Ethics & Professional Standards Flashcards
What is Standard 1?
Professionalism
Part A of Standard 1?
Knowledge of the law: members must understand and comply with all laws.
What should you do in the case of conflict of laws for Standard 1 Part A?
comply with the stricter law
what if you participate where others have violated?
you still bear he consequences and will bear the burden of the law. If a member thinks that client/employer activities are illegal, member must separate from this activity or stop this behaviour
Part B of Standard 1?
Independence and Objectivity
What does independence and objectivity mean?
anything that comes from your client or employer that makes you less objective and independent: gifts, commissions, bonuses, transportation reimbursement
part c of standard 1?
misrepresentation
what does misrepresentation mean?
any untrue statement or omission of a fact that is false or misleading. Don’t guarantee any specific return on volatile investments. Avoid plagiarism. The firm is allowed to use the research conducted by analysts previously employed by the firm.
what is part D of section 1?
misconduct
what does misconduct mean?
you mustn’t engage in any professional conduct that involves dishonesty, fraud or deceit
can a legal conduct still damage competence and trustworthiness?
yes, example is abusing alcohol during business hours, personal bankruptcy, lack of necessary due diligence
what is standard 2 of professional conduct?
integrity of capital markets
what is part A of standard 2?
material non public information
what does material non public info entail?
if you use any material non public information to your advantage
What does the material information include?
earnings, mergers, change in assets, innovative products, new licenses, changes in management, change in customer info, change in audit, bankrputcy or a legal dispute. Basically any info that has not been made known/disseminated yet.
what should you do under mosaic theory?
you should save the info you have or find and document it
what is a firewall element?
it’s an information barrier that prevents communication of material non public info. This can include review of employees trading, documentation of procedures limiting flow of info between the departments. Physical separation of departments, prevention of personnel overlap, records maintenance, communication to employees
what is part b of standard 2?
market manipulation
what is market manipulation?
you shouldn’t engage in practices that influence or artificially inflate trading volume. This can include dissemination of misleading or false info and doing transactions that mislead the market.
what is standard 3?
duties to clients
what is part A of standard 3?
loyalty, prudence and care. You must act for client’s benefit. You should identify the client to whom loyalty is owed. You should make sure client’s objectives and risk preferences are discussed and accounted for.
what is part b of standard 3?
fair dealing
what does fairly mean?
fairly means that member must take not to discriminate against a client when giving investment advice, should not have different levels of service and should nto have preferential treatment
what is part c of standard 3?
suitability, looking into client’s experience, return/risk objectives.
what is part d of standard 3?
performance presentation: investment policy and includes client id, investor objective, investor constraint: tax, liquidity, expected cash flow; performance measurement benchmark
how should the IP be presented?
it must be presented accurately, fairly and should be complete, should follow the GIPS standards to meet thee obligations which means should present performance of weighted composite of similar portfolios, should include terminated accounts as part of performance history