Reading 2: "Guidance" for Standards I - VII －L issues, knowledge, involving, integrity, class

cfaedu

Travis Brown is a partner in a money management firm. He recently attended a seminar and learned about a quantitative model presented by Dixon. Upon returning to his office, Brown began testing the model and making a few minor alterations. He showed the model to his partners who were impressed and decided to promote the model as proof of the firm's value added. In the firm's next newsletter, Brown included a discussion of the model, the results, and financial data on several stocks selected by the model. These factual data were taken from Standard and Poor's publication. According to the CFA Institute Standards of Professional Conduct, which of the following actions is Brown required to take?

A) Brown must credit both Dixon and S & P.

B) Brown must credit Dixon, no need to credit S & P.

C) Brown must credit S & P, no need to credit Dixon.

D) Brown need not credit either Dixon or S & P.

---

Answer and Explanation

The Standards require members to acknowledge the author of a model, but members are not required to acknowledge information from a recognized statistical and reporting service.

cfaedu

Which of the following statements about a member's use of client brokerage commissions is FALSE? Client brokerage commissions:

A) should be used by the member to ensure that fairness to the client is maintained.

B) may be used by the member to pay for securities research used in managing the client's portfolio.

C) should be commensurate with the value of the brokerage and research services received.

D) may be directed to pay for the investment manager's operating expenses.

---

Answer and Explanation

Brokerage commissions are the property of the client and may only be used for client benefit.

cfaedu

CFA Institute Area 1-2: Ethical and Professional Standards
Session 1: Code of Ethics and Professional Standards
Reading 2: "Guidance" for Standards I - VII
LOS a, b:

Demonstrate a thorough knowledge of the Code of Ethics and Standards of Professional Conduct by interpreting the Code and Standards in various situations involving issues of professional integrity.

Recommend practices and procedures designed to prevent violations of the Code of Ethics and Standards of Professional Conduct.

cfaedu

Steve Jones is a portfolio manager for Gregg Advisors. Gregg has developed a proprietary model that has been thoroughly researched and is known throughout the industry as the Gregg 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 researchan aspect that is well explained to clients, although the specific alterations are not continually disclosed. Portfolio managers then make specific sector and security holding decisions, purchasing only securities that are indicated as "buys" by the model. Jones thoroughly understands the model and uses it with all of his clients. Jones is:

A) violating the Standards in purchasing stocks without a thorough research basis and in not disclosing all alterations of the model to clients.

B) violating the Standards in purchasing stocks without a thorough research basis, but not in failing to disclose all alterations of the model to clients.

C) violating the Standards in not disclosing all alterations of the model to clients, but not in purchasing stocks without a thorough research basis.

D) not violating the Standards either in purchasing stocks without a thorough research basis or in not disclosing all alterations of the model to clients.

---

Answer and Explanation

Jones and Gregg are using reasonable judgment in not continually disclosing all of the alterations of the model. It is acceptable to use a pure quantitative model as a sole basis for purchasing stocks, as long as it is thoroughly researched.

cfaedu

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 researchan 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 managers investment decisions is TRUE?

A) Melfi is violating the Standards by using two investment processes that are in conflict with each other.

B) Melfi is violating the Standards by using a research process that she did not participate in developing.

C) There is no violation of the Standards.

D) Soprano is violating the Standards by not disclosing the fundamental research aspect of the investment process.

---

Answer and Explanation

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.

cfaedu

Scott LaRue is a portfolio manager for Washington Advisors. Washington has developed a proprietary model that has been thoroughly researched and is known throughout the industry as the Washington 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 researchan aspect that is well explained to clients, although the specific alterations are not continually disclosed. Portfolio managers then make specific sector and security holding decisions, purchasing only securities that are indicated as "buys" by the model. La Rue feels the model would be improved by adding some factors but he has not fully tested this new version of the model. LaRue discloses his model to his own clients but not to his supervisor. LaRue is:

A) violating the Standards by not considering the appropriateness of the recommendations to clients.

B) violating the Standards by not being objective.

C) violating the Standards by not having a reasonable and adequate basis for his investment recommendation.

D) not violating the Standards.

---

Answer and Explanation

The ad hoc model is not part of the formal research process and does not formulate an adequate basis for a recommendation.

cfaedu

Nancy Westfall is an individual investment advisor who uses mutual funds for her clients. She typically chooses funds from a list of 40 funds that she has thoroughly researched. The Craigs, a married couple that is a client, asked her to consider the Eligis fund for their portfolio. Westfall had not previously considered the fund because when she first conducted her research three years ago, Eligis was too small to be considered. However, the fund has now grown in value, and after doing thorough research on the fund, she finds the fund has suitable characteristics to be included in her acceptable list of funds. She puts the fund in the Craigs' portfolio but not in any of her other clients' portfolios. The fund ends up being the poorest performing fund in the Craigs' portfolio. Has Westfall violated any Standards? Westfall has:

A) violated the Standards by not having a reasonable and adequate basis for making the recommendation.

B) violated the Standards by not maintaining independence and objectivity.

C) violated the Standards by not dealing fairly with clients.

D) not violated the Standards.

---

Answer and Explanation

Because Westfall performed the same degree of research as she did for the other funds on her list, she provided a reasonable and adequate basis for her recommendation. There is no evidence that she did not maintain independence or objectivity. There is not enough information given about the Eligis fund and how it fits in with the other funds on Westfall's list to determine whether or not the standard on Fair Dealing was broken. It was the Craigs who wanted the Eligis fund and Westfall found it to be acceptable for them and thus added it to her list of acceptable funds. If the Eligis fund was found to possess unique characteristics that were not found in any of the other funds on Westfall's list and the Eligis fund was suitable for some of Westfall's other clients and Westfall hadn't added it to their portfolios after their periodic review then a violation of fair dealing would have occurred.

cfaedu

David Lynch is an individual investment advisor who uses mutual funds for his clients. He typically chooses funds from a list of 40 funds that he has thoroughly researched. The Palmers, a married couple that are a client, asked him to consider the Twin Peaks fund for their portfolio. Lynch had not previously considered the fund because when he first conducted his research three years ago, Twin Peaks was too small to be considered. However, the fund has now grown in value, and after doing thorough research on the fund, he finds the fund has suitable characteristics to be included in his acceptable list of funds. He puts the fund in the Palmers' portfolio but not in any of his other clients' portfolios. The fund ends up being the best performing fund of any of the funds on his list. Has Lynch violated any Standards? Lynch has:

A) violated the Standards by not disclosing conflicts to clients.

B) violated the Standards by not maintaining independence and objectivity.

C) violated the Standards by not dealing fairly with clients.

D) not violated the Standards.

---

Answer and Explanation

Prior to the discovery of the fund, Lynch did not put all of the same funds in all of his clients' portfolios, so there was no reason to do so now. The fund was among a list of other good funds. Lynch did not fail to maintain independence and objectivity, had no conflicts to disclose to clients, and did not deal unfairly with clients.

cfaedu

Patricia Hoolihan is an individual investment advisor who uses mutual funds for her clients. She typically chooses funds from a list of 40 funds that she has thoroughly researched. The Burns, a married couple that are a client, asked her to consider the Hawkeye fund for their portfolio. Hoolihan had not previously considered the fund because when she first conducted her research three years ago, Hawkeye was too small to be considered. However, the fund has now grown in value, and cursory research uncovers no fundamental flaws with the fund. She puts the fund in the Burns' portfolio but not in any of her other clients' portfolios. The fund ends up being the best performing fund on her list. Hoolihan has:

A) not violated the Standards.

B) violated the Standards by not maintaining independence and objectivity.

C) violated the Standards by not having a reasonable and adequate basis for making the recommendation.

D) violated the Standards by not dealing fairly with clients.

---

Answer and Explanation

Despite the fact the addition of the fund was successful, Hoolihan acted improperly in not conducting the same degree of research as she did for the other funds on her list.

cfaedu

Maggie McCarthy is an individual investment advisor who uses mutual funds for her clients. She typically chooses from a list of 40 funds that she has thoroughly researched. The Figgs, a married couple that are a client, asked her to consider the Boilermaker fund for their portfolio. McCarthy had not previously considered the fund because when she first conducted her research three years ago, Boilermaker was too small to be considered. However, the fund has now grown in value, and after doing thorough research on Boilermaker, she found the fund was by far the most outstanding large company value fund in her list of funds. She puts the fund in the Figgs' portfolio, and in all new clients portfolios, but not in any of her other clients' portfolios. Her reasoning is that her existing clients were comfortable with their current holdings, and she did not want to risk disturbing their comfort. Has McCarthy violated any Standards? McCarthy has:

A) not violated the Standards.

B) violated the Standards by not dealing fairly with clients.

C) violated the Standards by not maintaining independence and objectivity.

D) violated the Standards by not having a reasonable and adequate basis for making the recommendation.

---

Answer and Explanation

The fund should have been considered for the existing clients' portfolios. There may have been reasons not to add the fund to their portfolios, such as tax consequences or a lack of suitability, but disturbing their comfort is not sufficient.