Professional Documents
Culture Documents
ETHICS
Standards of
Professional Conduct
Required Recommended
Must Should
(Compulsory) (Guidance)
Seven Standards :
I : Professionalism
IV : Duties to Employers
VI : Conflict of Interest
I C : Misrepresentation
I D : Misconduct
I A : Knowledge of the law
Required : Recommended :
• Understand & comply with all • Know laws & regulations related to their professional
applicable laws, rules & regulations activity in all countries where they work/ conduct
pertaining to any govt, regulatory business
organization, licensing agency or
• Never violate code & standards even if activity is
professional association governing
otherwise legal
their professional activities
• Dissociate or separate from any ongoing client or
• Comply with more strict law, rule or
employee activity if it’s illegal or unethical - in
regulation in case of conflict
extreme case they may have to leave the employer
• Must not knowingly participate or • Confront the individual involved > Approach the
assist & must dissociate from any supervisor or compliance department
violation of laws, rules or regulations
• Inaction with continued association may be
construed as knowing participation
Required : Recommended :
• Maintain current reference material for employees
Required : Recommended :
• Use reasonable care & judgment to • Investment process must not be influenced by any
• Not to offer, solicit or accept any • Allocation of shares in oversubscribed IPO to personal
gift, benefit, compensation or any accounts not permitted
type of consideration that
• Distinguish gifts from clients & entities seeking influence
compromises their own or another’s
to the detriment of the client
independence & objectivity
• Gifts must be disclosed to the member’s employer in
any case either prior to acceptance or subsequently
Required : Recommended :
• Analyst should not be pressured to issue favorable research by
the companies they follow
• Portfolio managers should not pressure sell side analysts > may
have large positions in particular securities > rating downgrade
may adversely affect portfolio performance. Their responsibility to
respect and foster intellectual honesty of sell side research
Required : Recommended :
• Create a restricted list
• Best practice > analysts pay their own commercial travel while
attending informative events or tours sponsored by the firm
being analyzed
Required : Recommended :
• Effective supervisory & review procedures
Required : Recommended :
• Do not give false impressions in writing, oral or
• Must not knowingly make any
electronic communication
misrepresentations relating to investment
analysis, recommendation, actions or • Misrepresentation includes guaranteeing investment
other professional activities compromises performance and plagiarism
their own or another’s independence &
• Plagiarism > using someone else’s work without giving
objectivity
him credit
Required : Recommended :
• Provide employees a written list of firm’s available
services and description of the firm’s qualifications
Required : Recommended :
• Must not involve in any professional • Unethical behavior in all aspects of M&C’s lives is
misconduct, dishonesty, fraud, deceit or discouraged
commit any act that reflects adversely
• Do not abuse CFA Institute’s Professional Conduct
on their professional reputations,
Program by seeking enforcement of this Standard to
integrity or competence
settle personal, political, or other disputes that are not
related to professional ethics
II B : Market Manipulations
II A : Material Non-Public Information
Required : Recommended :
• Members and Candidates who • Material information > if disclosure would impact price of
information that could affect the information before making an investment decision
value of an investment must not • Nonpublic information > not available to the marketplace
act or cause others to act on the
• Analysts’ conference call is not public disclosure
information
Required : Recommended :
• Mosaic Theory > No prohibition on reaching an investment
decision through public and non-material nonpublic information
Required : Recommended :
• Use a “firewall” within the firm
Required : Recommended :
• Members and Candidates must not • Spreading false rumors is prohibited
engage in practices that distort
• Standard applies to transactions that :
prices or artificially inflate trading
volume with the intent to mislead - deceive the market by distorting the price setting
market participants mechanism of financial instruments or
III C : Suitability
Required : Recommended :
• Duty of loyalty to clients & must act with • Client interest comes first (but no imposition of
reasonable care & exercise prudent fiduciary duty)
judgment.
• Exercise same level of prudence, judgment & care
• Must act for the benefits of clients & as in management & disposition of their own
place their client’s interests before their interests in similar circumstances
employer’s & their own interests
• Manage pool of assets in accordance with the terms
of governing documents (e.g. trust documents)
Required : Recommended :
• Conflict arises when client brokerage, “soft dollars” or “soft
commissions” are not used for benefits of clients
• Diversify
Required : Recommended :
• Disclose conflicts
• Maintain confidentiality
Required : Recommended :
• Deal fairly and objectively with all • No discrimination among clients while
clients when providing investment disseminating recommendations or taking
analysis, making investment investment action (growth funds over other funds,
recommendations, taking investment discretionary over non discretionary accounts)
action, or engaging in other
• Fairly does not mean equally > difference in timings
professional activities
of emails & fax received by clients are normal
course of business
Required : Recommended :
• Shorten the time frame b/w decision & dissemination
Required : Recommended :
• In an advisory relationship with a client- • Develop IPS at beginning of the relationship
Ø Make a reasonable inquiry into a client’s • Consider client’s needs, circumstances & risk
or prospective clients’ investment tolerance
experience, risk and return objectives,
• Consider whether the use of leverage is suitable
and financial constraints prior to making
for the client or not
any investment recommendation or
taking investment action and must • Make sure to abide by the stated mandate
to the client’s financial situation and benchmark (Update IPS at least annually )
Required : Recommended :
Ø Judge the suitability of investments in • Unsolicited Trade Requests > request to purchase
the context of the client’s total a security that is unsuitable which may or may not
portfolio have a material effect on the risk characteristics of
the client’s total portfolio > discussed with the
• Managing a portfolio to a specific
client that it’s unsuitable
mandate, strategy, or style, they must
make only investment recommendations • If it has minimal impact > after discussing with the
or take only investment actions that are client about unsuitability > follow his firm’s policy
consistent with the stated objectives and with regard to unsuitable trades
constraints of the portfolio
• Material impact on the risk/return profile >
Required : Recommended :
• When communicating investment • Avoid misstating performance or misleading clients
performance information > make about investment performance of themselves or their
reasonable efforts to ensure that it is firms
fair, accurate, and complete
• Not misrepresent past performance or reasonably
expected performance
Required : Recommended :
• Consider the knowledge of audience to whom
performance presentation is addressed
Required : Recommended :
Keep information about current, former, and • If a client is involved in illegal activities > members
prospective clients confidential unless: may have an obligation to report to the authorities
IV C : Responsibility of Supervisors
IV A : Loyalty
Required : Recommended :
• In matters related to their employment > • Applicable to employees. Independent contractors >
act for the benefit of their employer and abide by agreement
not deprive their employer of the
• Place client interests above interests of their employer
advantage of their skills and abilities,
but consider the effects of their actions on firm integrity
divulge confidential information, or
and sustainability
otherwise cause harm to their employer
• No requirement that the employee put employer
interests ahead of family and other personal obligations
> balance these obligations with work obligations
Required : Recommended :
• Leaving an Employer > continue to act in their employer’s
best interests until resignation is effective Activities which
may constitute a violation include:
Ø Self-dealing
Required : Recommended :
• No prohibition on the use of experience or knowledge
gained while with a former employer
Required : Recommended :
• Not accept gifts, benefits, compensation, • Compensation includes both direct & indirect form
or consideration that competes with or
• Additional benefits are also included
might reasonably be expected to create a
conflict of interest with their employer’s • Written consent from employer includes email
Required : Recommended :
• Make reasonable efforts to ensure that • Make reasonable efforts to prevent as well as detect
anyone subject to their supervision or violations of laws, rules, regulations or code &
authority complies with applicable laws, standards by employees
rules, regulations, and the Code and
• Adequate compliance system must meet industry
Standards
standards, regulatory requirements, and the
requirements of the Code and Standards
Required : Recommended :
• Adopt a code of ethics. Don’t commingle
compliance procedures with the firm’s code of
ethics
Ø Be clearly written
Ø Be easy to understand
Required : Recommended :
• Once the compliance program is instituted, the
supervisor should:
V C : Record Retention
V A : Diligence and Reasonable Basis
Required : Recommended :
• Exercise diligence, independence, and • Level of research for due diligence depends on
thoroughness in analyzing investments, product/service offered
making investment recommendations,
• Prior to making recommendation or investment action
and taking investment actions
consider:
• Have a reasonable and adequate basis,
Ø Global and national economic conditions
supported by appropriate research and
Ø Firm’s financial and operating history & business
investigation, for any investment
cycle stage
analysis, recommendation or action
Ø Mutual fund’s fee & management history
Required : Recommended :
• Secondary or Third-Party Research > review it’s quality >
consider following :
Ø Review assumptions
Required : Recommended :
• Policy requiring that research reports, credit ratings &
investment recommendations have a reasonable &
adequate basis
Required : Recommended :
• Disclose to clients and prospective clients • Always include basic characteristics of security
the basic format and general principles of identified
the investment processes they use to
• Illustrate investment decision making process
analyze investments, select securities,
used
and construct portfolios and must
promptly disclose any changes that might • The standard does not confine communication
• Disclose to clients and prospective clients • Communicate any specific risk factors
Required : Recommended :
• Use reasonable judgment in identifying • Update clients regularly about changes in the
which factors are important to their investment process, risks and limitations newly
investment analyses, recommendations, identified
or actions and include those factors in
• Projections from quantitative models and analysis >
communications with clients and
explain the limitations of the model and the
prospective clients
assumptions it uses > this judging the uncertainty
• Distinguish between fact and opinion in regarding the estimated investment result
the presentation of investment analysis
• Inform clients about limitations inherent to an
and recommendations
investment > liquidity & capacity
Required : Recommended :
• Develop and maintain appropriate records • Maintain records that support conclusion or any
to support their investment analysis, investment action
recommendations, actions, and other
• Such records are property of the firm
investment-related communications with
clients and prospective clients • If regulatory requirements do not recommend,
maintain records for at least 7 years
VI B : Priority of Transaction
VI C : Referral Fees
VI A : Disclosure of Conflict
Required : Recommended :
• Make full and fair disclosure of all • Fully disclose to clients, prospects, employers > all actual
matters that could reasonably be and potential conflicts of interest in order to protect investors
expected to impair their and employers > let them judge any potential bias
independence and objectivity or
• Disclosure of :
interfere with respective duties to
their clients, prospective clients, Ø servicing as a board member
Required : Recommended :
• Investment transactions for clients • Prioritize client’s transactions over personal transactions &
and employers must have priority transactions made on behalf of the member’s firm
over investment transactions in
• Personal transactions may be undertaken after clients and
which a Member or Candidate is
employer have given adequate opportunity and time to act
the beneficial owner
upon an investment recommendation
Required : Recommended :
• Restrictions on private placements for investment personnel
Ø Preclearance procedures
Required : Recommended :
• Disclose to their employer, clients, and • Inform employers, clients and prospects of benefits
prospective clients, as appropriate, received for referrals of customers and clients >
any compensation, consideration, or allowing them to evaluate the full cost of the service as
benefit received from, or paid to, well as any potential partiality
others for the recommendation of
• All types of consideration must be disclosed
products or services
• Encourage firms to adopt procedures regarding
compensation for referrals
Required : Recommended :
• Not engage in any conduct that • Must not engage in any activity that undermines the
compromises the reputation or integrity integrity of CFA charter
of CFA Institute or the CFA designation
• Standard applies to:
or the integrity, validity, or security of
CFA Institute programs Ø Cheating in CFA or any CFAI exam
Required : Recommended :
• Members can express their opinion on CFA institute or
program
Ø Exam questions
Ø Scoring of question
VII B : Reference to CFA Institute, the CFA Designation, and the
CFA Program
Required : Recommended :
• Not misrepresent or exaggerate the • Do not over-promise individual competence
meaning or implication of membership
• Do not over promise future investment results
in CFA institute, holding the CFA
designation or candidacy in CFA • Sign PCS annually