91.5 Guidance for Standards III(C), III(D), and III(E)

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Questions and Answers

Paul Salyer, a portfolio manager, is making a presentation to a prospective client. Paul says that as a new portfolio manager, he made an average annual rate of return of 50% in the last two years at his previous firm and that based on this, he can guarantee a 50% return to the client. Which of the following statements is in accordance with Standard III(D), Performance Presentation?

  • Imputing his past performance to future performance.
  • Stating his past performance as long as it is fact. (correct)
  • Implying that he can guarantee a return.

According to Standard III(C) Suitability, which of the following is least likely to be considered a relevant factor in determining the appropriateness and suitability of investment recommendations or actions for each portfolio or client?

  • Best interests of the investment professional. (correct)
  • Needs and circumstances of the portfolio or client.
  • Basic characteristics of the total portfolio.

A CFA charterholder may disclose confidential information about a client when:

  • the information is nonmaterial.
  • the CFA Institute Professional Conduct Program requests it. (correct)
  • it is a necessary step in proceeding with research on client preferences.

A money manager, who is a member of CFA Institute, states that, "Our aggressive growth fund produced a 12% annualized return last quarter. This illustrates the superior results our firm produces." The fund return stated by the manager is accurate. Is this a violation of Standard III(D) Performance Presentation?

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

Bob Hatfield, CFA, has his own money management firm with two clients. The accounts of the two clients are equal in value. One of the clients gets married and the assets of the new spouse and the client are combined. With the larger portfolio of the now married client, Hatfield determines that they can assume a higher level of risk and begins a change in the policy concerning that portfolio. Which of the following would violate Standard III(C), Suitability?

<p>Implement a similar policy for the other client who did not just get married. (A)</p> Signup and view all the answers

The Standard concerning preservation of confidentiality states that members and candidates must keep information confidential about:

<p>current clients, former clients, and prospective clients. (C)</p> Signup and view all the answers

While servicing his clients' accounts, an analyst who is a CFA charterholder, determines that one client is probably involved in illegal activities. According to Standard III(E), Preservation of Confidentiality, the analyst may NOT do which of the following?

<p>There are no exceptions in this list. (A)</p> Signup and view all the answers

Paula Munson, CFA, manages a mutual fund with an objective to emphasize income over capital gains. Magic Technologies is a growth stock that pays no dividend, but Republic's research department believes the stock will dramatically outperform the S&P 500 over the next 12 to 18 months. Based on this strong recommendation and believing Magic stock will improve the fund's diversification, Munson adds the stock to her fund's portfolio. Munson has:

<p>violated the Standards by failing to comply with her portfolio's style mandate. (A)</p> Signup and view all the answers

Janet Reilly has just approached Betty Miller, CFA, about purchasing 10,000 shares of Brookshire Co., a newly incorporated real estate development firm. Reilly is a retired schoolteacher living off the income from her late husband's life insurance policy. This investment will represent a significant shift in her investment portfolio. Miller believes this trade is unsuitable with respect to Reilly's investment policy statement. Consistent with the Standards, Miller should most appropriately:

<p>discuss with Reilly whether she wishes to update her investment policy statement. (B)</p> Signup and view all the answers

Greg Stiles, CFA, may withhold from CFA Institute information about a client acquired in the regular performance of his duties:

<p>for neither of the reasons listed. (A)</p> Signup and view all the answers

A money manager is meeting with a prospect. She gives the client a list of stocks and says, "These are the winners I picked this past year for my clients. Their double-digit returns indicate the type of returns I can earn for you." The list includes stocks the manager had picked for her clients, and each stock has listed with it an accurately measured return that exceeds 10%. Is this a violation of Standard III(D), Performance Presentation?

<p>Yes, unless the positions listed constitute a complete presentation (i.e., there were no stocks omitted that did not perform in the double digits). (B)</p> Signup and view all the answers

Greg Stiles, CFA, keeps a list of his clients' birthdays and has personally sent them a birthday card each year at the appropriate time. With respect to this action, which of the following may be a violation of Standard III(E), Preservation of Confidentiality?

<p>Hiring a company outside the firm to perform the task. (A)</p> Signup and view all the answers

A money management firm creates a new high-yield bond fund. The firm accurately computed the returns from the past three years for each of the bonds in the fund. The firm uses the current portfolio weights to determine an average annual historical return equal to 18%. When the firm advertises the new fund at its issuance, they state an 18% annual historical return. With respect to performance presentation, this is:

<p>a violation of the Standards because the advertisement implies the firm generated this return. (B)</p> Signup and view all the answers

Millie Walker, CFA, established an aggressive growth portfolio for her client, Jesse Wilmer, over three years ago. Wilmer was placed on Walker's employer's client mailing list, and received monthly account statements and the firm's newsletter, which regularly informed clients that they should contact their account representative with any change in their personal circumstances or investment objectives. As of January, of this year, Walker had not spoken to Wilmer nor received any correspondence from Wilmer since the account was established. Walker has:

<p>violated the Code and Standards because the manager has not performed an update of Wilmer's financial situation and investment objectives. (B)</p> Signup and view all the answers

Compliance with the Standard concerning suitability least likely includes determining a client's:

<p>social habits and interests. (C)</p> Signup and view all the answers

Nancy Korthauer, CFA, has launched a new hedge fund called the Korthauer Tautology Fund and is actively soliciting clients from competitor's firms. Client presentations are necessarily brief and often take place with the prospective client's current investment advisor in the room. The Code and Standards require that:

<p>member or candidate provide (on request) additional detail information which supports the abbreviated presentation. (A)</p> Signup and view all the answers

The O'Douls (husband and wife) have decided to work with Jane Mack, CFA, to have her recommend an investment portfolio for them. The O'Douls are novice investors and Mack has determined their asset allocation model falls into the conservative category. After researching various investment options for the O'Douls, Mack has made a recommendation that they divide their account on a 25%/75% basis between shares of a computer peripherals manufacturing company her brokerage firm is underwriting and investment grade corporate bonds. The O'Douls are not aware that Mack's firm is underwriting an offering of the company in question. Which CFA Institute Standard(s) has Mack violated given her actions?

<p>Standard VI(A), Disclosure of Conflicts, and III(C), Suitability. (C)</p> Signup and view all the answers

A candidate or member is least likely violating the Standard regarding the confidentiality of client information if he shares confidential client information, when not required by law, with:

<p>the CFA Institute Professional Conduct Program. (B)</p> Signup and view all the answers

Greg Stiles, CFA, is liquidating a large portion of a client's portfolio because the client is planning to buy a vacation home. Stiles informs one of his colleagues at the firm that the client is looking for a vacation home, because the colleague's wife is a licensed real estate broker. Does this violate the Standard concerning preservation of confidentiality?

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

Flashcards

Performance Presentation Violation

A portfolio manager cannot guarantee a 50% return based on past performance.

III(C) Suitability Importance

Focuses on the portfolio or the client, not the investment professional

When can client info be disclosed?

Disclosing client info is OK when the CFA Institute Professional Conduct Program requests it.

Performance Presentation Communication

A manager cannot imply that the return produced by a single fund during one quarter is typical of a firm's performance.

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Standard III(C) Violation

Violation of Standard III(C) Suitability occurs when implementing a similar policy for another client.

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III(E) Preservation of Confidentiality Violation

A company outside the firm to perform the birthday card task.

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Suitability least likely includes

Returning social habits & interests of the client

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Standard III(E) says what?

Standard III(E) allows an analyst to reveal information about a client to CFA Institute since CFA Institute will keep the information confidential.

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Standard III(D) State

A violation of the Standards because the advertisement implies the firm generated this return.

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CFA Code Violation

A manager has violated the Code and Standards because the manager has not performed an update of Wilmer's financial situation and investment objectives.

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Standard III(C) Include

Compliance with Standard III(C) Suitability includes determining a client's investment objectives and constraints.

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Code and Standards require

Member or candidate provide (on request) additional detail information which supports the abbreviated presentation.

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Obligation to disclose

Mack is obliged to disclose the conflict of interest regarding her company's IPO and to consider both the appropriateness and the suitability of the investment for her client.

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Confidentiality

A candidate or member is least likely violating the Standard regarding the confidentiality of client information if he shares confidential client information, when not required by law, with the CFA Institute Professional Conduct Program.

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III(E) Violation on Preservation

Stiles violated Standard III(E) Preservation of Confidentiality because the colleague was not involved in the firm's work for his client.

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Standard III(C) Violation

Violation of Standard III(C) Suitability occurs when implementing a similar policy for another client, other client must be reassessed and determined to be identical to the needs of the newly married client.

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Member has to?

A money manager is to discuss with Reilly whether she wishes to update her investment policy statement.

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What does Greg do?

Greg is to withhold from CFA Institute information about a client.

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What is the action?

The manager is misrepresenting past performance.

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Study Notes

Standard III(D), Performance Presentation

  • Paul Salyer violated Standard III(D) by implying he can guarantee a 50% return to a prospective client
  • He also violated this standard for using short-term performance and imputing his past performance to future performance
  • Standard III(D) requires fair representations concerning past and potential future performance
  • The money manager violated Standard III(D) by implying that the return produced by a single fund during one quarter is typical of a firm's performance
  • A money manager cannot give the client a list of stocks and say, "These are the winners I picked this past year for my clients. Their double-digit returns indicate the type of returns I can earn for you."
  • This is a violation unless the positions listed constitutes a complete presentation, in other words, there were no stocks omitted that did not perform in the double digits

Standard III(C) Suitability

  • Determining the appropriateness and suitability focuses on the portfolio or client, not on the investment professional
  • According to Standard III(C), analysts must assess the time horizon, return objectives, tax considerations, and liquidity needs of a client before changing an investment policy
  • According to Standard III(C), the analyst must notify the client of the new policy
  • Implementing the policy for the other client may be a violation of the Standard unless that client's needs are totally reassessed and determined to be identical to the needs of the newly married client
  • Paula Munson violated the Standards by failing to comply with her portfolio’s style mandate by adding a non-dividend paying stock to the portfolio

Standard III(E) Preservation of Confidentiality

  • Members and candidates must preserve the confidentiality of client information received in the process of performing services for them
  • The exceptions for preserving confidentiality are when related to an illegal action or when requested by the CFA Institute Professional Conduct Program
  • Standard III(E) Preservation of Confidentiality applies to information about current, former, and prospective clients
  • Standard III(E) allows an analyst to reveal information about a client to CFA Institute, since CFA Institute will keep the information confidential
  • Stiles may not withhold information from CFA Institute about a client acquired in the regular performance of his duties for any reason
  • According to Standard III(E), an analyst should limit the number of persons who have access to clients' personal information
  • Allowing a company outside the firm to send birthday cards could be a violation
  • Stiles violated Standard III(E) because his colleague was not involved in the firm's work for his client
  • Stiles must keep client information confidential and limit the information to others in his firm that are involved in the work being performed for the client

Standard III(C) Suitability Compliance

  • The procedures for compliance include determining a client's investment objectives and constraints
  • Complying does not include gathering information about the client's social habits and interests.

New Funds and Advertising (Standard III(D))

  • Reporting the historical returns of all assets now in the fund introduces survivorship bias
  • The advertisement is misleading because the fund just came into existence and has no historical record
  • A money management firm creates a new high-yield bond fund and states an 18% annual historical return, this is a violation because the advertisement implies the firm generated this return.

Updating Client Objectives (Standard III(C))

  • Wilmer's account has existed for more than three years, and an update is long overdue

Hedge Funds and Client Solicitation (Standard III(D))

  • Standard III(D) states that when presentations are brief, additional detail which supports the abbreviated presentation information must be provided on request.
  • Best practice dictates that the member or candidate should make reference to the abbreviated nature of the presentation.

IPOs and Conflict of Interest (Standard VI(A), Disclosure of Conflicts, and III(C), Suitability)

  • Mack is obliged to disclose the conflict of interest regarding her company's IPO and to consider both the appropriateness and the suitability of the investment for her client
  • She has apparently failed in both respects

Preservation of Confidentiality (Standard III(E))

  • Standard III(E) states that sharing information with the PCP when requested as part of an investigation is not a violation unless it is prohibited by law

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