91.4 Guidance for Standards III(A) and III(B)

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Questions and Answers

Bjorn Sandvik, CFA, completes a research report with a buy recommendation for Acorn Properties. In the early afternoon, Sandvik e-mails this recommendation to his clients who had responded to his request that they provide Sandvik with their e-mail addresses. Later that afternoon, the printed recommendation is forwarded to the postal service for normal delivery to all customers, who receive the mailing 1 to 3 days later. Sandvik has:

  • violated the Code and Standards by sending the e-mail recommendation in advance of the printed report.
  • not violated the Code and Standards because he acted fairly in disseminating research information to his clients. (correct)
  • violated the Code and Standards by sending the e-mail recommendation to only some of his clients.

Which of the following most accurately states a limitation that the Fair Dealing standard imposes?

  • Referral fees may be disclosed after proceeding with an agreement for service.
  • Clients should not be discriminated against when disseminating investment recommendations. (correct)
  • Before trading on her own portfolio, a CFA charterholder must wait for employer and client deals to be executed.

Regarding (1) not voting all client proxies, and (2) using a directed brokerage arrangement, a member would violate the Standards by:

  • using a directed brokerage arrangement.
  • not voting all proxies for client stocks.
  • engaging in neither of these practices. (correct)

With regard to disseminating investment recommendations, the recommended procedures for compliance with the Standard concerning fair dealing least likely state that members and candidates should:

<p>maximize the number of people who know an investment recommendation is going to be disseminated. (B)</p> Signup and view all the answers

Ed Staples, CFA, manages a pension fund sponsored by Hill Corporation. The Code and Standards most likely require Staples to:

<p>act solely in the interest of the ultimate beneficiaries. (B)</p> Signup and view all the answers

Bertha Mader, CFA, received proxy material related to a hostile takeover attempt of Danube Industries by Balnet Company. She holds shares of Danube in most of her client accounts. Mader has a high opinion of Danube's management because they have run the company successfully and have always responded directly and honestly to her inquiries. She is not acquainted with Balnet's management team but knows they have a reputation for improving the bottom line at the companies they acquire, partly because they tend to replace upper management at their targets and assume their functions. Balnet's offer is 60% higher than the price of Danube shares before the announcement. Danube's management has contacted Mader and requested that she vote the shares she controls against the takeover because the management is concerned for their jobs and for the welfare of the company. To comply with the Code and Standards, Mader should:

<p>vote for the takeover if it is in the best interest of Danube's shareholders, regardless of the consequences to current management. (B)</p> Signup and view all the answers

Tony Calaveccio, CFA, is the manager of the TrustCo Small Cap Venture Fund in Toronto. He places trades for the fund with River City Brokerage. River City provides Calaveccio with soft dollars to purchase research. River City also deals in municipal bonds, some of which Calaveccio holds in his personal portfolio. He periodically uses the soft dollars to request research reports on various small cap stocks and also on the status of the municipal bond market and issues that he holds. These actions are:

<p>in violation of his fiduciary duties regarding the municipal bond research but not so regarding the research on the small cap issues. (C)</p> Signup and view all the answers

Rey Sanchez, CFA, covers the specialty chemical industry for Rock Advisory Associates. Until today he has had a buy recommendation on ChemStar, and many of the firm's customers have purchased shares based upon his recommendation. The firm's client accounts are divided into two fundamental categories: trading and buy-and-hold accounts. The firm holds discretionary trading authority over the trading accounts, but not the buy-and-hold accounts. Sanchez has recently come to believe that the fundamentals are changing for the worse at ChemStar, and is preparing a sell recommendation. He calls a meeting of the firm's portfolio managers with accounts holding ChemStar and tells them of the pending release of the sell recommendation. On this basis, the portfolio managers sell all positions in the discretionary accounts but not in the buy-and-hold accounts. Sanchez completes and mails the report to all clients two days later, and, shortly thereafter, many of the buy-and-hold accounts sell their ChemStar positions. With regard to these actions, Sanchez is:

<p>in violation of the Standard on Fair Dealing; the portfolio managers are in violation of the Standard on Fair Dealing. (C)</p> Signup and view all the answers

According to the Standard concerning loyalty, prudence, and care, brokerage is an asset of the:

<p>client. (B)</p> Signup and view all the answers

A member would most likely violate the Standard regarding duties to clients by:

<p>recommending purchase of securities without a reasonable inquiry into the investment experience of the client. (A)</p> Signup and view all the answers

Concerning Standard III(B), Fair Dealing, which of the following actions is NOT a valid procedure for compliance with the Standard?

<p>Communicate investment recommendations to all customers including those accounts for which the securities are not eligible for purchase. (A)</p> Signup and view all the answers

Tony Calaveccio, CFA, is the manager of the TrustCo Small Cap Venture Fund in Toronto. Calaveccio places a trade with Quantco Brokerage. While Calaveccio's part of the transaction was conveyed correctly to Quantco, there was a trading error made in Calaveccio's account due to a slip up within Quantco. Calaveccio realizes that the error has taken place, and informs his contact at Quantco. Calaveccio allows Quantco to cover the error, with no cost to TrustCo. This is:

<p>permissible under CFA Institute Standards. (A)</p> Signup and view all the answers

In securing the shares for all accounts under her management, Linda Kammel of Northwest Futures purchased three blocks of shares at three different prices. She then allocated these shares by placing shares from the first block in accounts with surnames beginning with A-G. The second was allocated over accounts H-P, and the third over Q-Z. This action is:

<p>not permissible under the Code and Standards. (B)</p> Signup and view all the answers

An investment advisor goes straight from a research seminar to a meeting with a prospective new client with whom she has never been in contact. The advisor is very excited about the information she just received in the seminar and begins showing the prospect the new ideas her firm is coming up with. This is most likely a violation of:

<p>both of these. (C)</p> Signup and view all the answers

An analyst with his own money management firm trades on behalf of several large pension funds. The analyst now performs all trades through a particular brokerage firm because the brokerage provides his firm with a no-interest line of credit if paid within 60 days. The line of credit is available to all brokerage clients. The brokerage provides the analyst with personal account privileges that he would not otherwise be eligible for. The brokerage also provides the analyst with free research reports on many companies. Which of these benefits are violations of Standard III(A), Loyalty, Prudence, and Care?

<p>The personal account privileges. (B)</p> Signup and view all the answers

Calvin Moore, CFA, has been transferred from the brokerage house of the Browning Company to the portfolio management department. In portfolio management, Moore learns that clients are grouped into three divisions according to portfolio value, divided as follows:

  • Group 1 up to $10,000
  • Group 2 from $10,001 to $100,000
  • Group 3 more than $100,000

When recommendations are announced or trades are initiated, a particular sequence is followed in communicating to these groups. At the next monthly meeting, Moore suggests that the sequencing practice is a breach of CFA Institute Standards. One of Moore's co-workers replies that the grouping approach helps the company in applying the Standard regarding portfolio recommendations. He further suggests that because Browning's overall performance is more strongly affected by actions taken on the high value portfolios, that these portfolios should take priority over the small value portfolios. What should Moore do? Moore should:

<p>disassociate himself from the problem and seek legal advice. (C)</p> Signup and view all the answers

Which of the following is least likely required of fiduciaries who are responsible for pension plans?

<p>Supporting the sponsor's management during proxy fights. (C)</p> Signup and view all the answers

While trading on behalf of a pension account, an analyst receives special research reports from the brokerage firm with whom she is doing the trades. Such an activity is:

<p>not in itself a violation of Standard III(A), Loyalty, Prudence, and Care, nor the Code of Ethics. (B)</p> Signup and view all the answers

Alan Cramer, CFA, practices in a country that does not regulate the investment of company retirement plans. He was retained by Bingham Companies to manage their corporate pension plan. Bingham's management has approached Cramer and requested that Cramer invest the entire plan in Bingham stock. Cramer may:

<p>invest a portion of the retirement plan in Bingham Company stock if the investment is prudent and if he keeps the overall portfolio properly diversified. (A)</p> Signup and view all the answers

A money management firm has the following policy concerning new recommendations: When a new recommendation is made, each portfolio manager estimates the likely transaction size for each of their clients. Clients are notified of the new recommendation in the order of their estimated transaction size—largest first. All clients have signed a form where they acknowledge and consent to this allocation procedure. With respect to Standard III(B), Fair Dealing, this is:

<p>a violation of the standard. (A)</p> Signup and view all the answers

An independent analyst has only one client. One of the client's largest holdings is a brokerage firm. Because of the large holding by his client, the brokerage firm recently began allowing the analyst to tap into the firm's computer network to use the firm's research facilities. This is allowable as long as the analyst:

<p>does both of the actions listed here. (C)</p> Signup and view all the answers

In accordance with Standard III (A) Loyalty, Prudence and Care, which of the following statements is NOT a required or recommended action?

<p>Vote all proxies on behalf of clients in a responsible manner. (B)</p> Signup and view all the answers

Which of the following statements regarding allocating trades is CORRECT? It is permissible under the Standards to allocate trades:

<p>on a pro-rata basis over all suitable accounts. (B)</p> Signup and view all the answers

Flashcards

Fair Dealing

Members must deal fairly with all clients when disseminating investment recommendations, but not always with equal treatment.

Voting Client Proxies

Proxies have economic value to the client, you are obligated to vote proxies in an informed and responsible manner.

Reasonable Inquiry

Ensure recommendations align with client experience, risk tolerance, & investment objectives.

Fund Manager's Duty

Act solely for the beneficiaries’ best interest.

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Voting Shares

Vote in shareholders' takeover best interest .

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Soft Dollars

Soft dollars must benefit clients.

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Fair Dealing Violation

Treat all clients fairly when disseminating recommendations.

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Brokerage Asset

Brokerage is an asset of the client.

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Recommendation Communication

Communicate recommendations to interested parties, excluding accounts deemed unsuitable.

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Trading Error

Allow Quantico to cover the error at no cost to TrustCo.

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Share Allocation

Must perform on a pro-rata basis in each block.

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Acting on existing clients behalf.

Clients come first not matter new clients.

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Disclose any relationships.

It impacts clients investments, analysts needs to let them know of the relation ship.

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Voting and acting responsible

Vote all proxies on behalf of the client in a responsible manner.

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Study Notes

Fair Dealing Standard: Disseminating Investment Recommendations

  • Standard III(B) requires fair treatment of all clients in disseminating investment recommendations
  • It doesn't mandate uniform or equal treatment

Limitations of Fair Dealing Standard

  • Clients should not be discriminated against regarding investment recommendations

Violating Standards: Client Proxies and Brokerage

  • A member violates standards by not voting all client proxies if it economically benefits the client
  • A member doesn't violate standards by using a directed brokerage arrangement when clients request brokerage usage that directly benefits them

Compliance Procedures for Fair Dealing Standard

  • Recommended procedures least likely include maximizing the number of people aware of an imminent investment recommendation
  • Fair Dealing procedures include limiting the number of people who know about an investment recommendation

Managing Pension Funds: Code and Standards

  • Managing a pension fund requires acting solely in the interest of the ultimate beneficiaries, as per Standard III(A)
  • Investment decisions are to benefit the investors as a whole

Proxy Voting & Hostile Takeovers

  • Standard III(A) Loyalty, Prudence, and Care, requires acting in the client's (shareholders) best interest during a hostile takeover
  • Fiduciary duty is to clients (shareholders), not company management

Fiduciary Responsibilities and "Soft Dollars"

  • Standard III(A) defines fiduciary duties regarding soft dollars (client property)
  • Using soft dollars for personal benefit violates the Standard

Fair Dealing Violations: Preferential Dissemination

  • Preferentially informing portfolio managers of a sell recommendation before clients violates Standard III(B)
  • Portfolio managers giving preferential treatment to trading accounts over buy-and-hold accounts in order placement is a Standards violation.

Loyalty, Prudence, and Care: Brokerage as an Asset

  • According to the Standard, brokerage is an asset of the client

Violating Duties to Clients

  • Recommending securities purchases without doing a reasonable inquiry into client's investment experience most likely violates standards

Compliance with Fair Dealing: Valid Procedures

  • Communicating investment recommendations to all customers, including those for whom the securities are unsuitable, is not a valid procedure for compliance with the Fair Dealing Standard

Trading Errors

  • Allowing Quantco to cover a trading error made by Quantco is permissible under CFA Institute Standards

Fair Dealing: Share Allocation

  • Allocating shares based on surname violates the requirement to deal fairly with all clients in investment actions
  • All accounts must participate on a pro-rata basis in each block to conform to the Standard

Fair Dealing Standard: Advisor-Client Meetings

  • An advisor going straight from a seminar to a meeting with a prospective client is a violation of Standard III(B) since they have existing clients to consider
  • This is a violation of Standard III(C) given she has never met the prospective client

Benefits Violating Loyalty, Prudence, and Care

  • Personal account privileges provided by a brokerage firm are violations of Standard III(A) when trading on behalf of pension funds
  • Free research reports on several companies can be a violation of Standard III(A)

Fair Dealing: Client Grouping

  • Taking a special approach in disseminating information in relation to initiating trades is a breach of Standard III(B), Fair Dealing
  • Moore should disassociate himself from the situation, and seek legal advice

Fiduciaries and Pension Plans

  • Fiduciaries are least likely required to support the sponsor's management during proxy fights

Special Research Reports

  • Receiving special research reports from a brokerage firm while trading on behalf of a pension account is not a violation of Standard III(A) in itself
  • There could be an violation if the analyst does not inform the client

Fiduciary Duty: Retirement Plans

  • Fiduciary duty includes the obligation to diversify the plan's investments, regardless of the quality of the sponsoring company's stock

Money Management Firm Policies and Fair Dealing

  • Notifying clients of new recommendations based on estimated transaction size violates the Fair Dealing standard

Independent Analysts and Conflicts of Interest

  • An independent analyst must disclose the relationship to their client, regarding the brokerage firm's computer network, per Standard III(A)
  • Analyst must channel any benefits derived from the resources back into the client, and inform the client of the benefits
  • Voting all proxies on behalf of clients in a responsible manner is not a required action

Allocating Trades: Permissible Methods

  • It is permissible to allocate trades on a pro-rata basis over all suitable accounts, under the standards outlined

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