Book 1 L 1: Ethics _ GIPS Flashcards
CFA Institute Professional Conduct Program
- Covered by the CFA Institute Bylaws and the Rules of Procedure for Proceedings Related to Professional Conduct.
- Based on the principles of fairness of the process to members and candidates and maintaining the confidentiality of the proceedings.
The Disciplinary Review Committee of the CFA Institute Board of Governors
Has overall responsibility for the Professional Conduct Proram and enforcement of the Code of Standards.
The CFA Institute Professional Conduct Staff
Conducts inquiries related to professional conduct.
Circumstances that can prompt an inquiry by the CFA Institute Professional Conduct Staff.
- Self-disclosure
- Written complaints about a member or candidate
- Evidence of misconduct received throuh public sources (media / broadcast)
- A report by a CFA exam proctor
- Analysis of exam materials and monitoring of social media by CFA Institute
Once an inuquiry has begun, the Professional Conduct Staff may:
Request (in writing) an explation from the subject member or candidate and may:
- Interview the member or candidate
- Interview the camplainant or other third party
- Collect documentation and recrods relevant tot he investigation.
After an investigation into an inquiry,
the Professional Conduct Staff may decide to:
- That no disciplinary sanctions are appropriate
- To issue a cautionary letter
- To discipline the member or candidate
If a disciplinary sanction is proposed by a the Professional Conduct Staff the member or candidate may
- Accept or reject tehe sanction
- If they reject the sanction, the matter will be referred to a disciplinary review panel of CFA Institute members for a hearing.
What may Disciplinary Sanctions include?
- Condemnation by the members’ peers
- Suspension of candidates continued participation in the CFA program
CFA Code of Ethics
- Act with integrity, competence, diligence, respect, and in an ethical manner with the public, clients, prospective clients, employers, employees, colleagues in the investment profession and other participants in the global capital markets.
- Place the integrity of the investment profession and the interests of clients above their own personal interests.
- Use reasonable care and exercise independent professional judgement when conducting investment analysis, making investment recommendations, taking investment actions and engaging in other professional activities.
- Practice and encourage others to practice in a professional and ethical manner that will reflect credit on themselves and the profession.
- Promote the integrity and viability of the global capital markets for the ultimate benefit of society.
- Maintain and improve their professional competence and strive to maintain and improve the competence of other investment professionals.
Code of Ethics
- Act with integrity, competence, diligence, respect and in an ethical manner (with everyone)
- Place the integrity of the investment profession and the needs of clients above their own.
- Use reasonable care and exercise independent professional judgement
- Practice and encourage others to practice in a professional and ethical manner
- Promote the integrity and viability of the global capital markets
- Maintain and improve professional competence (their own and others)
The Standards of Professional Conduct
I. Professionalism
II. Integrity of Capital Markets
III. Duties to Clients
IV. Duties to Employers
V. Investment Analysis, Recommendations, and Actions
VI. Conflicts of Interest
VII: Responsibilities as a CFA Institute Member or CFA Candidate
Standards of Professional Conduct
Professionalism
A. Knowledge of the Law
B. Independence and Objectivity
C. Misrepresentation
D. Misconduct
Standards of Professional Conduct
Integrity of Capital Markets
A. Material Nonpublic Information
B. Market Manipulation
Standards of Professional Conduct
Duties to Clients
A. Loyalty, Prudence and Care
B. Fair Dealing
C. Suitability
D. Performance Presentation
E. Preservation of Confidentiality
Standards of Professional Conduct
Duties to Employers
A. Loyalty
B. Additional Compensation Arrangements
C. Responsibilities of Supervisors
Standards of Professional Conduct
Investment Analysis, Recommendations, and Actions
A. Dilience and Reasonable Basis
B. Communication with Clients and Prospective Clients
C. Record Retention
Standards of Professional Conduct
Conflicts of Interest
A. Disclosure of Conflicts
B. Priority of Transactions
C. Referral Fees
Standards of Professional Conduct
Responsibilities As a CFA Institute Member or CFA Candidate
A. Conduct as Participants in CFA Institute Prorams
B. Reference to CFA Insitute, the CFA Desination and The CFA Program.
Standards of Professional Conduct - Profressionalism
Knowledge of the Law
- Must understand and comply with all applicable laws, rules and regulations (including CFA) of any government, regulatory organization, licensing agency, or professional association
- In the event of conflict, comply with the more strict law, rule or regulation.
- Must not knowingly participate or assist in any violation and must disassociate themselves from violations.
Standards of Professional Conduct - Profressionalism
Independence and Objectivity
- Must use reasonable care and judgement to achieve and maintain independence and objectivity in their professional activities.
- Must not offer, solicit, or accept any gift , benefit, compensation or consideration that reasonably could be expected to compromise their own or another’s independence and objectivity.
Standards of Professional Conduct - Profressionalism
Misrepresentation
- Must not knowingly make any misrepresentations relating to investment analysis, recommendations, actions, or other professional activities.
Standards of Professional Conduct - Profressionalism
Misconduct
- Must not engage in any professional conduct involving dishonesty, fraud or deceit
- Must not commit any act that reflects adversely on their professional reputation, integrity, or competence.
Standards of Professional Conduct - Integrity of Capital Markets
Material Non-Public Information
- Must not act or cause others to act on material nonpublic information that could affect the value of an investment.
Standards of Professional Conduct - Integrity of Capital Markets
Market Manipulation
- Must not engage in practices that distort prices or artificially inflate trading volume with the intent to mislead market participation.
Standards of Professional Conduct - Duties to Clients
Loyalty, Prudence, and Care
- Have a duty of loyalty to their clients
- Must act with reasonable care and exercise prudent judgement
- Must act for the benefit of their clients and place their clients’ interests before their employer’s or their own interests.
Standards of Professional Conduct - Duties to Clients
Fair Dealing
- Must deal fairly and objectively with all clients when providing investment analysis, making investment recommendations, taking investment action or engaging in other professional activities.
Standards of Professional Conduct - Duties to Clients
Suitability
- When in an advisory relationship with a client they must:
- make a reasonable inquiry into the client’s investment experience, risk and return objectives, and financial constraints prior to making a recommendation or taking action and must update this information regularly.
- Determine if an investment is suitable to the clients finaical situation and is consistent with their written objectives
- Judge the suitability of an investmetn in the context of the client’s overall portoflio
- When responsible for managing a portoflio to a specific mandate, strategy or style they must:
- only make recommendations or take action consistent with stated objectives and contstraints.
Standards of Professional Conduct - Duties to Clients
Performance Presentations
- Must make reasonable efforts to ensure that it is fair, accurate and complete.
Standards of Professional Conduct - Duties to Clients
Preservation of Confidentiality
Must keep information about current, former and prospective clients confidential unless:
- The information concerns illegal activities on the part of the client or prospective client
- Disclosure is required by law
- The client permits it
Standards of Professional Conduct - Duties to Employers
Loyalty
- Must act for the benefit of their employer
- Must not deprive their employer of the advantage of their skills and abilities
- Must not divulge confidential information
- Must not otherwise cause harm to their employer
Standards of Professional Conduct - Duties to Employers
Additional Compensation Arrangements
- Must not accept gifts, benefits, compensation or consideration that competes with , or might reasonably be expected to create a conflict of interest with their employer’s interest unless they obtain written consent from all parties involved.
Standards of Professional Conduct - Duties to Employers
Responsibilities of Supervisors
- Must make reasonable efforts to ensure that anyone subject to their supervision or authority complies with applicable laws, rules regulations and the Code and Standards.
Standards of Professional Conduct - Investment Analysis, Recommendations, and Actions
Diligence and Reasonable Basis
- Must exercise diligence, independence, and thoroughness in analyzing investments, making investment recommendations, and taking investment actions.
- Must have a reasonable and adequate basis, supported by appropriate research and investigation, for an investment analysis, recommendations or action.
Standards of Professional Conduct - Investment Analysis, Recommendations, and Actions
Communication wiht Cilents and Prospective Clients
- Must disclose the basic format and general principles of the investment processes used to analyze investments, select securities and construct portfolios and must promptly disclose any material changes.
- Must disclose significant limitations and risks associated with the investment process.
- Use reasonable judgement in identifying which factors are important to their investment analysis, recommendation or actions and include those factors in communications
- Distinguish between fact and opinion
Standards of Professional Conduct - Investment Analysis, Recommendations, and Actions
Record Retention
- Must develop and maintain appropriate records to support their investment analysis, recommendations and actions
Standards of Professional Conduct - Conflicts of Interest
Disclosure of Conflicts
- Must make full and fair disclosure of all matters that could reasonably be expected to impair their independence and objectivity or interfere with respective duties to clients/ employers.
- Must ensure that disclosures are prominent, in plain langauge and communicate the relevant information effectively.