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一只可爱的猪 · 2022年07月17日

为什么拒绝了还要披露

Alexander Komm, a long-time colleague of Riser, is the founder of Komm Private Management, which provides asset management, advisory, and trust services to highnet-worth individuals. ‑e firm has several well-managed proprietary funds. Komm offers Riser a position with the firm as managing partner. Riser is flattered but declines the offer, explaining that he is very happy working at Swibank.

That same week, the subsidiary informs Riser that it needs an experienced fund manager to manage a new publicly-traded Japanese equity product. Riser is convinced that Komm Private Management would be qualified and recommends the firm for the new product. After a thorough search process, the subsidiary hires Komm Private Management for the new product.

Six months later, after numerous discussions, Komm finally convinces Riser to join Komm Private Management as a managing partner. ‑e following week, Riser submits his resignation to Swibank. His position on the board of the subsidiary is not dependent on his employment at the bank, and he agrees to serve the remaining three years of his term.

After signing and submitting his employment contract to Komm, Riser takes three weeks of vacation before starting his new position. During this time, he purchases 2,000 shares of the new Japanese equity product for his private account. When he begins working at Komm Private Management, he purchases a large block of shares in the Japanese equity product, which he allocates according to internal procedures to all accounts for which it is suitable.

When recommending Komm, does Riser violate any of the CFA Institute Standards?

A No

B Yes, relating to duties to employers 

C Yes, relating to disclosures of conflicts

答案:C

这里,他明明已经decline this offer,这样还要披露利益冲突吗?没有利益冲突啊

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王暄_品职助教 · 2022年07月19日

可是这样判断,是不是具有主观成分? 是潜在的利益冲突都要披露吗

不需要过多的主观分析,只要潜在利益都要披露

王暄_品职助教 · 2022年07月17日

在看是否有利益冲突的时候,最好从第三方的角度:你作为Riser的上司,当Riser推荐了Komm,但你事后发现Komm和Riser之前长期都是同事,且Komm给过Riser一个job offer(尽管Riser没有接受)。作为Riser的上司,会怀疑这里是否有利益冲突。


所以在做recommandation的时候,要披露关系,和之前发生过的会引起别人怀疑的潜在的利益冲突才行。

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