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Chuck Daniels has just been hired to manage a security analysis group for Aaron Asset Management. Daniels performed a similar function at another firm and finds the compliance system at Aaron inadequate. He develops a system that he feels is appropriate, but senior management tells him he will have to wait six months to implement the system. Daniels should:
A)
decline in writing to accept supervisory responsibility until a satisfactory compliance system is put into place.
B)
resign his position immediately.
C)
protest in writing the delay, listing the potential dangers that can occur.



According to the Standard on supervisory responsibilities, Daniels should decline in writing to accept supervisory responsibility until a satisfactory compliance system is put into place.

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June Carter passed Level III of the CFA examination in June but will not complete her work experience requirement until August of next year. Carter can state on her resume that she:
A)
will be a CFA charterholder in August of next year as long as she is on track to complete her work experience.
B)
is a CFA in waiting.
C)
passed Levels I, II, and III of the CFA examination.



A candidate cannot use any form of the CFA designation until receiving her charter.

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Kim Lee is a research analyst at Superior Investments and 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!" After returning to her office, Lee issues a research report describing the compound as an "IQ booster with huge potential." This statement:
A)
is reasonable given the information she was provided by the company.
B)
lacks a reasonable and adequate basis in fact.
C)
is allowable but only if quoted verbatim from her conversations with management.



Standard V(A) requires that a member have a "reasonable and adequate basis" before making an investment recommendation. Extrapolating on the basis of the conjecture of one member of the management team, without independent corroboration, is clearly in violation of this Standard. She is also in violation of Standard V(B) concerning the use of reasonable judgment regarding what is included or excluded in a communication with a client or prospective client.

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Jim Crockett is a portfolio manager for Miami Advisors and reports to Vicki Tubbs, the Chief Investment Officer. Miami has developed a proprietary model that has been thoroughly researched and is known throughout the industry as the Miami model. The model is purely quantitative and takes a given set of client characteristics and universe of potential securities and forms a portfolio for the investor. Individual portfolio managers are responsible for selecting securities to fit into the model based on recommendations from the firm's research department and the managers' own judgment. Because of the specific nature of the inputs to the model, each manager is responsible for applying the model on his or her own computer. The basic philosophy of the process is thoroughly explained to clients. Crockett does not understand the basics of the model, but feels that since it provides pure quantitative output, he does not need to understand it. However, he misapplies the model for several of his clients. In reviewing some of Crockett's portfolios, Tubbs finds the errors and points them out to Crockett. Which of the following statements regarding Tubbs and Crockett is CORRECT?
A)
Crockett has violated the Standards by not considering the appropriateness and suitability of the investment for his clients.
B)
Crockett has violated the Standards by not exercising diligence and thoroughness in making investment recommendations.
C)
Tubbs has violated the Standards by failing to supervise adequately.



Crockett had a responsibility to know the model well enough to detect the mistakes that could occur from misapplication, so he violated the Standard of diligence and reasonable basis.

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Judy Gonzales is a portfolio manager with Brenly Capital and works on Johnson Company's account. Brenly has a policy against accepting gifts over $25 from clients. The Johnson portfolio has a fantastic year, and in appreciation, the pension fund manager sent Gonzales a rare bottle of wine. Gonzales should:
A)
inform her supervisor in writing that she received additional compensation in the form of the wine.
B)
present the bottle of wine to her supervisor.
C)
return the bottle to the client explaining Brenly's policy.



By not returning the bottle she would be violating the Standard on disclosure of conflicts to the employer, which states that employees must comply with prohibitions imposed by their employer.

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In the course of reviewing the Corn Co., an analyst has received comments from management that, while not meaningful by themselves, when pieced together with data he has accumulated from outside sources, lead him to recommend placing Corn Co. on his firm's sell list. What should the analyst do?
A)
Show his report to his own manager and counsel for their review since this information has become material once it was combined with his analysis.
B)
The comments are non material and the report can be issued as long as he maintains a file of the facts as supplied by management.
C)
Not issue the report until the comments are publicly announced.



This is an example of the mosaic theory where separate pieces of nonmaterial information are pieced together to make an investment recommendation.

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Patricia Young is an individual investment advisor who uses a computer model to place her clients into an appropriate portfolio. The model uses a range of simulated portfolio returns and presents the probability of achieving clients' return goals. Investors then choose a portfolio that provides a satisfactory probability of achieving their minimum required returns. By using this process, Young is:
A)
violating the Standard on suitability.
B)
violating the Standard on misrepresenting the expected investment performance.
C)
not violating the Standards.



The Standard on suitability calls for Young to assess risk tolerance, which is ignored by her process.

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Member compliance on issues relating to corporate governance or to soft dollars is primarily addressed by the Standard concerning:
A)
Loyalty, Prudence, and Care.
B)
Disclosure of Referral Fees.
C)
Disclosure of Conflicts to Clients and Prospects.



Fiduciary duty on issues relating to corporate governance or to soft dollars is primarily addressed by Standard III(A), Loyalty, Prudence, and Care.

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Ken James has been an independent financial advisor for 15 years. He received his CFA Charter in 1993, but did not feel it helped his business, so he let his dues lapse this year. He still has several hundred business cards with the CFA designation printed on them. His promotional materials state that he received his CFA designation in 1993. James:
A)
must cease distributing the cards with the CFA designation, but can continue to use the existing promotional materials.
B)
can continue to use the existing promotional materials, and can use the cards until his supply runs out—his new cards cannot have the designation.
C)
must cease distributing the cards with the CFA designation and the existing promotional materials.


Use of the CFA designation must be stopped immediately, however, the receipt of the Charter is a matter of fact.

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Janice Melfi is a portfolio manager for Soprano Advisors. Soprano has developed a proprietary model that has been thoroughly researched and is known throughout the industry as the Soprano model. The model is purely quantitative and screens stocks into buy, hold, and sell categories. The basic philosophy of the model is thoroughly explained to clients. The director of research frequently alters the model based on rigorous research—an aspect that is well explained to clients, although the specific alterations are not continually disclosed. Portfolio managers use the model to assist them in making portfolio decisions, but, based on their own fundamental research, are allowed to purchase securities not recommended by the model. This fact is not disclosed to the clients, because the head of marketing does not think it is relevant. Which of the following statements regarding the portfolio manager’s investment decisions is CORRECT?
A)
Soprano is violating the Standards by not disclosing the fundamental research aspect of the investment process.
B)
There is no violation of the Standards.
C)
Melfi is violating the Standards by using two investment processes that are in conflict with each other.



Soprano is violating the Standard on portfolio investment recommendations and actions by excluding relevant factors of the investment process. The fundamental research aspect is highly relevant to the process and should be disclosed to clients. It is acceptable for Melfi to use two investment processes that may be in conflict with each other and to use a process that was not developed by her.

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