Question #15

Reading: Reading 43 Application of the Code and Standards Level II

PDF File: Reading 43 Application of the Code and Standards Level II.pdf

Page: 10

Status: Correct

Correct Answer: A

Part of Context Group: Q14-15
Shared Context
of 16 Alpha Asset Management manages portfolios for clients with more than $10 million in assets. Bob Smith, a portfolio manager at Alpha, is planning to leave Alpha to set up company Beta Investment Management, to focus exclusively on clients with less than $10 million in assets. While he is still employed at Alpha, Smith begins to solicit (on his own time) potential clients with less than $10 million in assets – clients that Alpha has previously rejected for being too small. According to the Standards of Professional Conduct IV(A) related to duties to employer, Smith's solicitation of these clients is: A) acceptable as he is not in competition with his current employer. B) unacceptable as he may not engage in any activities to go into business while he is still employed by Alpha. C) unacceptable since the fact the Beta will not be in competition with Alpha is irrelevant. Glenarm Case Study (Refer to CFA Institute Standards of Practice Casebook for details.) Peter Sherman, CFA, has recently joined Glenarm Company after spending 5 years at Pearl Investment Management. He is responsible for identifying potential Latin American investments. Previously, Sherman held jobs as a consultant for many Latin American companies and had plans to continue such consulting jobs without disclosing anything to Glenarm. After resigning, but before leaving his employment at Pearl, Sherman had encouraged Pearl customers to move their accounts to Glenarm. He contacted accounts Pearl had been soliciting for business. He also contacted potential clients that Pearl had rejected in the past as too small or incompatible with the firm's business. Furthermore, he convinced several of Pearl's clients and prospects to hire Glenarm after he joined Glenarm. He also identified materials from Pearl to take with him, such as: 1. Sample marketing presentations he had prepared. 2. Computer program models for stock selection. 3. Research materials on companies he had been following. 4. A list of companies recommended by Sherman for potential investment which were rejected by Pearl. 5. News articles for potential research ideas.
Question
Sherman's attempt to lure away clients from Pearl while he was still employed at Pearl is:
Answer Choices:
A. because they would have followed Sherman to his new firm anyway, and no harm to Pearl was done as a result
B. a violation of Standard IV(
C. not a violation of Standard IV(
Explanation
An attempt, successful or not, to lure away existing clients of the current employer is a violation of Standard IV(A) as it causes damage to the employer's business. Others are incorrect because: "After hours" solicitation is not an excuse if it damages the employer's business; the fact that Pearl's clients were agreeable does not absolve Sherman of Standard IV(A) violation; even if Pearl's clients would have followed Sherman to his new employer anyway, Sherman, by soliciting such clients, damaged his employer's business. The focus is on Sherman's actions.
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