Final Exam Flashcards
• Duties to Clients
o Loyalty, Prudence, and Care
Members and Candidates have a duty of loyalty to their clients and must act with reasonable care and exercise prudent judgment. Members and Candidates must act for the benefit of their clients and place their clients’ interests before their employer’s or their own interests. In relationships with clients, Members and Candidates must determine applicable fiduciary duty and must comply with such duty to persons and interests to whom it is owed.
• Standard III (C) Suitability
o Know your client’s circumstances, needs, and objectives.
o Only recommend or place the client in suitable investments (as judged within the context of the entire portfolio).
o Take investment actions that are consistent with the stated objectives of the portfolio.
• Unsolicited Trade Requests
o In the case of unsolicited trade requests, the member is not required to develop an IPS.
o However, if the investment is clearly unsuitable for a client, then the broker should warn the client and obtain a statement from the client that suitability is not an issue.
• Standard III(D) Performance Presentation
o When communicating investment performance information, Members and Candidates must make reasonable efforts to make sure that it is fair, accurate, and complete.
• Cherry Picking
Strong Funds – Would start numerous funds and then close the poorly performing funds.
the act of choosing top securities for investment from research that generally overlooks large amounts of data or disregards broad market metrics
• Standard III: Duties to Clients (E) Preservation of Confidentiality
o Disclosure is required by law.
o The client or perspective client permits disclosure of the information.
• Capitalism
An economic system in which the major portion of production and distribution is in private hands operating under what is called a profit or free market system.
• Mercantile Capitalism
– A term used by economic historians. It was a form of capitalism that preceded industrial capitalism and was focused on the distribution and sale of goods produced by artisans and craftsmen such as weavers and shoemakers.
• Industrial Capitalism
In the early 1800’s large industrial companies began replacing craftsmen. Weaving Industry, Railroads (Steam Engines).
• Financial Capitalism
generation of profits by the use of financial instruments such as stock, bonds, derivative assets, insurance contracts and other financial instruments.
• State Welfare Capitalism
government plays an active role in regulating economic activities in an effort to smooth out the boom and bust pattern of the business cycle. Also attempts to ameliorate some of the problems associated with capitalism such as wealth disparity and monopoly. Includes programs such as social security and unemployment insurance.
• Profit motive
The motivation for investment in capital because profit is possible
• Private ownership of property
important because we want the right to sell/trade what we have
• Criticisms of Capitalism
o A) Pursuit of Self Interest is Too Narrow
o B) Inequality of Wealth in Capitalist Systems
o C) Oligopolies and Monopolies
o D) Corporate Welfare
o E) Exploitation and Alienation
o F) Cost and Other Inefficiencies of Competition
o G) Nash Equilibrium
o H) Market Myopia
• Moral Justifications of Capitalism
o Psychological Egoism
o Enlightened Egoism – still pursue self-interest, but keep the law in mind
o Natural Right to Property
o Efficiency and Productivity (Utilitarian)
• Example of Nash Equilibrium
o Two people are pumping oil from the same underground pool of oil. Neither knows how fast the other is pumping oil.
o Strategy A: Limit the amount that you pump
o Strategy B: Pump as fast as you can
• (F) Market Myopia
o Institutional and cultural incentives encourage short term profit maximization instead of long term (global) profit maximization.
• Slippery Slope
o Government regulation can mitigate some of the negative aspects of Laissez- Faire capitalism.
• laissez-faire
o literally means “to let people do as they wish.”
• Examples of Government Regulation
o Monopolies and Cartels- Anti Trust legislation
o Inequalities of Wealth - Social Welfare Programs AFDC, Food Stamps, Free Public Education, Minimum Wage Laws, Graduated Income Taxes, Compensation Limits in the Banking Industry
o Exploitation and Alienation – Safety regulations, Workers Rights legislation (labor laws)
o Nash Equilibrium – Minerals Development
• Socialism
o Government controls the means of production. This may be accomplished in the extreme by total government ownership and control of productive capital. A more moderate form of socialism would involve government regulation that directs or affects production.
• Standard IV – Duties to Employers
o IV(A): Loyalty o IV(B): Additional Compensation Arrangements o IV(C): Responsibilities of Supervisors
• Standard IV (A) Loyalty
o In matters related to their employment, Members and Candidates must act for the benefit of their employer and not deprive their employer of the advantage of their skills and abilities, divulge confidential information, or otherwise cause harm to their employer.
• Loyalty to Employer Cover Issues Related to:
o Moonlighting
o Changing Employment
o Whistle blowing
• Moonlighting (Independent Practice)
o Member must notify and receive consent from their employer regarding any independent practice for compensation
o Notification must include types of services, the duration of the services, and the compensation.
o Member must abide by employer rules regarding moonlighting.
• Changing Employment
o When planning to change jobs you must continue to act in your employers interest until your resignation is effective.
You may make preparations to go into competition with your employer without disclosing the preparations provided
The preparations do not interfere with your obligations to act in employers interest.
The preparations do not involve the use of your employer’s assets or facilities.
The preparations are made on your time and do not distract you from your responsibilities.
The preparations do not violate “no compete” provisions of your employment.
• Whistle Blowing
o Activities inconsistent with employers interests are permitted when
Necessary to comply with duties to the market and clients.
When the employer is violating the law.
When the employer is engaged in unethical activities
o Such action is permitted only if the intent is clearly aimed at protecting clients or the markets and are not for personal gain.
• Activities that might constitute a violation of standard IV
o Misappropriation of trade secrets
o Use of confidential information
o Solicitation of employer’s clients (prior to cessation of employment)
o Misappropriation of information such as a business opportunity
o Misappropriation of client’s lists