Reading 3: Ethics in Practice －LOS b, (Part 1) integrity, involving, issues

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CFA Institute Area 1-2: Ethical and Professional Standards
Session 2: Ethical and Professional Standards in Practice
Reading 3: Ethics in Practice
LOS b, (Part 1): Interpret the Code of Ethics and Standards of Professional Conduct in situations involving issues of professional integrity.

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Harold Klein, CFA, is an expert on ethical conduct in the investment banking industry and has been asked by an association of investment bankers to give a presentation on interpreting codes of ethics and standards of practice such as the CFA Institute Code of Ethics and Standards of Professional Conduct. In his presentation, Klein makes two key points:

1. Sound ethical judgment requires careful and thoughtful application of ethical standards which are precise and exacting in nature
2. An ethical professional must begin the ethical decision making process by determining the applicable code and standards that govern the situation.

Determine whether Kleins statements are correct or incorrect and state your conclusion.

Statement 1

Statement 2

A) Incorrect Correct

B) Correct Correct

C) Incorrect Incorrect

D) Correct Incorrect

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Answer and Explanation

Statement 1 is incorrect. Ethical standards and codes of conduct are not mathematically precise and exacting but are ambiguous and open to interpretation. This characteristic requires wisdom and a mature approach on the part of the professional. Statement 2 is correct. In deciding what course of action is ethically sound, a professional must first determine the applicable code and standards and assess their requirements in light of the circumstances.

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Tyler Hanson, CFA was recently hired as a portfolio manager at Newton Management Inc. Hanson is concerned about several ethically questionable situations that have presented themselves over the past few weeks, and has approached the firms compliance officer for counsel as to the best course of action to take in light of each situation. The compliance officer has offered several suggestions to assist Hanson in evaluating the situations that he detailed in their meeting. Which of the compliance officers following suggestions should Hanson NOT use in interpreting the Code and Standards to determine appropriate action?

A) Determine whether a fully informed client would likely view the chosen action favorably and if not, choose a different course of action.

B) Assess whether the chosen action would provide an immediate positive economic benefit to the firm and if not, choose a different course of action.

C) Assess whether the general public would perceive the firm more favorably if the situation were to be objectively reported in the media and if not, choose a different course of action.

D) Determine whether the chosen action conforms to the intent of the Code and Standards applicable to the situation and if not, choose a different course of action.

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Answer and Explanation

In order to interpret the CFA Institute Code of Ethics and Standards of Professional Conduct it is suggested that a particular course of action be assessed as to its conformance with the Code and Standards, whether a well informed client would view the action favorably, whether public knowledge of the situation enhances or damages the firms reputation, and whether the action is commendable and sets a good example for others. Determining that an action provides an immediate positive economic benefit to the firm does not necessarily promote ethical decision making as some actions that are deceptive or illegal would certainly provide a firm with an immediate economic benefit but would be unethical to pursue.

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Which of the following statements concerning the interpretation and application of the CFA Institute Code of Ethics and Standards of Professional Conduct is FALSE?

A) The Code of Ethics is a concise set of general principles that can be used to address questions as they arise, but as a practical matter, ethical decision making is needed to apply the Code to complicated situations.

B) Ethical reasoning is mathematically precise and the technical terms found in the Code of Standards and Standards of Professional Conduct are clear-cut and unambiguous.

C) Once the relevant sections of the Code of Ethics and Standards of Professional Conduct have been identified, the investment professional must determine if the course of action is consistent with the intent, whether the client would agree the action is the best alternative, and whether the firms reputation would be enhanced or compromised.

D) Ethical wisdom and training are required to apply the Code of Ethics and Standards of Professional Conduct to actual situations.

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Answer and Explanation

Ethical reasoning is not mathematically precise and the technical terms found in the Code and Standards are not necessarily unambiguous. All of the other statements are true.