Standard III(A) – Loyalty, Prudence, and Care

Members and Candidates owe their clients a responsibility of loyalty, and they must act with reasonable caution and sound judgment. Members and Candidates must work in the best interests of their clients, putting their clients’ needs ahead of their employer’s or own.

Application 1: Client Approval

Hadassah Zachary, CFA, manages Kate Chege’s investment portfolio. Chege has a heavily concentrated position in SunBeam Technologies. She received the majority of her shares after her father – the ex-CEO of Sunbeam – passed away. Zachary has expressed the need for and benefits of diversifying her portfolio. Chege has refused to diversify her holdings and has prohibited the sale of Sunbeam stock in her investment policy statement. News has just broken about SunBeam Technology filing for bankruptcy. Zachary is quick to act and attempts to get in touch with Chege, with no success. The stock price is falling dramatically, and Zachary proceeds to sell the shares and reinvest the proceeds into safer yielding assets.

Has Zachary violated Standard III(A) – Loyalty, Prudence, and Care?

1. No, because she acted in Chege’s best interest.
2. Yes, because she failed to diversify Chege’s portfolio.
3. Yes, because she did not follow instructions found on the investment policy statement.

Solution

The correct answer is C.

Zachary was trying to act in Chege’s best interest. However, Chege’s investment policy statement prohibits the sale of Sunbeam stock. While it may appear that Zachary did the right thing for Chege’s portfolio, she has violated Standard III(A) – Duties to Client. To comply with Standard III(A), Zachary must disclose any investment action and wait for Chege’s approval.

Application 2: Excessive Trading

Samuel Taylor is a wealth manager at Schuster Partners. A percentage of her management fees is derived from trading commissions. Taylor trades excessively in each of his client trading accounts, but the trades are appropriate and in line with his client’s asset allocations. However, the trading activity exceeds what is required to implement her client’s objectives.

Do Taylor’s actions comply with Standard III(A) – Loyalty, Prudence, and Care?

1. Yes, because Taylor is allowed to direct trading activity and frequency.
2. Yes, because the trades are appropriate and in line with his client’s asset allocations.
3. No, because the trading activity exceeds what is necessary to meet her client’s objectives.

Solution

The correct answer is C.

Taylor’s actions do not comply with Standard III(A) – Loyalty, Prudence, and Care. Although the trades are appropriate and in line with her client’s asset allocations, the excessive trading frequency raises concerns about whether Taylor is acting in the best interests of her clients. Excessive trading that generates higher commissions for the manager without corresponding benefits to the clients can be seen as prioritizing her own interests over those of her clients, which violates the standard of loyalty, prudence, and care.

Application 3: Soft Dollars

Grace Morris is the CEO of a financial advisory firm – Morris Advisors. Morris routinely uses the same broker for all her client-account trades. The broker offers average prices and below-average execution and research. In exchange, the broker pays Morris Advisors’ employees’ travel expenses and the firm’s rent. All research obtained is used to inform her investment recommendations and advice for her clients.

Is Morris in conflict with Standard III(A) – Loyalty, Prudence, and Care?

1. No, because it is her discretion which broker she selects.
2. Yes, because she fails to get the best execution and price for her clients.
3. No, because the research received benefits from all her clients.

The correct answer is B.

Morris has violated Standard III(A) – Loyalty, Prudence, and Care. She uses her client’s brokerage for services that do not directly benefit her clients. Additionally, she fails to get the best execution and price for her clients.

Application 3: Loyalty

Robert Ojot, CFA, is an investment manager at BNM investment bank. VCX Plc has been issuing its popular commercial papers through BNM investment bank. Robert has been recommending the shares of VCX Plc to his clients because of the value his bank gets by selling VCX’s commercial paper. Robert feels that if he gives a different recommendation, his company is at the risk of losing the business with VCX Plc. Under the CFA Institute Code and Standards, Robert’s action:

1. violates the CFA Institute Code and Standards.
2. does not violate CFA Institute Code and Standards because VCX Plc is well-performing.
3. does not violate the CFA Institute Code and Standards because no investors have lost their money.

Solution

The correct answer is A.

Robert is recommending VCX to his clients because of the value that VCX has been giving to his company, and for fear of losing this business if they gave a different recommendation is a violation of Standard III(A).

B is incorrect. Even though VCX’s commercial paper is popular should not be a basis for recommending the company’s securities to investors. Robert should perform a proper analysis of the firm and recommend without external influence from VCX.

C is incorrect. Members and Candidates owe their clients a responsibility of loyalty, and they must act with reasonable caution and sound judgment. Investors losing their money is not a basis for recommending a company’s securities.

LOS 3(a): Evaluate practices, policies, and conduct relative to the CFA Institute Code of Ethics and Standards of Professional Conduct.

LOS 3(b): Explain how the practices, policies, or conduct does or does not violate the CFA Institute Code of Ethics and Standards of Professional Conduct.