91.2 Guidance for Standards I(C) and I(D)

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Questions and Answers

Which of the following is most likely permitted under Standard I(C), Misrepresentation?

  • Citing quotes attributed to "investment experts" without specific reference.
  • Including data showing the current government bond yield curve in a report to a client without stating its source. (correct)
  • Using excerpts from reports prepared by others without acknowledgement.

A money manager works for a full-service brokerage firm. After meeting with a new client and gathering all relevant information, the money manager says that she thinks her firm can perform all the financial services the new client needs. With respect to the Standard on misrepresentation, this statement:

  • would only be a violation if it is made in writing.
  • is not a violation if it is based on the factual information gathered. (correct)
  • is a violation.

An analyst belongs to a nationally recognized charitable organization, which requires dues for membership. The analyst has worked out a deal under which he provides money management advice in lieu of paying dues. While performing services for the organization, the analyst discovers some useful computer programs that his predecessor developed and left as the property of the organization. The analyst decides to use the computer programs in his consulting business. This action is:

  • appropriate since the analyst is technically an employee of the organization.
  • a violation of Standard I(D) concerning misconduct. (correct)
  • a violation of Standard III(B) concerning fair dealing.

Jerry Brock, CFA, is a partner in a small investment advisory firm that caters to high net worth individuals. He has experienced a number of financial setbacks in his personal life over the past two years and has filed for bankruptcy protection. Brock does not inform his clients of this. Has Brock violated CFA Institute Standards of Professional Conduct?

<p>No. (C)</p> Signup and view all the answers

All of the following are violations of Standard I(D), Misconduct, EXCEPT:

<p>conviction of a misdemeanor involving civil disobedience in support of one's personal beliefs. (B)</p> Signup and view all the answers

Which of the following actions most likely violates Standard I(D) Misconduct?

<p>A Level I candidate submits a request to her employer for auto travel reimbursement using inflated mileage totals. (B)</p> Signup and view all the answers

Sandra Bulow, CFA, is responsible for updating her employing firm's website to include changes in analysis techniques and trading procedures. She is often very delinquent in making these changes, despite working extensive hours. She is aware clients are using the website to make investment decisions, and has received complaints from the sales department as the information on the website if often different from what is presented in sales meetings. Bulow is most likely:

<p>in violation of Standard I(C) &quot;Misrepresentation.&quot; (C)</p> Signup and view all the answers

Marc Randall, CFA, is an investment analyst. During a meeting with a potential client, Randall's boss states that, "You can be sure our investments will always outperform Treasury Bonds because of our fine research staff members, like Marc." Randall knows that this statement is:

<p>a violation of the Standard concerning prohibition against misrepresentation. (B)</p> Signup and view all the answers

Timothy Hooper, CFA, is a security analyst at an investment firm. In his spare time, Hooper serves as a volunteer for City Pride, which collects clothes for the homeless. Hooper has occasionally given some of the clothes to his friends or sold the clothes instead of returning all of the clothing to City Pride. City Pride discovers what he has been doing and dismisses him. Later, City Pride learns that other volunteer organizations have dismissed Hooper for similar actions. Has Hooper violated Standard I(D) on professional misconduct in the CFA Institute Standards of Professional Conduct?

<p>Yes. (A)</p> Signup and view all the answers

A CFA charterholder in a managerial position is in the process of hiring new analysts. If the charterholder conducts background checks on the job applicants with respect to their character, the charterholder has:

<p>complied with Standard I(D) concerning professional misconduct. (A)</p> Signup and view all the answers

Which of the following least likely violates the Standard concerning misconduct? Roland Lawson, a financial analyst:

<p>is arrested for participating in a nonviolent protest. (C)</p> Signup and view all the answers

Based on CFA Institute Standards of Professional Conduct, which of the following statements is a violation of Standard I(C), Misrepresentation?

<p>A young trainee bond trader tells a prospective client that she can assist the client in all the client's investment needs: equity, fixed income, and derivatives and based on her years of experience as an analyst in the business that an investment looks like it has lots of potential. (A)</p> Signup and view all the answers

A CFA charterholder takes a trip for which his firm will pay the expenses. Upon his return, he alters some of the numbers on restaurant receipts to inflate the expenses by about one half of a percent. Is this a violation of the Code and Standards?

<p>Yes, because it reflects dishonesty. (C)</p> Signup and view all the answers

An analyst preparing a report needs to cite which of the following?

<p>A recent quote from the Federal Reserve Chairman. (C)</p> Signup and view all the answers

Erik Bagenot, CFA, uses factual information published by Standard & Poor's Corporation without acknowledging the source and uses excerpts from a research report prepared by another analyst, making only slight wording changes but acknowledging the source. Sally Wain, enrolled in the CFA program, prepares a report citing several quotations from investment experts from a conference without specific reference. According to CFA Institute Standards of Professional Conduct involving prohibition against plagiarism, which of the following statements is CORRECT?

<p>Wain violated the Standards, but Bagenot did not. (C)</p> Signup and view all the answers

Which of the following are recommended procedures of compliance according to Standard I(D), Misconduct?

<p>Conduct background checks on potential employees to ensure that they are of good character. (C)</p> Signup and view all the answers

Which of the following would be permissible under Standard I(C), Misrepresentation?

<p>Including a graph showing the central bank's discount rates over the previous 12 months in a report that goes to clients, without citing the source from which the data were gathered. (B)</p> Signup and view all the answers

According to CFA Institute Standards of Professional Conduct, which of the following is least likely a form of misrepresentation?

<p>Using factual information published by recognized financial and statistical reporting services or similar sources without acknowledgment. (C)</p> Signup and view all the answers

Hillary Jones, CFA, sometimes promises clients that she will allocate more shares from oversubscribed initial public offerings (IPOs) than she knows she will actually be able to deliver. Her employer has reprimanded her in the past for similar behavior. Which of the following statements is least accurate regarding Jones' behavior?

<p>Her actions are a violation of the Standards only if prosecution results in a felony conviction. (C)</p> Signup and view all the answers

According to CFA Institute Standards of Professional Conduct, which of the following statements about the prohibition against plagiarism is most accurate? The prohibition against plagiarism applies to written materials:

<p>oral communications, and telecommunications. (B)</p> Signup and view all the answers

A CFA charterholder is caught shoplifting and is sentenced to nine months in prison. Is this a violation of Standard I(D) Misconduct?

<p>Yes, because the crime involved stealing. (A)</p> Signup and view all the answers

Paul Thomas, CFA, is designing a new layout for research reports his firm writes and issues on individual stocks. In his design, Thomas includes a stock chart on the first page of each report. He does not reference that the charts are copied from the Standard & Poor's website. Thomas has:

<p>violated CFA Institute Standards of Professional Conduct because he did not state the source of the charts. (B)</p> Signup and view all the answers

A CFA charterholder who comes to work intoxicated is:

<p>in violation of Standard I(D) concerning professional misconduct. (A)</p> Signup and view all the answers

All of the following violate Standard I(C), Misrepresentation, EXCEPT:

<p>presenting factual information published by recognized statistical reporting services without acknowledgment. (B)</p> Signup and view all the answers

Wes Smith, CFA, has been working toward the completion of a Master of Science in Finance. He has passed all the necessary courses and written the necessary thesis. He still must defend the thesis in one month. Smith's thesis advisor assures him that he will pass the thesis defense. Smith has new business cards printed with "M.S. in Finance" after his name. This is a violation of:

<p>none of the Standards if Smith does not make the cards public until after he defends his thesis and receives his degree. (B)</p> Signup and view all the answers

Flashcards

Using Factual Data

Factual information from recognized sources, like a government bond yield curve, can be used without citation.

Opinions vs. Misrepresentation

Opinions based on factual information and a firm's capabilities are not misrepresentations.

Misconduct

Using company property for personal gain is misconduct.

Personal Bankruptcy

Personal bankruptcy, in itself, is not necessarily a violation unless it involves fraud or dishonesty.

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Violating Standard I(D)

Actions reflecting poorly on professional reputation and integrity violate Standard I(D).

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Inflated Expenses

Submitting inflated expense reports is likely a violation of Standard I(D).

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Website Misrepresentation

Website information must reflect the firm's current practices to avoid misrepresentation.

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Guaranteeing Returns

Members are forbidden from guaranteeing a specific rate of return on volatile investments.

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Outside Misconduct

Dishonest conduct, even outside professional activities, that hurts integrity violates Standard I(D).

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Employee Background Checks

Employers should conduct background checks to avoid problems and comply with Standard I(D).

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Perjury & Misconduct

Committing perjury is misconduct.

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Investment Assurances

Inappropriate assurances about an investment's return violate Standard I(C).

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Dishonest Actions

Dishonesty, fraud, or deceit is a violation of Standard I(D) Misconduct.

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Uncited Stats

Statistics from recognized agencies do not need to be cited.

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Plagiarism

Failing to give specific references to quotations is plagiarism.

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Employee Background Checks

Background checks help ensure good character, aligning with Standard I(D).

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Factual Data Source

Factual data can be used without citing the source.

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Without Acknowledgment

Copying material prepared by others without acknowledgement violates Standard I(C).

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Intoxication at work standards violation

Intoxication at work violates the standard, covering professional competence and integrity.

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Misrepresenting credentials

Claiming a degree before it is earned violates Standard I(C).

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Study Notes

  • Including data showing the current government bond yield curve in a report to a client without stating its source is likely permitted under Standard I(C), Misrepresentation, as the government bond yield curve is factual information available from recognized financial or statistical reporting services.
  • It is not a violation of the standard on misrepresentation for a money manager to state that their firm can perform all the financial services a new client needs, if the opinion is based on factual information gathered and the firm's actual capabilities. This applies whether the representation is written, oral, or electronic.
  • Using computer programs developed by a predecessor and left as the property of an organization, for personal use in consulting without permission, violates Standard I(D) concerning misconduct, as it is dishonest and prohibited, regardless of whether the analyst is an employee.
  • Declaring personal bankruptcy does not inherently violate CFA Institute Standards of Professional Conduct unless the circumstances involve fraud or dishonesty, which would violate Standard I(D) Misconduct.
  • Standard VI(A) Disclosure of Conflicts doesn't require disclosing personal matters unless they create a conflict of interest.
  • Conviction of a misdemeanor involving civil disobedience in support of one's personal beliefs is an exception to violations of Standard I(D), Misconduct.
  • Any activity that reflects adversely on member's professional reputation, integrity, or competence is a violation of Standard I(D) Misconduct.
  • Standard I(D) isn't intended to extend to legal transgressions resulting from acts of civil disobedience in support of personal beliefs.
  • A member can pursue an employment opportunity with a competitor abiding by the Standards related to Duties to Employers.
  • A Level I candidate submitting a request to her employer for auto travel reimbursement using inflated mileage totals most likely violates Standard I(D) Misconduct.
  • Erroneous website information violates Standard I(C) Misrepresentation, needing updates to match the firm's current practices.
  • Guaranteeing a specific rate of return on volatile investments violates Standard I(C), as members are forbidden from doing so.
  • Voluntarily providing services to City Pride violates Standard I(D) due to repeated dishonest conduct involving misappropriation of donated clothes.
  • Employers are encouraged to conduct background checks on potential employees, complying with Standard I(D) to avoid potential problems.
  • Being arrested for participating in a nonviolent protest is the least likely to violate the Standard concerning misconduct.
  • CFA Institute members, charterholders, and candidates are prohibited from misrepresenting their services or qualifications and inappropriate assurances about investments or returns.
  • Inflating expenses, even by a small percentage, is a violation of Standard I(D) Misconduct due to dishonesty, fraud, or deceit.
  • An analyst preparing a report needs to cite a recent quote from the Federal Reserve Chairman.
  • Wain violated the standards by failing to give specific references for the quotations she used, committing plagiarism.
  • Bagenot complied with Standard I(C) by publishing factual information from Standard & Poor's without acknowledgment and using excerpts with acknowledgment

Standard I(D), Misconduct - Compliance Procedures

  • Conducting background checks on potential employees.
  • Enrolling employees in continuing education for ethical behavior updates.
  • Including a graph showing the central bank's discount rates over the previous 12 months in a report without citing the source is permissible, as it involves using factual information from a recognizable financial and statistical reporting service.
  • Employing factual information published by recognized financial and statistical reporting services or similar sources without acknowledgment is least likely a form of misrepresentation.
  • Jones violated Standard I(C) Misrepresentation by promising clients more shares than she could deliver, and Standard I(D) Misconduct due to dishonesty, fraud, or deceit. She also violated the Code of Ethics.
  • The prohibition against plagiarism applies to written materials, oral communications, and telecommunications.
  • Any act involving lying, cheating, stealing, or other dishonest conduct that reflects adversely on the charterholder's professional activities violates Standard I(D).
  • Including an unreferenced stock chart copied from Standard & Poor's website violates CFA Institute Standards of Professional Conduct.
  • Working while intoxicated violates Standard I(D) due to poor professional competence and integrity.
  • Standard I(C), Misrepresentation, permits using factual information from recognized financial and statistical reporting services without acknowledgement.
  • Printing business cards with "M.S. in Finance" before defending thesis defense violates the standards.

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