager has not performed an update of Wilmer's financial situation and investment objectives.



 

Standard III(C) Suitability requires members to update a client’s financial situation and investment objectives regularly. Wilmer’s account has existed for more than three years, and an update is long overdue. Generally offering to do an update is not sufficient to comply with the Standard.


作者: bmaggie    时间: 2010-4-1 11:44

Stephen Rangen, a broker, has three accounts consisting of unsophisticated, inexperienced individual investors with limited means.  One of these accounts is an elderly couple.  The clients want to invest in safe, income-producing investments. They rely heavily on Rangen’s advice and expect him to initiate most transactions in their respective accounts. In managing their accounts, Rangen pursues the following strategies: (1) buys U.S. treasury strips and non-dividend paying over-the-counter (OTC) stocks recommended by his firm's research department, (2) uses margin accounts, and (3) concentrates the equity portion of their portfolio in one or two stocks.  Rangen’s approach leads to extremely high turnover rates in all three accounts.

Which of the following statements about Rangen is FALSE?

A)
Rangen's conduct violates Standard IV(B), Additional Compensation Arrangements.
B)
Rangen has a fiduciary duty to each client.
C)
Rangen's conduct violates Standard III(C), Suitability.



No information in the case suggests that Rangen’s conduct violates Standard IV(B), Disclosure of Additional Compensation Arrangements.


Which of the following statements about Rangen's conduct is TRUE? Rangen's conduct:

A)
meets the requirements of the Code and Standards because his firm's research department recommended the U.S. Treasury strips and non-dividend paying stocks.
B)
does not meet the requirements of the Code and Standards because his investment strategy is inconsistent with his clients' objectives.
C)
meets the requirements of the Code and Standards because his clients are aware of the risks that he is taking in managing their accounts.



Rangen's actions are inconsistent with Standard III(C), Suitability, because his investment actions are neither appropriate nor suitable for each client. Even if his clients were aware of the risks, the portfolios that he constructed are inconsistent with their financial needs. Because he is in a position to control the volume and frequency of transactions in their accounts, he has control over the accounts. Although Rangen relies upon recommendations from his firm’s research department, he cannot shift blame to his employer because he must follow recommendations that are in the best interests of his clients.


作者: bmaggie    时间: 2010-4-1 11:44

The O’Douls (husband and wife) have decided to work with Jane Mack, CFA, to have her recommend an investment portfolio for them. The O’Douls are novice investors and Mack has determined their asset allocation model falls into the conservative category. After researching various investment options for the O’Douls, Mack has made a recommendation that they divide their account on a 25%/75% basis between shares of a computer peripherals manufacturing company her brokerage firm is underwriting and investment grade corporate bonds. The O’Douls are not aware that Mack’s firm is underwriting an offering of the company in question. Which CFA Institute Standard(s) has Mack violated given her actions?

A)
Standard VI(A), Disclosure of Conflicts, and III(C), Suitability.
B)
Standard V(A), Diligence and Reasonable Basis, and I(D), Misconduct.
C)
Standard III(B), Fair Dealing, and III(A), Loyalty, Prudence, and Care.



Mack is obliged to disclose the conflict of interest regarding her company’s IPO and to consider both the appropriateness and the suitability of the investment for her client. She has apparently failed in both respects.


作者: bmaggie    时间: 2010-4-1 11:44

Carol Hull, CFA, is an investment advisor whose prospective client, Frank Peters, presents special requirements. To construct an investment policy statement for Peters, Hull inquires about Peters’ investment experience, risk and return objectives, and financial constraints. Peters states that he has a great deal of investment experience in the capital markets and does not wish to answer questions about his tolerance for risk or his other holdings. Under Standard III(C), Suitability, Hull:

A)
may accept Peters’ account but may only manage his portfolio to a benchmark or index.
B)
is permitted to manage Peters’ account without any knowledge of his risk preferences.
C)
must decline to enter into an advisory relationship with Peters.



Hull would not violate Standard III(C), Suitability, by managing Peters’ account without knowledge of his risk preferences. She made a reasonable inquiry into Peters’ investment experience, risk and return objectives, and financial constraints, as the Standard requires. If a client chooses not to provide some of this information, the member or candidate can only be responsible for assessing the suitability of investments based on the information the client does provide.


作者: bmaggie    时间: 2010-4-1 11:44

Karen Jackson is a portfolio manager for Super Selection.  Jackson is friendly with David James, president of AMD, a rapidly growing biotech company. James has provided Jackson with recommendations in the biotech industry, which she buys for her own portfolio before buying them for her clients. For three years, Jackson has also served on AMD's board of directors. She has received options and fees as compensation.

Recently, the board of AMD decided to raise capital by voting to issue shares to the public. This was attractive to board members (including Jackson) who wanted to exercise their stock options and sell their shares to get cash. When the demand for initial public offerings (IPO) diminished, just before AMD's public offering, James asked Jackson to commit to a large purchase of the offering for her portfolios. Jackson had previously determined that AMD was a questionable investment but agreed to reconsider at James' request. Her reevaluation confirmed the stock to be overpriced, but she nevertheless decided to purchase AMD for her clients' portfolios.

Did Jackson violate Standard III(C) concerning Portfolio Recommendations and Actions?

A)

Yes, she did not deal fairly with all clients.

B)

No.

C)

Yes, she did not consider the appropriateness and suitability of investment recommendations or actions for each portfolio or client.




Jackson violated Standard III(C) because she did not consider her clients' financial situation, investment experience, and investment objectives. If the stock is questionable and overpriced, it is not suitable for any of her clients.


作者: bmaggie    时间: 2010-4-1 11:45

According to CFA Institute Standards of Professional Conduct, when a client asks her portfolio manager to change the current investment strategy of the client’s portfolio, the manager should:

A)
explain the implications of the new strategy after the member manager implements the strategy.
B)
examine whether the strategy is appropriate for the client and explain the implications of the new strategy before implementing the strategy.
C)
obey the client's request without question.



According to Standard III(C), Suitability, the member manager must determine that an investment is suitable given the client’s objectives/constraints and within the context of the client’s total portfolio. In this case, the member manager must examine the new strategy to see if it is appropriate for the client, even if the client asked for the change. The member should also explain the implications of the strategy to avoid any misrepresentations that may result from omitting details.


作者: bmaggie    时间: 2010-4-1 11:45

Bob Hatfield, CFA, has his own money management firm with two clients. The accounts of the two clients are equal in value. One of the clients gets married and the assets of the new spouse and the client are combined. With the larger portfolio of the now married client, Hatfield determines that they can assume a higher level of risk and begins a change in the policy concerning that portfolio. Which of the following would violate Standard III(C), Suitability?

A)
Assess the return objectives of the newly married client and his spouse.
B)
Assess the time horizon of the newly married client and his spouse.
C)
Implement a similar policy for the other client who did not just get married.



According to Standard III(C), Suitability, the analyst must assess the time horizon, return objectives, tax considerations, and liquidity needs of a client before changing an investment policy. The analyst must notify the client of the new policy. Implementing the policy for the other client may be a violation of the Standard unless that client’s needs are totally reassessed and determined to be identical to the needs of the newly married client.


作者: bmaggie    时间: 2010-4-1 11:45

Janet Reilly has just approached Betty Miller, CFA, about purchasing 10,000 shares of Brookshire Co., a newly incorporated real estate development firm. Reilly is a retired schoolteacher living off the income from her late husband's life insurance policy. This investment will represent a significant shift in her investment portfolio. Brookshire Co. is a local firm that has recently received a lot of press concerning some exciting, but speculative projects that they have undertaken in the region. Consistent with the Standards, Miller should:

A)
not accept the order, because it is not a suitable investment for Reilly.
B)
accept Reilly's order after she acquaints Reilly with the downside risks associated with a risky investment of this type.
C)
accept Reilly's order, but have her sign a disclaimer absolving Miller of any potential losses.



Members are required to consider the appropriateness and suitability of investment actions for their clients. The needs and circumstances of the client, and the characteristics of the investment and the portfolio must be taken into account. If Reilly understands the risks of this investment and the rest of her portfolio is adequate for her income needs, Miller can proceed to make the investment.


作者: bmaggie    时间: 2010-4-1 11:46

What is the required frequency for updating information on each client’s financial situation, investment experiences, and investment objectives?

A)
Only during the first meeting with the client.
B)
Regularly.
C)
Every year.



Standard III(C) Suitability. Members shall make a reasonable inquiry into a client’s financial situation, investment experience, and investment objectives prior to making any investment recommendations and shall reassess and update this information regularly.


作者: bmaggie    时间: 2010-4-1 11:46

If an analyst has a policy of making an inquiry into a client’s financial situation, investment experience, and investment objectives regularly, this is:

A)
congruent with Standard III(C), Suitability.
B)
neither of these.
C)
a violation of Standard III(E), concerning client confidentiality.



Standard III(C) explicitly says that an analyst should make such inquiries and update information regularly. Client confidentiality is addressed in Standard III(E) but that is with respect to how the analyst treats the information once it is obtained.


作者: bmaggie    时间: 2010-4-1 11:47

An analyst thinks that a major change in the tax law will benefit holders of utility company stocks. She immediately begins calling all her clients and telling them of the upside potential of investing in such assets now. Based upon this information, this is most likely:

A)
a violation of Standard V(A), Diligence and Reasonable Basis.
B)
a violation of Standard III(C), Suitability.
C)
congruent with Standard V(A), Diligence and Reasonable Basis.



According to Standard III(C), the analyst needs to determine the suitability of an investment for each client. It is doubtful that all her clients are identical in their needs. According to the information, the analyst mentions the upside potential but does not mention the downside risk. Although the information says that she thinks that the change in the tax law will benefit holders of utility company stocks and says nothing of how she arrived at this conclusion, we do not know if she has or has not made her decision on a reasonable basis.


作者: bmaggie    时间: 2010-4-1 11:47

Bob Hatfield, CFA, has his own money management firm with two clients. The accounts of the two clients are equal in value. Hatfield has been trading on the clients’ behalf with a single brokerage firm for several years. Because of his many years of business, the brokerage firm occasionally gives Hatfield shares in an initial public offering (IPO) to sell to his clients. Hatfield has a policy of allocating the IPO shares equally between the portfolios of the two clients. This policy is:

A)
congruent with Standard III(C), Suitability.
B)
a violation of Standard III(B), Fair Dealing.
C)
a violation of Standard III(C), Suitability.



According to Standard III(C), the analyst must consider the appropriateness and suitability of an investment recommendation for each portfolio or client. Having a fixed policy of adding investments to portfolios without evaluating their suitability is a violation of Standard III(C). The action does not violate Standard III(B)



作者: bmaggie    时间: 2010-4-1 11:47

Kim Lee manages a variety of accounts at Superior Investments. Some are permitted to invest in tax-exempt issues only; others may not invest in a stock unless it pays dividends. Lee is researching a biotech firm specializing in the analysis of "mad cow" disease. While touring company facilities and meeting with management, she learns that they believe they may have found a way to reverse the disease. Moreover, one manager conjectured, "Suppose that we reversed the disease in someone who didn't even have it? We might then be able to boost that individual's IQ into the stratosphere!" Lee returns to her office and buys shares for all accounts under her supervision. This action is:

A)
appropriate given the obvious potential of the therapy.
B)
a violation of the Standard concerning appropriateness and suitability of investment actions.
C)
a violation of the Standard concerning fiduciary duties.



Given the variety of accounts under her supervision, it is not likely the shares of a speculative biotech firm would be suitable for all accounts. Placing such shares in all accounts indicates that she has failed to consider the appropriateness and suitability of the investment for each account, and this places her in violation of Standard III(C).


作者: bmaggie    时间: 2010-4-1 11:48

Procedures for compliance with Standard III(C), Suitability, include determining all of the following with respect to a client EXCEPT:

A)
liquidity needs.
B)
return objectives.
C)
social habits and interests.



The procedures for compliance with Standard III(C) include determining all of the aspects of a client’s investment objectives and constraints mentioned above, but do not include gathering information about the client’s social habits and interests.


作者: bmaggie    时间: 2010-4-1 11:48

A portfolio manager must determine the client’s constraints, which may include all of the following EXCEPT the client’s:

A)
tax considerations.
B)
mortgage payment.
C)
liquidity needs.



The mortgage payment per se is of interest to the portfolio manager only insofar as it affects the bigger picture issues such as liquidity needs, cash flow, etc.


作者: bmaggie    时间: 2010-4-1 11:49

Stephen Rangen, a former broker, had three accounts consisting of unsophisticated, inexperienced individual investors with limited means. One of these accounts was an elderly couple. The clients wanted to invest in safe, income-producing investments. They relied heavily on Rangen’s advice and expected him to initiate most transactions in their respective accounts. In managing their accounts, Rangen pursued the following strategies: (1) bought U.S. treasury strips and non-dividend paying over-the-counter stocks, (2) used margin accounts, and (3) concentrated the equity portion of their portfolios in one or two stocks. Rangen’s approach led to extremely high turnover rates in all three accounts. The Securities and Exchange Commission sanctioned Rangen for unsuitable recommendations and excessive trading in several accounts.

For this specific situation, which of the following is least likely to be an appropriate compliance procedure involving Standard III(C), Suitability? The broker should:

A)
develop an investment policy statement for each client.
B)
assess and document each client's risk tolerance.
C)
avoid using material nonpublic information received in confidence to benefit clients.



The prohibition against use of material nonpublic information refers to Standard II(A), not Standard III(C), Suitability.


For this specific situation, all of the following are appropriate compliance procedures involving Standard III(C), Suitability, EXCEPT:

A)
reviewing investment policy statements regularly.
B)
educating clients about selecting appropriate asset allocations and strategies.
C)
complying with any prohibitions on activities imposed by their employer if a conflict of interest exists.



Standard VI(A), Disclosure of Conflicts, refers to complying with any prohibitions on activities imposed by their employer if a conflict of interest exists and, therefore, is unrelated to Standard III(C).


For this specific situation, which of the following policy statements should be adopted to ensure that future violations of this kind do not occur?

A)
Before advising individual clients, managers should review the recommendations provided by the firm's research department. From this set of recommendations, they should select those securities that provide the expected highest return on investment. Managers should review the investor's portfolio at least monthly to see if existing securities should be replaced with those more recently recommended. Managers should turnover portfolios frequently and concentrate holdings within portfolios in order to achieve the highest possible returns for clients.
B)
Before making any recommendations or taking any investment actions, managers should formulate an investment policy for a client. They should consider the type and nature of the client and should obtain and analyze necessary information on the client's objectives (risk and return) and constraints. Managers should maintain and review regularly the investor's objectives and constraints to reflect any changes in the client's circumstances. Where appropriate, managers should properly diversify portfolios.
C)
When making recommendations or taking investment actions, managers should seek to minimize the client's portfolio risk. Managers should review the recommendations of the firm's research department to identify securities with low volatility. In making asset allocation recommendations or decisions for discretionary accounts, managers should weight the portfolios towards dividend-paying stocks and other income-producing assets such as bonds and mortgage REITS. Managers should review portfolios at least semi-annually.



Standard III(C) requires that members shall “make a reasonable inquiry into a client’s financial situation, investment experience, and investment objectives prior to making any investment recommendations and shall update this information regularly to allow the members to adjust their investment recommendations to reflect changed circumstances.” The other policy statements focus on maximizing returns or minimizing risk. These statements may be inconsistent with the needs and circumstances of each individual client.



作者: bmaggie    时间: 2010-4-1 11:50

The best way to determine the suitability of an investment is:

A)

to consider the financial situation, investment experience, and investment objectives of the client.

B)

based on portfolio performance results, presented as a weighted average, from the biggest financial companies.

C)

by administration of a specially designed survey of the client's opinions.




Although broad in scope, the best way to determine suitability is to consider the financial situation, investment experience and investment objectives of the client. Both of the other choices deviate from these essential issues.


作者: bmaggie    时间: 2010-4-1 11:50

A broker was sanctioned for unsuitable recommendations and excessive trading involving three accounts under his care. These clients were unsophisticated, inexperienced individual investors with limited means. According to CFA Institute Standard III(C), Suitability, which of the following is least likely to be considered a relevant factor in determining the appropriateness and suitability of investment recommendations or actions for each portfolio or client?

A)
Best interests of the investment professional.
B)
Basic characteristics of the total portfolio.
C)
Needs and circumstances of the portfolio or client.



Determining appropriateness and suitability focuses on the portfolio or client, not on the investment professional. Investment professionals should take particular care to ensure that their goals in selling products or executing security transactions do not conflict with the best interests of the client.


作者: zaestau    时间: 2010-5-6 03:26

c




欢迎光临 CFA论坛 (http://forum.theanalystspace.com/) Powered by Discuz! 7.2