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


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.

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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)
require employees to write personal ethics statements.
C)
conduct background checks on potential employees to ensure that they are of good character and eligible to work in the investment industry.



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

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



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

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The CFA Institute Standards of Practice Handbook requires CFA Institute members to do all the following EXCEPT:
A)
to disclose in writing to the proper regulatory authority all observed violations of the securities laws and regulations.
B)
receive written permission from both their employer and outside clients to engage in investment consulting outside the firm.
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.

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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.

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



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.

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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)
constitutes professional misconduct as defined in the Code and Standards.
B)
is not a violation of 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.

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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.

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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)
purchases stock of a boycotted firm for the group's portfolio.
B)
performs either of the activities listed here.
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.

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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.

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