NO.PZ201604030300004702
问题如下:
Sebastian Riser, CFA, works as a portfolio manager for Swibank, a small private bank in Switzerland. Riser manages the accounts of his clients according to best practices, keeping clients’ interests before those of the bank and his own. He allocates investments in a fair manner when he deems them consistent with the stated objectives and constraints of clients.
Swibank has a Luxembourg subsidiary, which distributes fund-of-funds products. Riser recently received a request to serve on the board of directors for the subsidiary. In this role, Riser would advise management on business strategies; market opportunities; potential clients; and current and prospective fund managers. For his role on the board, Riser would receive an annual payment directly from the subsidiary equivalent to 5% of his total portfolio manager salary in Switzerland.
The following month, Riser accepts the position on the board. The subsidiary registers each new fund-of-funds product with regulatory authorities in Luxembourg and discloses Riser’s role as a board member in the required filings, which are public and readily available.
Riser serves as the contact person for the subsidiary’s institutional clients in Switzerland and participates in the subsidiary’s road shows in Switzerland. His role during these road shows varies. On some occasions, he simply attends the presentations while the operating management sells the products; on others he gives the actual presentation promoting the products. Riser’s name does not appear in the promotional material distributed at the road shows.
Alexander Komm, a long-time colleague of Riser, is the founder of Komm Private Management, which provides asset management, advisory, and trust services to high-net-worth individuals. The 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. The following week, Riser submits his resignation at the private bank. 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.
2. When participating in the road shows in Switzerland, Riser least likely violates the Standard relating to:
选项:
A.Disclosure of Conflicts.
B.Independence and Objectivity.
C.Additional Compensation Arrangements.
解释:
C is correct.
Riser least likely violates Standard IV(B) —Additional Compensation Arrangements when participating in the road shows. The Standard provides guidance regarding the acceptance and disclosure of compensation that might conflict with an employer’s interests. Participating in the road shows and receiving compensation from the subsidiary do not appear to conflict with his employer’s interests.
When participating in the road shows, Riser may violate Standards I(B) —Independence and Objectivity and VI(A) —Disclosure of Conflicts. The Standard relating to Independence and Objectivity requires that members use reasonable care and judgment to achieve and maintain independence and objectivity in their professional activities. Riser’s role as board member could jeopardize his objectivity and create a conflict of interest. Standard VI(A) —Disclosure of Conflicts requires that members make full and fair disclosure of all matters that could reasonably be expected to impair the independence and objectivity or interfere with respective duties to the clients, and prospective clients. Full disclosure allows clients to judge motives and possible biases for themselves. Riser does not appear to make adequate disclosure.
他在子公司的role是【In this role, Riser would advise management on business strategies; market opportunities; potential clients; and current and prospective fund managers.】
这些子公司的role和他在母公司的本职工作,是可能产生利益冲突的啊,所以他收到的5%的报酬,也涉及additional compensaiton