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标题: Reading 2-I: Standards of Professional Conduct & Guidance [打印本页]

作者: 土豆妮    时间: 2011-2-24 14:33     标题: [2011]Session 1-Reading 2-I: Standards of Professional Conduct & Guidance: Pr

Session 1: Ethical and Professional Standards
Reading 2-I: Standards of Professional Conduct & Guidance: Professionalism

LOS A.: Knowledge of the Law.

 

 

Which of the following statements about the responsibilities of CFA charterholders is CORRECT? CFA charterholders:

A)
must comply with the laws and rules governing their profession and must not engage in any individual behavior that reflects adversely on the entire profession.
B)
are only obligated to comply with securities laws in the U.S.
C)
need not comply with the laws and rules governing their profession or must not engage in any individual behavior that reflects adversely on the entire profession.


 

CFA charterholders must comply with the laws and rules governing their profession and must not engage in any individual behavior that reflects adversely on the entire profession. While they should act honorably and follow U.S. securities laws, they are obligated to more than that, as set forth in the Code and Standards.


作者: 土豆妮    时间: 2011-2-24 14:33

According to the CFA Institute Standards of Professional Conduct, Standard I(A), Knowledge of the Law, members shall not knowingly participate or assist in any violations of laws, rules, or regulations. An analyst:

A)
is held responsible for participating in illegal acts when the law is evident to anyone knowing the law and can participate in a violation by having knowledge of the violation and taking no action to stop it or disassociate from it.
B)
is held responsible for participating in illegal acts when the law is evident to anyone knowing the law and is held responsible for violations by others when the analyst is unaware of the facts giving rise to the violation.
C)
must report all legal violations to the proper regulatory commission and is held responsible for participating in illegal acts when the law is evident to anyone knowing the law.


If you suspect someone is planning or engaging in illegal activities, you should:

  1. Determine the legality of the activities. Consult your supervisor and legal counsel.
  2. Take appropriate action. Disassociate, attempt to persuade the perpetrator to stop. CFA Institute does not require you to report them to the authorities, but the law might.


作者: 土豆妮    时间: 2011-2-24 14:33

The SEC’s new stock-trading rule has just gone into effect. The SEC will give brokers a 10-day grace period, during which violators of the rule will be immediately notified and given a chance to remedy their situation to comply with the new rule. If a CFA Institute member unknowingly violates the rule and then remedies the situation within the 10-day grace period, has the member violated Standard I(A)?

A)
Yes, because the member did not maintain knowledge and know of the rule.
B)
No, because the member remedied the situation.
C)
No, because the member unknowingly broke the rule.


Standard I(A) explicitly says that a member shall maintain knowledge and comply with laws, rules, and regulations. By not knowing of the rule, the member broke the standard. If a CFA Institute member accidentally breaks a rule from a careless error and remedies the situation, this would not be a violation of Standard I(A).


作者: 土豆妮    时间: 2011-2-24 14:34

Lawrence Kelly is the Chief Investment Officer at a money management company that claims it is in compliance with CFA Institute Soft Dollar Standards. For the first time, the company has purchased securities in the country of Santa Rosa. He learns that under Santa Rosen law, one of the company's soft dollar policies is forbidden, yet to conform with the law, Lawrence would have to violate the Soft Dollar Standards, but not the Standards of Professional Conduct. Lawrence:

A)
must follow the Santa Rosen Law and cease claiming compliance with CFA Institute Soft Dollar Standards.
B)
should follow the Santa Rosen Law and can still claim compliance with CFA Institute Soft Dollar Standards.
C)
must follow the CFA Institute Soft Dollar Standards, informing the Santa Rosen regulators of his reasons.


In cases when the Soft Dollar Standards conflict with local law, managers should follow local law and are still in compliance with the Standards.


作者: 土豆妮    时间: 2011-2-24 14:34

Georgia Jones, CFA, is an analyst for Johnson, Thomas & Co. She also serves as an outside director for Dewey Manufacturing, Inc. In the course of her duties, she begins to believe that Dewey’s income statement for the most recent period may have been misstated. Georgia should do all of the following EXCEPT:

A)
consult with Dewey Manufacturing's legal counsel.
B)
inform the Securities and Exchange Commission.
C)
consult with Johnson, Thomas' legal counsel.


Jones must pursue her concerns about a possible misstatement, because, if material, it may be misleading to investors. Consistent with Standard I(A), Jones must not knowingly participate or assist in a regulatory violation. As long as her concerns exist, she must not validate any financial statements by voting to approve them. In addition she should seek competent legal counsel both at her own firm and at Dewey Manufacturing. She should not go to regulatory bodies until she has more certainty about the possible misstatement and has received counsel that she should proceed.


作者: 土豆妮    时间: 2011-2-24 14:35

A member who suspects that a colleague is violating the law should most appropriately:

A)
report the illegal activity to the appropriate regulatory agency.
B)
consult with the company counsel to determine if in fact a law is being violated.
C)
report the illegal activity to CFA Institute Professional Conduct Program for action.


Standard I(A), Knowledge of the Law, applies in this situation. According to this Standard, members shall not knowingly participate or assist in, and must dissociate from, any violation of laws, rules, or regulations.

When members suspect a client or a colleague of planning or engaging in ongoing illegal activities, members should take the following actions: 

Note:  The Code and Standards do not require that members report legal violations to the appropriate governmental or regulatory organizations, but such disclosure may be prudent in certain circumstances.


作者: 土豆妮    时间: 2011-2-24 14:35

Deloris Johnson, CFA, suspected that her intern, who was working without pay at her brokerage firm, had violated a federal securities regulation. Johnson discussed the matter with her company's legal counsel who said that the intern's conduct was illegal. According to the CFA Institute Code and Standards of Professional Conduct, Johnson can dissociate herself from this illegal activity by:

A)
transferring supervision of the intern to another person.
B)
telling her intern to stop such conduct.
C)
reporting the activity to the appropriate authorities.


Johnson can dissociate herself from the illegal activity by reporting the activity to the appropriate authorities. However, the Code and Standards do not require that she report legal violations to the appropriate governmental or regulatory organizations, but such disclose is prudent in this circumstance.

By transferring the intern to another supervisor this may not solve the problem of the illegal activity occurring and the company would still be held liable for it.


作者: 土豆妮    时间: 2011-2-24 14:36

CFA Institute believes:

A)
that a minimum level of professional responsibility and conduct dictates that members be aware of and comply with laws, rules, and regulations governing their conduct.
B)
that a maximum level of professional responsibility and conduct dictates that members be aware of and comply with laws, rules, and regulations governing their conduct.
C)
that firms should comply with all domestic laws and regulations and that these laws also govern behavior in foreign markets, regardless of foreign laws and requirements.


CFA Institute’s Code and Standards dictate a minimum level of conduct. Standards should not be based on ethics of upper management and the board of directors of a company. Firms must comply with the strictest applicable standards, whether they be foreign or domestic laws and regulations.


作者: 土豆妮    时间: 2011-2-24 14:36

Joan Platt, CFA, operates an investment advisory service in New York but maintains an office in Xania. Xania recently established a stock market, which is not very efficient. None of the Xanian stocks trade in the U.S. market. Xania legally permits the use of material inside information. Platt believes that using inside information would help her compete against other Xanian investment advisors and also help some of her Xanian clients reach their investment objectives. Platt is considering adopting local investment practices in Xania. According to CFA Institute Standards of Professional Conduct, Platt may:

A)
use material inside information because Xania legally permits this practice.
B)
not use material inside information.
C)
use material inside information, but only after notifying CFA Institute.


Because applicable law involving material inside information is less strict than the Code and Standards, Platt must adhere to the Code and Standards. Standard II(A) prohibits against use of material nonpublic information.


作者: 土豆妮    时间: 2011-2-24 14:36

Which of the following statements about the CFA Institute Code and Standards is most accurate? The Code and Standards:

A)
require members to persuade the perpetrator to cease illegal activities.
B)
prohibit members from accepting gifts that create a conflict with their employer's interest.
C)
do not require that members report legal violations to the appropriate governmental or regulatory organization.


The Code and Standards do not require members to report violations to legal authorities, but such disclosure may be prudent or required in certain circumstances. They do not require members to quit their jobs or to persuade violators to cease illegal activities. They do require that members report the activities to the appropriate person(s) in their own firm and disassociate themselves from the illegal actions. Members must obtain written permission to accept gifts that create a conflict with their employer's interest.


作者: 土豆妮    时间: 2011-2-24 14:37

Robe Advisory Services operates an office in San Francisco, where it manages portfolios for its clients based in the United States. The firm also maintains an office in Tokyo, where it employs Sam Lee, CFA who researches Japanese stocks. According to the CFA Institute Standards of Professional Conduct, Lee is required to maintain knowledge of and comply with all applicable laws, rules, and regulations in:

A)
both the U.S. and Japan, but not the CFA Institute Standards of Professional Conduct.
B)
both the U.S. and Japan and the CFA Institute Standards of Professional Conduct.
C)
Japan, but not the U.S., and the CFA Institute Standards of Professional Conduct.


To abide by the Standards, employees who work for foreign-based firms are required to apply the stricter of the foreign (here, U.S.) law, the domestic (here, Japanese) law, or CFA Institute standards.


作者: 土豆妮    时间: 2011-2-24 14:37

Which of the following is a CORRECT statement of a member's duty under the Code and Standards?

A)
In the absence of specific applicable law or other regulatory requirements, the Code and Standards govern the member's actions.
B)
A member who trades securities in a country with less strict laws, rules, regulations, or customs may follow those laws if he discloses this information to his client.
C)
A member is required to comply only with applicable local laws, rules, regulations, or customs even though the CFA Institute code and Standards may impose a higher degree of responsibility or a higher duty on the member.


Members are always, at a minimum, subject to the Code and Standards.


作者: 土豆妮    时间: 2011-2-24 14:37

Mega Securities, a multinational investment advisor based in the United States, employs the following analysts who practice in multiple jurisdictions.

According to the CFA Institute Code and Standards, which of the following statements about Black and White is CORRECT?

Black must adhere to the White must adhere to the

A)
law of Country L law of Country S
B)
Code and Standards law of Country S
C)
law of Country N law of Country L


Because the applicable law in Country L is less strict than the Code and Standards, Black must adhere to the Code and Standards. Because the applicable law is stricter than the Code and Standards, White must adhere to the more strict applicable law of Country S.


作者: 土豆妮    时间: 2011-2-24 14:37

Shortly after becoming employed by Valco & Co., an investment banking firm, Stan McDowell, CFA, learns that most of Valco's initial public offerings (IPO) are really effected in order to profit management via price manipulation of the shares. McDowell observes an illegal act, sanctioned by senior management, in progress and refuses to sign off on his responsibility. Instead, McDowell takes the documentation to his supervisor and tells him he should sign it in his place. This action is:

A)
a violation of the Code and Standards since he is required not to knowingly participate or assist in such an act.
B)
an overreaction. Senior management's sanctioning of the act absolves McDowell from his ordinary responsibility as a CFA Institute member.
C)
a suitable reaction, and he is in compliance with the Code and Standards.


McDowell, by his action in taking the documentation to his supervisor, is knowingly participating in and/or assisting in an illegal act. This is clearly prohibited under Standard I(A), and he is in violation of the Standard.


作者: 土豆妮    时间: 2011-2-24 14:37

If an analyst suspects a client or a colleague of planning or engaging in ongoing illegal activities, which of the statements about the actions that the analyst should take is most correct? According to the CFA Institute Standards of Professional Conduct, the analyst should:

A)
consult counsel to determine the legality of the activity and disassociate from any illegal or unethical activity if the member has reasonable grounds to believe that the activity is illegal or unethical.
B)
disassociate from any illegal or unethical activity if the member has reasonable grounds to believe that the activity is illegal or unethical.
C)
consult counsel to determine the legality of the activity.


According to the procedures for compliance involving Standard I(A), CFA Institute members should determine legality and disassociate from any illegal or unethical activity.


作者: 土豆妮    时间: 2011-2-24 14:38

The Standards of Professional Conduct explicitly outlines responsibilities to four groups. Which of the following is NOT a group mentioned in that list?

A)
The investing public.
B)
The profession.
C)
The Federal Reserve.


The Standards explicitly mention responsibilities to the profession, employers, clients, prospects, and the investing public. The Federal Reserve is not mentioned.


作者: 土豆妮    时间: 2011-2-24 14:38

Maria Valdes, CFA, is an analyst for Venture Investments in the country of Newamerica, which has laws prohibiting the acceptance of any gift from a vendor if the gift exceeds US $250. Valdes has evidence that her Venture Investments colleague, Ernesto Martinez, CFA, has been receiving gifts from vendors in excess of US $250.

Valdes is obligated to:

A)
disassociate herself from the activity, urge Venture to persuade Martinez to cease the activity, and inform CFA Institute of the violation.
B)
disassociate herself from the activity, and urge Venture to persuade Martinez to cease the activity.
C)
disassociate herself from the activity, urge Venture to persuade Martinez to cease the activity, and inform CFA Institute and regulatory authorities of the violation.


Standard I(A), Knowledge of the Law requires members who have knowledge of colleagues engaging in illegal activities to disassociate from the activity and urge their firms to persuade the individual to cease such activity. Reporting to regulatory authorities may be prudent in certain circumstances, but is not required. Reporting to CFA Institute is not required.


作者: 土豆妮    时间: 2011-2-24 14:38

John Martin, an analyst, discovers that Jurix Co. has knowingly misstated information in its prospectus. To comply with CFA Institute’s Code of Ethics and Standards of Professional Conduct, Martin's most appropriate course of action is to:

A)
call the appropriate regulatory agency and report the action.
B)
resign from his job in order to disassociate from the potentially illegal activity.
C)
report the finding to the appropriate supervisory person in his firm.


To comply with the Code and Standards, John should notify the appropriate supervisory person in his firm of the violation.


作者: 土豆妮    时间: 2011-2-24 14:38

John Martin, an analyst, discovers that Jurix Co. has knowingly misstated information in its prospectus. To comply with CFA Institute’s Code of Ethics and Standards of Professional Conduct, Martin's most appropriate course of action is to:

A)
call the appropriate regulatory agency and report the action.
B)
resign from his job in order to disassociate from the potentially illegal activity.
C)
report the finding to the appropriate supervisory person in his firm.


To comply with the Code and Standards, John should notify the appropriate supervisory person in his firm of the violation.


作者: 土豆妮    时间: 2011-2-24 14:39

Josh LeBlanc, a CFA charterholder, is an investment analyst for a small stock brokerage firm. He wants to acquire and maintain knowledge about applicable laws, rules, and regulations relating to his professional activities. According to the CFA Institute Standards of Professional Conduct, which of the following ways is least likely to meet compliance procedures?

A)
Review written compliance procedures on a regular basis.
B)
Keep informed about changes in applicable laws, rules, and regulations.
C)
Rely on past practices followed within his firm.


LeBlanc should follow the compliance procedures under Standard IA -- Knowledge of the law. Relying on his firm’s past practices may be insufficient for LeBlanc to stay current with changes in applicable laws, rules, and regulations.


作者: 土豆妮    时间: 2011-2-24 14:39

Janet Green, CFA, provides investment advice and other services to clients in several countries. She resides in Country A whose securities laws and regulations are less strict than the Code and Standards. She also conducts business with clients in Country B, which has no securities laws or regulations, and in Country C, which has securities laws and regulations that are stricter than the Code and Standards. Which of the following statements is CORRECT? According to CFA Institute Standards of Professional Conduct, Green must adhere to the Code and Standards in:

A)
Country A and Country B but the law in Country C.
B)
Country A, Country B, and Country C.
C)
Country A but the law in Country B and Country C.


Green needs to follow Standard I(A) -- Knowledge of the law. In Country A, Green must adhere to the Code and Standards because Country A’s laws are less strict. In Country B, Green must also adheres to the Code and Standards because Country B has no securities laws. Because Country C’s applicable law is stricter than the requirements of the Code and Standards, Green must adhere to the laws of Country C.


作者: 土豆妮    时间: 2011-2-24 14:40

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.


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.


作者: 土豆妮    时间: 2011-2-24 14:40

Jason Blackwell, CFA, works as an investment manager for Mega Capital, a large multinational brokerage firm. He resides in a country whose applicable law is stricter than the Code and Standards but does business with clients in a country whose applicable law is less strict than the Code and Standards. Blackwell decides to follow the Code and Standards for clients in the less strict country. While Blackwell is still employed at Mega, Lego Associates verbally asks Blackwell to review client portfolios during evenings and weekends for a fee. Blackwell gets written consent from his immediate supervisor at Mega to undertake this independent activity for a one-month trial basis.

Which of the following statements about Blackwell’s actions involving Standard I, Professionalism, and Standard IV(A), Loyalty is most accurate? Blackwell:

A)
violated both Standard I and Standard IV(A).
B)
violated Standard I but did not violate Standard IV(A).
C)
did not violate either Standard I or Standard IV(A).


Blackwell violated Standard I, Professionalism. Because the applicable laws in his resident county were stricter than the Code and Standards, he must adhere to the more strict applicable law.


作者: 土豆妮    时间: 2011-2-24 14:40

Bob Smith, CFA, is an outside board member of Atlantic Technologies, but is not paid by the firm for his services. An employee at Atlantic informs Smith that Atlantic has improperly timed the booking of contracts to achieve the desired quarterly financial results. The misleading financial statements would turn losses into profits. Smith confers with the firm's legal counsel who indicates that this conduct is, in fact, illegal. Smith urges Sharon White, Atlantic's chief operating executive, to change the financial statements, but she refuses to do so. According to CFA Institute Standards of Professional Conduct, which of the following statements best describes what Smith should do in this situation?

A)
Smith should immediately make CFA Institute aware of the situation at Atlantic.
B)
Smith should promptly disassociate himself from Atlantic's actions by resigning as a director or by reporting the activities to the appropriate authorities.
C)
Smith should wait until the next board meeting, which is scheduled in two weeks, to make other board members aware of the situation.


Smith should disassociate from any illegal activity by resigning as a director or by reporting the activities to appropriate authorities. Inaction combined with continuing association with Atlantic's illegal conduct may be construed as participation, or assistance, in the illegal conduct.


作者: 土豆妮    时间: 2011-2-24 14:40

A CFA Institute member is also a member and the portfolio manager of an environmentalist group. In its charter, the environmentalist group lists a group of companies its members should boycott. The CFA Institute member would violate Standard I(A) concerning obeying all rules and regulations if the member:

A)
performs either of the activities listed here.
B)
purchases stock of a boycotted firm for the group's portfolio.
C)
actively protests against a publicly traded firm boycotted by the group.


Standard I(A) says the member must be guided by all applicable rules and regulations of professional associations governing the member’s professional activities. Purchasing the stock for the firm would be a violation because it involves the member’s professional activities and the rules of a group to which the member belongs and works for. Actively protesting would not be covered by that standard.


作者: 土豆妮    时间: 2011-2-24 14:40

For an employee with the CFA designation who works for a firm, which of the following is NOT necessary to meet the requirements of the Code and Standards?

A)
It is recommended that their employer is aware of the Code and Standards.
B)
Recommend notifying their employer of their responsibility to follow the Code and Standards.
C)
Deliver a copy of the Code and Standards to their employer.


It is no longer required but recommended that CFA members and candidates notify their employer that they are required to follow the Code and Standards.


作者: 土豆妮    时间: 2011-2-24 14:41

A government committee has concluded that investment company fees should be disclosed to clients each quarter and has proposed new legislation to require this. Currently, the legal requirement is to report such data annually. In compliance with current legal requirements, Dolphin Investments discloses its fees annually. Eugene Shin, CFA, Dolphin's compliance officer, learns of the proposed changes but does not convert Dolphin's reporting to a quarterly basis. Shin's decision not to act:

A)
is not a violation of the Code and Standards.
B)
constitutes professional misconduct as defined in the Code and Standards.
C)
is a violation of his duty to employer as defined in the Code and Standards.


The potential change in the law is only a proposal at this stage. There is no violation as long as Dolphin is following the regulations currently in force.


作者: 土豆妮    时间: 2011-2-24 14:41

Allen Parsons, a CFA candidate, suspects a colleague at his firm of engaging in an illegal activity. Which of the following statements about procedures for compliance involving Standard I(A), Knowledge of the law is NOT correct? Parsons:

A)
should urge his firm to attempt to persuade the perpetrator to cease such conduct.
B)
should consult counsel to determine whether the conduct is, in fact, illegal.
C)
is required to report this legal violation to the appropriate governmental or regulatory organizations.


Standard I(A), Knowledge of the law, does not require that Parsons report legal violations to the appropriate governmental or regulatory organizations, but such disclosures may be appropriate under certain circumstances.


作者: 土豆妮    时间: 2011-2-24 14:41

Mary Kim practices in the economically advanced country of Oldasia as well as in the emerging market country of Newasia. By regulation, Oldasia prohibits licensed investment advisors from trading in securities ahead of their clients. Newasia has no laws or regulations in this area. According to the CFA Institute Standards of Professional Conduct, Kim may:

A)
not trade ahead of her clients in either country.
B)
trade ahead of her clients in Newasia only.
C)
trade simultaneously with her clients in Newasia only, as long as she has made full disclosure to her clients that she reserves the right to do this.


Under Standard I(A) Knowledge of the Law must apply the CFA Institute Code and Standards or the controlling law, whichever is stricter. Because Standard VI(B) Priority of Transactions requires members to put client trades ahead of their own transactions, Kim must follow the standard in the absence of governing law or where the law is less strict than the Standard.


作者: 土豆妮    时间: 2011-2-24 14:41

The CFA Institute Standards of Practice Handbook requires CFA Institute members to do all the following EXCEPT:

A)
receive written permission from both their employer and outside clients to engage in investment consulting outside the firm.
B)
to disclose in writing to the proper regulatory authority all observed violations of the securities laws and regulations.
C)
to inform employer, clients, and potential clients of benefits received for recommending products or services.


Members are not required to report violations of others to regulatory authorities, either verbally or in writing, but such reporting may be prudent.


作者: 土豆妮    时间: 2011-2-24 14:41

A CFA Institute member works for Secure Securities, Inc., and plays rugby on the firm’s rugby team. Secure Securities’ team recently played the team of a rival firm. During the game, a fight broke out and the CFA Institute member was the instigator, but no one was seriously hurt. Is this a violation of I(A) concerning maintaining knowledge and complying with laws, rules, and regulations?

A)
Yes, because the member is bound by the Code of Ethics.
B)
Yes, because the member could have hurt someone in the fight.
C)
No, because a fight at a rugby game is not a professional activity.


Standard I(A) covers members' professional activity only. Violations outside professional activity that involve fraud, theft or deceit would potentially be violations.


作者: 土豆妮    时间: 2011-2-24 14:42

CFA Institute members should encourage their employers to do all of the following EXCEPT:

A)
make clear that dishonest personal behavior reflects poorly on the profession.
B)
conduct background checks on potential employees to ensure that they are of good character and eligible to work in the investment industry.
C)
require employees to write personal ethics statements.


There is no reason to have employees write personal ethics statements. CFA Institute encourages all of the other actions.


作者: 土豆妮    时间: 2011-2-24 14:42

Bob Blanford, CFA, is an investment analyst for a large global brokerage firm. He recently moved to Ragatan, a developing country with few securities laws and regulations. As part of conducting a company analysis, Blanford interviews Ravi Shanti, vice-president of finance at Starr Industries. Starr is a major industrial firm in Ragatan and a client at Blanford’s firm. Based on his analysis, Blanford suspects that Shanti may have deliberately overstated Starr’s current earnings and its earnings for the past several quarters. If this information becomes public, Blanford believes that Starr’s stock price will drop substantially. Blanford suspects that Shanti may have violated Ragatan’s securities laws. Which of the following statements is least likely to comply with Standard I, Professionalism? Blanford should:

A)
determine the legality of the activity, possibly by consulting counsel.
B)
disassociate himself from the client, if the activity is illegal or unethical.
C)
take no action.


Because Blanford suspects Shanti of engaging in ongoing illegal activities, Blanford should take action by determining the legality of the suspected action, disassociating from any illegal activity, and urging his firm to attempt to persuade Shanti to cease such conduct if such an activity is illegal or unethical.


作者: 土豆妮    时间: 2011-2-24 14:42

Jane Dawson, CFA, an analyst at a New York brokerage firm, suspects that Bob Boatman, CFA, another analyst at the same firm, has violated a state securities law. According to the CFA Institute Standards of Professional Conduct, Dawson is:

A)
required to report the suspected violation to CFA Institute.
B)
NOT required to report the violation to the appropriate governmental or regulatory organizations.
C)
required to report the suspected violation to the appropriate state regulatory agency.


The Code and Standards do not require that members report legal violations to the appropriate governmental or regulatory organizations, but such disclosure may be prudent in certain circumstances. Dawson should consult legal counsel and disassociate from the activity.


作者: 土豆妮    时间: 2011-2-24 14:42

Mary White, CFA, sits on the board of directors of XYZ Manufacturing, Inc. She discovers that management has knowingly participated in an activity she knows is illegal. According to the CFA Institute Standards of Professional Conduct, White is required to:

A)
disassociate herself from the activity.
B)
seek legal advice to determine what actions should be taken.
C)
both of these choices are correct.


Standard I(A), Knowledge of the Law. Prohibition against knowingly practicing or assisting in violation of laws, rules, and regulations. If White knows that someone has engaged in a possible illegal activity, she should: (1) report the finding to the appropriate supervisory person at her firm, (2) if the situation is not remedied, disassociate herself from the situation, and (3) seek legal advice to see what other actions, such as notifying the proper regulatory agency, should be taken


作者: 土豆妮    时间: 2011-2-24 14:43

What is the rule of thumb for members, CFA charterholders and candidates in the CFA program when weighing the requirements of the CFA Institute Code and Standards and the requirements of local laws? If the applicable laws are:

A)
less strict, they should make a judgment call on which to follow, the Code and Standards or the local laws and requirements.
B)
more strict, they must still follow the Code and Standards.
C)
more strict, they must adhere to the applicable laws.


The rule of thumb for members, CFA charterholders and candidates in the CFA program requires that they adhere to the applicable laws if the applicable laws are more strict than the requirements of the Code and Standards. If there are no laws or the laws are less strict, they must adhere to the Code and Standards.


作者: 土豆妮    时间: 2011-2-24 14:43

Benito Salvatore, CFA, is licensed in the established country of Oldworld but has clients and makes investments in the emerging country 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)
permitted to accept the vase but not the statue.
C)
not permitted to accept either gift.


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.


作者: 土豆妮    时间: 2011-2-24 14:43

Don Roberts, a CFA Institute member, resides in Country L, where the securities laws and regulations are less strict than the CFA Institute Code and Standards. Roberts also does business in Country N, which has no securities laws or regulations. Thus, Country N has no laws prohibiting the use of material nonpublic information. Roberts has clients in both Country L and N. Country L's law states that the law of the locality where business is conducted governs. According to CFA Institute Standards of Professional Conduct about the use of material nonpublic information, Roberts may:

A)
take investment action based on this information for clients in both Country N and Country L and for himself.
B)
not take investment action on the basis of this information.
C)
take investment action based on this information only for his clients in Country N but not for his clients in Country L or himself.


Because applicable law states that the law of the locality where the business is conducted governs and local law is less strict than the Code and Standards, the member must adhere to the Code and Standards. Standard II(A) prohibits the use of material nonpublic information.


作者: 土豆妮    时间: 2011-2-24 14:43

Michael Bellow, CFA, CAIA, is an investment banker who is involved with an initial public offering (IPO) of NewCo. Because this is Bellow’s first involvement in an IPO, he reports to an experienced supervisor. While reviewing past financial statements provided by NewCo, Bellow suspects that NewCo deliberately overstated its earnings for the past several quarters. Bellow seeks the advice of his firm’s highly competent general counsel and follows the advice given without deviation. Based on the general counsel’s advice, Bellow consults his immediate supervisor about the suspected overstatement of earnings. After reviewing the situation, Bellow’s supervisor explains why NewCo’s calculations of its earnings are correct. Bellow realizes that his inexperience and exuberance initially led him to an incorrect conclusion about NewCo’s earnings.

Which of the following statements about Bellow’s actions involving Standard I(A), Knowledge of the law, and Standard I(C), Misrepresentation, is CORRECT? Bellow:

A)
did not violate either Standard I(A) or Standard I(C).
B)
violated both Standard I(A) and Standard I(C).
C)
violated Standard I(A) but did not violate Standard I(C).


Bellow did not violate Standard I(A), Knowledge of the law, because he sought advice of counsel and followed that advice. Bellow did not violate Standard I(C), Misrepresentation, because he made reasonable and diligent efforts to ensure the accuracy of the information and to avoid any material representation.


作者: 土豆妮    时间: 2011-2-24 14:43

Nicholas Brynne, CFA, is a fixed-income analyst who trades in mortgage-backed securities (MBS). The MBS industry has seen sweeping regulatory changes since Brynne took his current position, and he now feels his understanding of applicable laws and regulatory standards is dated. Brynne must:

A)
update his understanding of applicable laws and regulatory standards relating to his position.
B)
have all trades reviewed by his compliance department until he has obtained an expert level of knowledge in compliance.
C)
rely on his firm’s policies and procedures for guidance on legal and regulatory standards.


See Standard I(A) "Knowledge of the Law." Brynne should update his understanding of applicable laws and regulatory standards relating to his position, although he is not required to be an expert in compliance. Relying only on firm policies and procedures is not sufficient.






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