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游得过 · 2024年05月05日

解释一下吧,不太能理解本题意思

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NO.PZ202403070100001104

问题如下:

Which recommendation with regards to Tilton’s agreement is most likely insufficient to prevent a violation of CFA Institute Code of Ethics and Standards of Professional Conduct?

选项:

A.Recommendation 1 B.Recommendation 2 C.Recommendation 3

解释:

Solution
  1. Incorrect. Recommendation 1, “You need to draft an agreement outlining what you’re doing and how much they are paying you over the next year,” is necessary to address Tilton’s agreement with her previous employer. The written agreement should state the terms, which include the nature of the compensation, the approximate amount of compensation, and the duration of the agreement. Tilton’s agreement creates two different conflicts of interest. One with Duffy’s clients and potential clients and one between Tilton and her new employer.

  2. Correct. With regards to Tilton’s agreement with her previous employer, Recommendation 2, “You and your former employer need to sign the agreement,” is insufficient to prevent a violation of Standard IV(B), Additional Compensation. Standard IV(B) states that CFA Institute members and CFA candidates must not accept gifts, benefits, compensation, or consideration that competes with or might reasonably be expected to create a conflict of interest with their employer’s interest unless they obtain written consent from all parties involved. Duffy addresses the requirement for written consent in Recommendation 2, but it is incomplete. To be in compliance, Duffy should also sign the agreement, not just Tilton and her former employer. Recommendation 1, “You need to draft an agreement outlining what you’re doing and how much they are paying you over the next year,” does meet recommended procedures for compliance with Standard IV(B). The written agreement should state the terms, which include the nature of the compensation, the approximate amount of compensation, and the duration of the agreement. Tilton’s agreement creates two different conflicts of interest. One with Duffy’s clients and potential clients and one between Tilton and her new employer. The conflict of interest the agreement creates with Duffy’s clients is covered under Standard VI(A), Disclosure of Conflicts. Duffy addresses the requirements under Standard VI(A) in Recommendation 3, “We will also need to send notification to all our clients and potential clients disclosing the agreement.” Standard VI(A) states that members and candidates must make full and fair disclosure of all matters that could reasonably be expected to impair their independence and objectivity or interfere with respective duties to their clients, prospective clients, and employer. The second conflict of interest created by Tilton’s agreement is under Standard IV(B) and was addressed when Tilton disclosed the conflict to Duffy.

  3. Incorrect. Recommendation 3, “We will also need to send notification to all our clients and potential clients disclosing the agreement,” is necessary to address Tilton’s agreement with her previous employer. Standard VI(A) states that members and candidates must make full and fair disclosure of all matters that could reasonably be expected to impair their independence and objectivity or interfere with respective duties to their clients, prospective clients, and employer. The second conflict of interest created by Tilton’s agreement is under Standard IV(B) and was addressed when Tilton disclosed the conflict to Duffy.

Guidance for Standards I–VII
  • recommend practices and procedures designed to prevent violations of the Code of Ethics and Standards of Professional Conduct

解释一下吧,不太能理解本题意思

1 个答案

王暄_品职助教 · 2024年05月06日

题目描述了一个情境,其中Tilton与前任雇主达成了一项协议,并给出了三个建议来处理这个协议,以避免违反CFA的道德准则和专业行为标准。

现在,我来解释每个选项及相关的CFA准则:

A. Recommendation 1: 这个建议是起草一个明确的协议,概述Tilton将要做的事情以及在未来一年内她将获得的报酬。这个建议是必要的,因为它确保所有涉及的各方都明确了解协议的内容和条款,从而减少潜在的冲突和误解。这符合CFA标准IV(B),该标准要求成员在接受可能与其雇主的利益相冲突的任何形式的报酬、好处或补偿之前,必须获得所有相关方的书面同意。

B. Recommendation 2: 这个建议指出,Tilton和她的前雇主需要签署这份协议。然而,这个建议被认为是不充分的,因为它没有考虑到新雇主(Duffy)也应该是这个协议的一部分,以确保没有利益冲突。仅仅Tilton和前雇主签署可能不足以完全遵守CFA的道德准则,特别是当涉及到与当前雇主的潜在利益冲突时。

C. Recommendation 3: 这个建议是向所有现有和潜在客户通知这个协议的存在。这是必要的,以确保透明度和避免任何潜在的利益冲突。这符合CFA标准VI(A),该标准要求成员全面、公正地披露所有可能影响其独立性和客观性的事项,或可能干扰其对客户、潜在客户和雇主的职责的事项。

综上所述,题目询问的是哪个建议最可能不足以防止违反CFA的道德准则和专业行为标准。答案是B(Recommendation 2),因为这个建议没有充分考虑到所有相关方的利益,特别是新雇主的利益,从而可能导致潜在的冲突。

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