Standard I of the Standards of Professional Conduct deals with ________.
Answer(s): B
Standard I of the Standards of Professional Conduct deals with Fundamental Responsibilities.
One of the discretionary accounts managed by Farnsworth is the Jones Corporation employee profit- sharing plan. Jones, the company president, recently asked Farnsworth to vote the shares in the profit- sharing plan in favor of the company-nominated slate of directors and against the directors sponsored by a dissident stockholder group. Farnsworth does not want to lose this account because he directs all the account's trades toa brokerage firm that provides Farnsworth with useful information about tax-free investments. Although this information is not of value in managing the Jones Corporation account, it does help managing several other accounts. The brokerage firm providing this information also offers the lowest commissions for trades and best execution. Farnsworth investigates the directors' issue, concludes that management's slate is better for the long-run performance of the firm than the dissident group's slate and votes accordingly. Farnsworth:
Answer(s): A
This question pertains to Standard IV (B.1) Fiduciary Duties, in particular members' responsibilities for voting proxies and the use of client brokerage. Because Farnsworth investigated the issue and concluded independently the best way to vote, he was not in violation of his fiduciary duties even though the company president asked him to vote the shares of the profit-sharing plan a certain way. Moreover because the brokerage firm provides the lowest commissions and best executions, he has met his fiduciary duties to the client in using this brokerage firm. Since he's not paying any extra money of the client for the information he's receiving from the brokerage firm, it does not matter.
Level ________ verification applies to the firm.
Answer(s): C
Level I verification applies to all firm composites. Level II verification requires a Level I verification at least on the specific composites being verified at Level II. (Note: There are only two levels of verification.)
________ investing is investing with a view toward the social or political statements made by such an investment.
Answer(s): D
Fiduciaries often feel pressure from various constituencies to engage in social investing - investing with a view toward the social or political statements made by such an investment. Members should keep in mind that although such investment may be benign the fiduciary duty of prudence is paramount and dictates that trustees judge investments according to the criteria of risk and return, asset diversification and cost- conscious investing.
Andrea Anastasio heads the research wing at HiLo Funds, Ltd., an investment advisory and money management firm. Andrea was recently informed by one of her junior analysts, Marcus Cambus, that the investment recommendation on HotPots food chain stock needed an immediate downgrade from hold to sell. This was based on talks with HotPots' management whom revealed that HotPots would be launching an ill- advised expansion plan soon (this information has been discussed in the financial newspapers, too). Andrea checked Marcus' analysis and agreed with the conclusions. Deciding to include this in her research newsletter, Andrea informed a few of the portfolio managers about the change. She did warn them that no action on the news should be taken before the newsletter was out for at least 4 days. However, Cotler, one of her subordinates and an AIMR member, inadvertently and prematurely sold off a large chunk of the holdings of Hotpots stock in one of his larger accounts. A month-end review of accounts DID NOT catch the violation.Which of the following is/are true?
Since the information has been discussed in the financial newspapers, it certainly is not non-public information and no violation of Standard V (A) - Prohibition against Use of Non-Public Information has occurred. However, by treating one of his larger accounts differently, Cotler has violated Standard IV (B.3) - Fair Dealing which requires him to treat all of his clients fairly, without bias. By ignoring Andrea's admonitions and committing these violations, he has potentially harmed his employer (this is in breach of Standard II (B) - Professional Misconduct, not Standard III (B) - Duty to Employer, which is quite specific about its scope of activities covered). Andrea, on the other hand, has been negligent in not carrying out her supervisory duties. She should have either not revealed the change in investment recommendation to her employees or if she deemed it necessary to do so, should have takenappropriate steps to ensure that violations of her instructions did not occur. Simple verbal or even written warnings are not good enough to absolve her of violating Standard III (E) - Responsibilities of Supervisors. Further, the fact that a month- end review of accounts did not detect Cotler's irresponsible actions implies that stricter or more efficient monitoring is required of Andrea.
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