Test Prep CFA® Level 2 Exam Practice Questions (P. 3)
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Question #21
Montpier agreed. The goal of the new Malaysian office is to serve as a source of international investment opportunities for U.S. clients. Montpier's main task is to cover small-cap stocks in the region and develop a network of contacts with other investment firms in the region.
Through her interaction with other analysts in Malaysia, Montpier learns that the use of material nonpublic information is common practice in analyst research reports and recommendations. Such practice is not prohibited by law in Malaysia. Montpier is encouraged by this knowledge because she recently observed several investment bankers meeting numerous times at an exclusive local country club with the CEOs of two Malaysian rival companies. It is public information that one of the companies is searching for potential acquisition targets. She has thought several times about issuing a recommendation on one of the companies but has not done so for fear of breaking the law. After learning of the Malaysian insider trading laws, Montpier recommends the stock of the acquisition target, which she had already established as a good investment through prior research.
Montpier has also learned that Malaysian law is very lax regarding outside consulting arrangements by investment professionals. It is common for analysts and portfolio managers to maintain ongoing consulting contracts with entities other than their primary employer. As a result of this, Montpier has begun financial service consultations for members of a local investment club. The club is developing an appropriate compensation package for her services, which to date have included financial planning activities and investment research. When Montpier established the relationship with the investment club, she informed them that she had a full-time job at World Renowned Advisers, which offers similar services.
After a year of consulting with the investment club, Malaysian law changed, requiring investment bankers, securities analysts, and portfolio managers to register with the Malaysian Securities Commission in order to engage in independent consulting practice. Since she is unaware of the change, Montpier does not file the proper registration forms and is later investigated, fined, and temporarily sanctioned by the Malaysian Securities Commission. Montpier is able to have the sanction, but not the fine, removed after appealing the Commission's ruling. Montpier's counterpart in the New York office is Jim Taylor, who has worked as an analyst at World Renowned Advisors for approximately seven years. Taylor researches health care and biotech stocks for the firm and participates in client meetings when managers are recommending stocks that Taylor covers. Taylor recently completed Level 1 of the CFA examination and is waiting for his results so he can register for the Level 2 examination.
In preparation for a client meeting, Taylor's supervisor, Jessica James, asks him to prepare a research report on attractive companies in the health care industry.
Since Taylor is busy preparing for company conference calls, James tells him to "throw something together from the street." To meet James' request, Taylor obtains reports on Immune Healthcare and Remedy Corp., two companies that he has heard about but has not researched. Taylor takes the original reports he obtains from a third-party, adds some general industry information, and submits "strong buy" recommendations to James for the stocks. He does not credit the original authors in the report, which is a violation of copyright law. Taylor includes his qualifications in the report and mentions that he is a "Level 2 Candidate in the CFA Program." Although written procedures require James to review all analyst reports prior to release, time constraints often prevent her from reviewing the reports prior to distribution. James recommends the stocks to her clients, who then purchase them. Several months later, the clients are able to sell the Immune
Healthcare and Remedy Corp. shares at annualized rates of return of 21% and 17%, respectively. James informs Taylor of the clients' successful investments and requests that he begin investigating potential biotech investments for the same group of investors.
To gain insight on biotech stocks, Taylor registers for an upcoming medical study, where he and others will be the subject of testing for the efficacy of several new drugs. On his application, Taylor indicates that he has the appropriate medical condition for the study and signs a confidentiality agreement, but he leaves the question about his occupation blank. During the study, Taylor learns that two of the new drugs on which Next Breakthrough Corp. is awaiting regulatory approval have serious negative side effects in patient testing. This information confirms existing research that Taylor has been working on in the health care sector. At the conclusion of the study, Taylor sends an e-mail to his clients recommending that they "sell" Next Breakthrough Corp. Over the next two weeks. Next Breakthrough releases information that the drugs in question have been held up by a regulatory agency pending additional investigation. The stock plunges over 30% on the news.
In providing financial planning and investment research services to the investment club, has Montpier likely violated any CFA Institute Standards of Professional
Conduct?
- AYes. She has not received consent from her employer to all of the terms of the arrangement.
- BYes. She has not received verbal approval from her employer and written approval from her financial service client.
- CNo. She has not yet received any compensation for her consulting services and has informed her financial service client of her firm and its services.
A
Montpier is nor in compliance with Standard IV(R) Additional Compensation Airangements. She has undertaken an independent practice in competition with her employer, World Renowned Advisers, which will result in compensation without obtaining the prior consent of her employer to the terms of the arrangement.
Although no compensation has yet been paid to Montpier, she has still violated Standard IV(B). As a practical matter, in her statement to her employer, Montpier should include (1) the types of services to be provided, (2) expected time frame of the services, and (3) compensation to be received. (Study Session 1, LOS 2.a)

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Question #22
Montpier agreed. The goal of the new Malaysian office is to serve as a source of international investment opportunities for U.S. clients. Montpier's main task is to cover small-cap stocks in the region and develop a network of contacts with other investment firms in the region.
Through her interaction with other analysts in Malaysia, Montpier learns that the use of material nonpublic information is common practice in analyst research reports and recommendations. Such practice is not prohibited by law in Malaysia. Montpier is encouraged by this knowledge because she recently observed several investment bankers meeting numerous times at an exclusive local country club with the CEOs of two Malaysian rival companies. It is public information that one of the companies is searching for potential acquisition targets. She has thought several times about issuing a recommendation on one of the companies but has not done so for fear of breaking the law. After learning of the Malaysian insider trading laws, Montpier recommends the stock of the acquisition target, which she had already established as a good investment through prior research.
Montpier has also learned that Malaysian law is very lax regarding outside consulting arrangements by investment professionals. It is common for analysts and portfolio managers to maintain ongoing consulting contracts with entities other than their primary employer. As a result of this, Montpier has begun financial service consultations for members of a local investment club. The club is developing an appropriate compensation package for her services, which to date have included financial planning activities and investment research. When Montpier established the relationship with the investment club, she informed them that she had a full-time job at World Renowned Advisers, which offers similar services.
After a year of consulting with the investment club, Malaysian law changed, requiring investment bankers, securities analysts, and portfolio managers to register with the Malaysian Securities Commission in order to engage in independent consulting practice. Since she is unaware of the change, Montpier does not file the proper registration forms and is later investigated, fined, and temporarily sanctioned by the Malaysian Securities Commission. Montpier is able to have the sanction, but not the fine, removed after appealing the Commission's ruling. Montpier's counterpart in the New York office is Jim Taylor, who has worked as an analyst at World Renowned Advisors for approximately seven years. Taylor researches health care and biotech stocks for the firm and participates in client meetings when managers are recommending stocks that Taylor covers. Taylor recently completed Level 1 of the CFA examination and is waiting for his results so he can register for the Level 2 examination.
In preparation for a client meeting, Taylor's supervisor, Jessica James, asks him to prepare a research report on attractive companies in the health care industry.
Since Taylor is busy preparing for company conference calls, James tells him to "throw something together from the street." To meet James' request, Taylor obtains reports on Immune Healthcare and Remedy Corp., two companies that he has heard about but has not researched. Taylor takes the original reports he obtains from a third-party, adds some general industry information, and submits "strong buy" recommendations to James for the stocks. He does not credit the original authors in the report, which is a violation of copyright law. Taylor includes his qualifications in the report and mentions that he is a "Level 2 Candidate in the CFA Program." Although written procedures require James to review all analyst reports prior to release, time constraints often prevent her from reviewing the reports prior to distribution. James recommends the stocks to her clients, who then purchase them. Several months later, the clients are able to sell the Immune
Healthcare and Remedy Corp. shares at annualized rates of return of 21% and 17%, respectively. James informs Taylor of the clients' successful investments and requests that he begin investigating potential biotech investments for the same group of investors.
To gain insight on biotech stocks, Taylor registers for an upcoming medical study, where he and others will be the subject of testing for the efficacy of several new drugs. On his application, Taylor indicates that he has the appropriate medical condition for the study and signs a confidentiality agreement, but he leaves the question about his occupation blank. During the study, Taylor learns that two of the new drugs on which Next Breakthrough Corp. is awaiting regulatory approval have serious negative side effects in patient testing. This information confirms existing research that Taylor has been working on in the health care sector. At the conclusion of the study, Taylor sends an e-mail to his clients recommending that they "sell" Next Breakthrough Corp. Over the next two weeks. Next Breakthrough releases information that the drugs in question have been held up by a regulatory agency pending additional investigation. The stock plunges over 30% on the news.
In referencing his participation in the CFA program, has Taylor likely violated any CFA Institute Standards of Professional Conduct?
- ANo, since he did not imply superior investment ability as a result of his candidacy.
- BYes, since he must refer to himself as a Level 1 candidate, not a Level 2 candidate.
- CNo, since he appropriately referenced his candidacy and did not imply a partial designation.
B
According to Standard VH(B), Taylor may reference his participation or candidate status in the CFA program but must not misrepresent the meaning of his participation. Taylor has taken the Level 1 exam but has not received his results or registered for the next exam. Therefore, he may refer to himself as a Level 1 candidate but not as a Level 2 candidate. (Study Session 1, LOS 2.a)

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Question #23
Montpier agreed. The goal of the new Malaysian office is to serve as a source of international investment opportunities for U.S. clients. Montpier's main task is to cover small-cap stocks in the region and develop a network of contacts with other investment firms in the region.
Through her interaction with other analysts in Malaysia, Montpier learns that the use of material nonpublic information is common practice in analyst research reports and recommendations. Such practice is not prohibited by law in Malaysia. Montpier is encouraged by this knowledge because she recently observed several investment bankers meeting numerous times at an exclusive local country club with the CEOs of two Malaysian rival companies. It is public information that one of the companies is searching for potential acquisition targets. She has thought several times about issuing a recommendation on one of the companies but has not done so for fear of breaking the law. After learning of the Malaysian insider trading laws, Montpier recommends the stock of the acquisition target, which she had already established as a good investment through prior research.
Montpier has also learned that Malaysian law is very lax regarding outside consulting arrangements by investment professionals. It is common for analysts and portfolio managers to maintain ongoing consulting contracts with entities other than their primary employer. As a result of this, Montpier has begun financial service consultations for members of a local investment club. The club is developing an appropriate compensation package for her services, which to date have included financial planning activities and investment research. When Montpier established the relationship with the investment club, she informed them that she had a full-time job at World Renowned Advisers, which offers similar services.
After a year of consulting with the investment club, Malaysian law changed, requiring investment bankers, securities analysts, and portfolio managers to register with the Malaysian Securities Commission in order to engage in independent consulting practice. Since she is unaware of the change, Montpier does not file the proper registration forms and is later investigated, fined, and temporarily sanctioned by the Malaysian Securities Commission. Montpier is able to have the sanction, but not the fine, removed after appealing the Commission's ruling. Montpier's counterpart in the New York office is Jim Taylor, who has worked as an analyst at World Renowned Advisors for approximately seven years. Taylor researches health care and biotech stocks for the firm and participates in client meetings when managers are recommending stocks that Taylor covers. Taylor recently completed Level 1 of the CFA examination and is waiting for his results so he can register for the Level 2 examination.
In preparation for a client meeting, Taylor's supervisor, Jessica James, asks him to prepare a research report on attractive companies in the health care industry.
Since Taylor is busy preparing for company conference calls, James tells him to "throw something together from the street." To meet James' request, Taylor obtains reports on Immune Healthcare and Remedy Corp., two companies that he has heard about but has not researched. Taylor takes the original reports he obtains from a third-party, adds some general industry information, and submits "strong buy" recommendations to James for the stocks. He does not credit the original authors in the report, which is a violation of copyright law. Taylor includes his qualifications in the report and mentions that he is a "Level 2 Candidate in the CFA Program." Although written procedures require James to review all analyst reports prior to release, time constraints often prevent her from reviewing the reports prior to distribution. James recommends the stocks to her clients, who then purchase them. Several months later, the clients are able to sell the Immune
Healthcare and Remedy Corp. shares at annualized rates of return of 21% and 17%, respectively. James informs Taylor of the clients' successful investments and requests that he begin investigating potential biotech investments for the same group of investors.
To gain insight on biotech stocks, Taylor registers for an upcoming medical study, where he and others will be the subject of testing for the efficacy of several new drugs. On his application, Taylor indicates that he has the appropriate medical condition for the study and signs a confidentiality agreement, but he leaves the question about his occupation blank. During the study, Taylor learns that two of the new drugs on which Next Breakthrough Corp. is awaiting regulatory approval have serious negative side effects in patient testing. This information confirms existing research that Taylor has been working on in the health care sector. At the conclusion of the study, Taylor sends an e-mail to his clients recommending that they "sell" Next Breakthrough Corp. Over the next two weeks. Next Breakthrough releases information that the drugs in question have been held up by a regulatory agency pending additional investigation. The stock plunges over 30% on the news.
In creating his report on Immune Healthcare and Remedy Corp., Taylor likely violated the CFA Institute Standards of Professional Conduct for all of the following reasons except that he failed to:
- Agive proper credit to the sources of information used in his report.
- Bestablish a reasonable and adequate basis for his recommendation.
- Cdetermine the suitability of the investment for his firm's clients.
C
Standard 1(C) Misrepresentation is violated because Taylor uses research reports from outside the firm without acknowledging or identifying the original author(s) of the reports. Although Taylor added "some general industry information" and indicated a "strong buy" rating, he must still credit the original author(s) for the material that he did not create. A violation of Standard 1(C) involving plagiarism also causes a violation of Standard 1(A) Knowledge of the Law, which prohibits knowingly violating any laws, rules, or regulations. The unauthorized use of the external research material violates copyright laws, as Taylor did not obtain permission to use information from the research reports. Taylor violated Standard V(A) Diligence and Reasonable Basis because he does not appear to have exercised diligence and thoroughness in making his investment recommendation, nor does he have a reasonable and adequate basis for his recommendation.
The fact that Taylor has not researched the companies in his report and uses the research information provided by another analyst indicates that he has not adequately investigated and supported his recommendation. Because Taylor is not recommending the investment to a particular client, his recommendation docs not violate Standard III(C) Suitability. If he had been making investment recommendations or taking investment action on the behalf of a client as part of an advisory relationship, he would have needed to establish that the investment was appropriate for the client's portfolio. (Study Session 1, LOS 2.a)

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Question #24
Montpier agreed. The goal of the new Malaysian office is to serve as a source of international investment opportunities for U.S. clients. Montpier's main task is to cover small-cap stocks in the region and develop a network of contacts with other investment firms in the region.
Through her interaction with other analysts in Malaysia, Montpier learns that the use of material nonpublic information is common practice in analyst research reports and recommendations. Such practice is not prohibited by law in Malaysia. Montpier is encouraged by this knowledge because she recently observed several investment bankers meeting numerous times at an exclusive local country club with the CEOs of two Malaysian rival companies. It is public information that one of the companies is searching for potential acquisition targets. She has thought several times about issuing a recommendation on one of the companies but has not done so for fear of breaking the law. After learning of the Malaysian insider trading laws, Montpier recommends the stock of the acquisition target, which she had already established as a good investment through prior research.
Montpier has also learned that Malaysian law is very lax regarding outside consulting arrangements by investment professionals. It is common for analysts and portfolio managers to maintain ongoing consulting contracts with entities other than their primary employer. As a result of this, Montpier has begun financial service consultations for members of a local investment club. The club is developing an appropriate compensation package for her services, which to date have included financial planning activities and investment research. When Montpier established the relationship with the investment club, she informed them that she had a full-time job at World Renowned Advisers, which offers similar services.
After a year of consulting with the investment club, Malaysian law changed, requiring investment bankers, securities analysts, and portfolio managers to register with the Malaysian Securities Commission in order to engage in independent consulting practice. Since she is unaware of the change, Montpier does not file the proper registration forms and is later investigated, fined, and temporarily sanctioned by the Malaysian Securities Commission. Montpier is able to have the sanction, but not the fine, removed after appealing the Commission's ruling. Montpier's counterpart in the New York office is Jim Taylor, who has worked as an analyst at World Renowned Advisors for approximately seven years. Taylor researches health care and biotech stocks for the firm and participates in client meetings when managers are recommending stocks that Taylor covers. Taylor recently completed Level 1 of the CFA examination and is waiting for his results so he can register for the Level 2 examination.
In preparation for a client meeting, Taylor's supervisor, Jessica James, asks him to prepare a research report on attractive companies in the health care industry.
Since Taylor is busy preparing for company conference calls, James tells him to "throw something together from the street." To meet James' request, Taylor obtains reports on Immune Healthcare and Remedy Corp., two companies that he has heard about but has not researched. Taylor takes the original reports he obtains from a third-party, adds some general industry information, and submits "strong buy" recommendations to James for the stocks. He does not credit the original authors in the report, which is a violation of copyright law. Taylor includes his qualifications in the report and mentions that he is a "Level 2 Candidate in the CFA Program." Although written procedures require James to review all analyst reports prior to release, time constraints often prevent her from reviewing the reports prior to distribution. James recommends the stocks to her clients, who then purchase them. Several months later, the clients are able to sell the Immune
Healthcare and Remedy Corp. shares at annualized rates of return of 21% and 17%, respectively. James informs Taylor of the clients' successful investments and requests that he begin investigating potential biotech investments for the same group of investors.
To gain insight on biotech stocks, Taylor registers for an upcoming medical study, where he and others will be the subject of testing for the efficacy of several new drugs. On his application, Taylor indicates that he has the appropriate medical condition for the study and signs a confidentiality agreement, but he leaves the question about his occupation blank. During the study, Taylor learns that two of the new drugs on which Next Breakthrough Corp. is awaiting regulatory approval have serious negative side effects in patient testing. This information confirms existing research that Taylor has been working on in the health care sector. At the conclusion of the study, Taylor sends an e-mail to his clients recommending that they "sell" Next Breakthrough Corp. Over the next two weeks. Next Breakthrough releases information that the drugs in question have been held up by a regulatory agency pending additional investigation. The stock plunges over 30% on the news.
By using the information obtained as a result of participating in the drug study, did Taylor likely violate any CFA Institute Standards of Professional Conduct?
- AYes.
- BNo. By participating in the study, Taylor had permission to use the information for the benefit of his clients.
- CNo. The information received supplemented Taylor's existing research and was non-material, nonpublic information.
A
Although the information received supplemented Taylors current research, it was material, nonpublic information. The fact that Taylor obtained the information by participating in a confidential study, and the fact that once the news was eventually released by Next Breakthrough the stock plunged by over 30%, confirms that the information was material and nonpublic. Taylors sell recommendation to clients based on the information received was a violation of Standard 11(A) Material
Nonpublic Information, which prohibits trading or causing others to trade on material nonpublic information. (Study Session 1, LOS 2.a)

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Question #25
Khasko Financiar.vZoftding does not like to hire anyone who does not adhere to the Code and Standards' professional conduct requirements.
The background check reveals the following:
(i) While doing a full-time, unpaid internship at Kale Investments, Cooken was reprimanded for working a 30-hour-a-week night job as a waitress.
(ii) As an intern at Lammar Corp., Cooken was fired after revealing to the FBI that one of the principals was embezzling from the firm's clients.
(iii) Cooken performed 40 hours of community service in relation to a conviction on a misdemeanor drug possession charge when she was 16 years old.
(iv) On her resume, Cooken writes, "Recently passed Level 2 of the CFA exam, a test that measures candidates' knowledge of finance and investing."
During the interview, Zonding asks Cooken several questions on ethics-related issues, including questions about the role of a fiduciary and Standard III(E)
Preservation of Confidentiality. He asks her about her internship at Kale Investments, specifically about the working hours. Cooken replies that the internship turned out to require more time than she originally planned, up to 65 hours per week.
Zonding subsequently hires Cooken and functions as her supervisor. On her third day at the money management boutique firm, portfolio manager Steven
Garrison hands her a report on Mocline Tobacco and tells her to revise the report to reflect a buy rating. Cooken is uncomfortable about revising the report.
To supplement the meager income from her entry-level stock-analysis job, Cooken looks for part-time work. She is offered a position working three hours each
Friday and Saturday night tending bar at a sports bar and grill downtown. Cooken does not tell her employer about the job.
During her first week, Cooken has lunch with former MBA classmates, including Taira Basch, CFA, who works for the compliance officer at a large investment bank in town. Basch arrives late, explaining, "What a day, it's only noon and already I have worked on the following requests:
1. A federal regulator called and wanted information on potentially illegal activities related to one of the firm's key clients.
2. A rival company's employee wanted information regarding employment opportunities at the firm.
3. A potential client contacted an employee and wanted detailed performance records of client accounts so he can decide whether to invest with the firm."
Basch goes on to say that she is responsible for developing a presentation on the differences between the Prudent Investor and the Prudent Man rules for managing trust portfolios. Basch explains to Cooken that the Prudent Investor rule requires a trustee to exercise five fiduciary standards in managing the assets of a trust account, including care, skill, caution, loyalty, and impartiality. She states that although there are many differences between the Prudent Man and the newer
Prudent Investor rule, one element of continuity is the duty of the trustee to delegate investment authority in the event that the trustee lacks sufficient investment knowledge.
Toward the end of the lunch meeting, Basch suggests that in exchange for research published by Cooken and Khasko, Basch can have portfolio managers at her firm send clients that are too small for their firm to Khasko. Since Khasko specializes in clients with smaller portfolios, the arrangement sounds like a good idea to
Cooken. Cooken tells Basch that she will think the arrangement over and get back with her next week with a decision.
In the context of the Code and Standards, which of the items from the background check would most likely indicate that Zonding should not have hired Cooken?
- AItem i.
- BItem ii.
- CItem iii.
A
Item (i) is a likely violation of the Code and Standards. Working as a waitress is not a conflict of interest for an investment analyst, but Cooken's employer can reasonably assume that a 30-hour-a-week side job could be tiring, depriving the company of her skills and ability during her internship which would violate
Standard IV(A) Loyalty (to employer).
Cooken's description of the CFA exam is accurate, and she takes no liberties with a title. Thus she has not violated Standard VII{B) Reference to CFA Institute, the CFA Designation, and the CFA Program.
One conviction as a teenager before working as an investment professional is not a violation of Standard 1(D) Misconduct. Standard IV(A) Loyalty (to employer) does not hold when illegal activities are involved, and Cooken's willingness to talk to the FBI would most likely not be considered a violation. The Standards do suggest, however, that the member consult with his employer's compliance personnel or outside counsel before disclosing any confidential client information.
(Study Session 1, LOS 2.a)

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Question #26
Khasko Financiar.vZoftding does not like to hire anyone who does not adhere to the Code and Standards' professional conduct requirements.
The background check reveals the following:
(i) While doing a full-time, unpaid internship at Kale Investments, Cooken was reprimanded for working a 30-hour-a-week night job as a waitress.
(ii) As an intern at Lammar Corp., Cooken was fired after revealing to the FBI that one of the principals was embezzling from the firm's clients.
(iii) Cooken performed 40 hours of community service in relation to a conviction on a misdemeanor drug possession charge when she was 16 years old.
(iv) On her resume, Cooken writes, "Recently passed Level 2 of the CFA exam, a test that measures candidates' knowledge of finance and investing."
During the interview, Zonding asks Cooken several questions on ethics-related issues, including questions about the role of a fiduciary and Standard III(E)
Preservation of Confidentiality. He asks her about her internship at Kale Investments, specifically about the working hours. Cooken replies that the internship turned out to require more time than she originally planned, up to 65 hours per week.
Zonding subsequently hires Cooken and functions as her supervisor. On her third day at the money management boutique firm, portfolio manager Steven
Garrison hands her a report on Mocline Tobacco and tells her to revise the report to reflect a buy rating. Cooken is uncomfortable about revising the report.
To supplement the meager income from her entry-level stock-analysis job, Cooken looks for part-time work. She is offered a position working three hours each
Friday and Saturday night tending bar at a sports bar and grill downtown. Cooken does not tell her employer about the job.
During her first week, Cooken has lunch with former MBA classmates, including Taira Basch, CFA, who works for the compliance officer at a large investment bank in town. Basch arrives late, explaining, "What a day, it's only noon and already I have worked on the following requests:
1. A federal regulator called and wanted information on potentially illegal activities related to one of the firm's key clients.
2. A rival company's employee wanted information regarding employment opportunities at the firm.
3. A potential client contacted an employee and wanted detailed performance records of client accounts so he can decide whether to invest with the firm."
Basch goes on to say that she is responsible for developing a presentation on the differences between the Prudent Investor and the Prudent Man rules for managing trust portfolios. Basch explains to Cooken that the Prudent Investor rule requires a trustee to exercise five fiduciary standards in managing the assets of a trust account, including care, skill, caution, loyalty, and impartiality. She states that although there are many differences between the Prudent Man and the newer
Prudent Investor rule, one element of continuity is the duty of the trustee to delegate investment authority in the event that the trustee lacks sufficient investment knowledge.
Toward the end of the lunch meeting, Basch suggests that in exchange for research published by Cooken and Khasko, Basch can have portfolio managers at her firm send clients that are too small for their firm to Khasko. Since Khasko specializes in clients with smaller portfolios, the arrangement sounds like a good idea to
Cooken. Cooken tells Basch that she will think the arrangement over and get back with her next week with a decision.
Which of the following statements provides the least appropriate , justification for Cooken's caution about revising the report on Mocline Tobacco?
- ACooken knows next to nothing about Mocline stock.
- BCooken's uncle, George Whales, is the CFO of Mocline.
- CIn college, Cooken worked for Mocline but never declared the income on her taxes.
C
While Cookcn's tax avoidance may represent a professional-conduct issue, it has no bearing on her ability to write a report on Mocline. While damson may be an expert on Mocline Tobacco, Cooken does not know enough about the stock to write about it without taking the risk of being in violation of Standard V(A) Diligence and Reasonable Basis. Because of Cooken's relationship to the CFO of Mocline and ownership of Mocline stock, her objectivity might be questioned. (Study
Session 1, LOS 2.a)

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Question #27
Khasko Financiar.vZoftding does not like to hire anyone who does not adhere to the Code and Standards' professional conduct requirements.
The background check reveals the following:
(i) While doing a full-time, unpaid internship at Kale Investments, Cooken was reprimanded for working a 30-hour-a-week night job as a waitress.
(ii) As an intern at Lammar Corp., Cooken was fired after revealing to the FBI that one of the principals was embezzling from the firm's clients.
(iii) Cooken performed 40 hours of community service in relation to a conviction on a misdemeanor drug possession charge when she was 16 years old.
(iv) On her resume, Cooken writes, "Recently passed Level 2 of the CFA exam, a test that measures candidates' knowledge of finance and investing."
During the interview, Zonding asks Cooken several questions on ethics-related issues, including questions about the role of a fiduciary and Standard III(E)
Preservation of Confidentiality. He asks her about her internship at Kale Investments, specifically about the working hours. Cooken replies that the internship turned out to require more time than she originally planned, up to 65 hours per week.
Zonding subsequently hires Cooken and functions as her supervisor. On her third day at the money management boutique firm, portfolio manager Steven
Garrison hands her a report on Mocline Tobacco and tells her to revise the report to reflect a buy rating. Cooken is uncomfortable about revising the report.
To supplement the meager income from her entry-level stock-analysis job, Cooken looks for part-time work. She is offered a position working three hours each
Friday and Saturday night tending bar at a sports bar and grill downtown. Cooken does not tell her employer about the job.
During her first week, Cooken has lunch with former MBA classmates, including Taira Basch, CFA, who works for the compliance officer at a large investment bank in town. Basch arrives late, explaining, "What a day, it's only noon and already I have worked on the following requests:
1. A federal regulator called and wanted information on potentially illegal activities related to one of the firm's key clients.
2. A rival company's employee wanted information regarding employment opportunities at the firm.
3. A potential client contacted an employee and wanted detailed performance records of client accounts so he can decide whether to invest with the firm."
Basch goes on to say that she is responsible for developing a presentation on the differences between the Prudent Investor and the Prudent Man rules for managing trust portfolios. Basch explains to Cooken that the Prudent Investor rule requires a trustee to exercise five fiduciary standards in managing the assets of a trust account, including care, skill, caution, loyalty, and impartiality. She states that although there are many differences between the Prudent Man and the newer
Prudent Investor rule, one element of continuity is the duty of the trustee to delegate investment authority in the event that the trustee lacks sufficient investment knowledge.
Toward the end of the lunch meeting, Basch suggests that in exchange for research published by Cooken and Khasko, Basch can have portfolio managers at her firm send clients that are too small for their firm to Khasko. Since Khasko specializes in clients with smaller portfolios, the arrangement sounds like a good idea to
Cooken. Cooken tells Basch that she will think the arrangement over and get back with her next week with a decision.
By not telling Zonding about the bartending position, Cooken has most likely violated:
- Ano Standards.
- BStandard IV(B) Additional Compensation Arrangements.
- CStandard IV(A) Loyalty (to employer) and Standard IV(B) Additional Compensation Arrangements.
A
Standard IV(A) Loyalty (to employer) requires that members and candidates act for the benefit of their employer and not deprive the employer of their skills and abilities. In addition, members and candidates must not cause harm to their employers. It's safe to say that a bar does not compete with a stock-analysis company, and a 6-hour-a-week part-time job should not interfere with her ability to perform analysis duties. Standard IV(B) Additional Compensation Arrangements relates to additional compensation related to an employee's services to the employer. The moonlighting is not related to her analysis job and, as such, does not violate the standard. There is nothing inherently unethical about working as a bartender, and moonlighting as a barkeeper does not compromise Cooken's professional reputation, integrity, or competence. Thus, Standard 1(D) Misconduct has not been violated. (Study Session 1, LOS 2.a)

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Question #28
Khasko Financiar.vZoftding does not like to hire anyone who does not adhere to the Code and Standards' professional conduct requirements.
The background check reveals the following:
(i) While doing a full-time, unpaid internship at Kale Investments, Cooken was reprimanded for working a 30-hour-a-week night job as a waitress.
(ii) As an intern at Lammar Corp., Cooken was fired after revealing to the FBI that one of the principals was embezzling from the firm's clients.
(iii) Cooken performed 40 hours of community service in relation to a conviction on a misdemeanor drug possession charge when she was 16 years old.
(iv) On her resume, Cooken writes, "Recently passed Level 2 of the CFA exam, a test that measures candidates' knowledge of finance and investing."
During the interview, Zonding asks Cooken several questions on ethics-related issues, including questions about the role of a fiduciary and Standard III(E)
Preservation of Confidentiality. He asks her about her internship at Kale Investments, specifically about the working hours. Cooken replies that the internship turned out to require more time than she originally planned, up to 65 hours per week.
Zonding subsequently hires Cooken and functions as her supervisor. On her third day at the money management boutique firm, portfolio manager Steven
Garrison hands her a report on Mocline Tobacco and tells her to revise the report to reflect a buy rating. Cooken is uncomfortable about revising the report.
To supplement the meager income from her entry-level stock-analysis job, Cooken looks for part-time work. She is offered a position working three hours each
Friday and Saturday night tending bar at a sports bar and grill downtown. Cooken does not tell her employer about the job.
During her first week, Cooken has lunch with former MBA classmates, including Taira Basch, CFA, who works for the compliance officer at a large investment bank in town. Basch arrives late, explaining, "What a day, it's only noon and already I have worked on the following requests:
1. A federal regulator called and wanted information on potentially illegal activities related to one of the firm's key clients.
2. A rival company's employee wanted information regarding employment opportunities at the firm.
3. A potential client contacted an employee and wanted detailed performance records of client accounts so he can decide whether to invest with the firm."
Basch goes on to say that she is responsible for developing a presentation on the differences between the Prudent Investor and the Prudent Man rules for managing trust portfolios. Basch explains to Cooken that the Prudent Investor rule requires a trustee to exercise five fiduciary standards in managing the assets of a trust account, including care, skill, caution, loyalty, and impartiality. She states that although there are many differences between the Prudent Man and the newer
Prudent Investor rule, one element of continuity is the duty of the trustee to delegate investment authority in the event that the trustee lacks sufficient investment knowledge.
Toward the end of the lunch meeting, Basch suggests that in exchange for research published by Cooken and Khasko, Basch can have portfolio managers at her firm send clients that are too small for their firm to Khasko. Since Khasko specializes in clients with smaller portfolios, the arrangement sounds like a good idea to
Cooken. Cooken tells Basch that she will think the arrangement over and get back with her next week with a decision.
Which of the requests, if fulfilled, is most likely to place Basch in violation of Standard III(E) Preservation of Confidentiality?
- ARequest 1.
- BRequest 2.
- CRequest 3.
C
Request 3 is a likely violation. Potential clients are not entitled to performance data beyond what the company chooses to disclose. Providing data, particularly client-specific data, could he a violation of the clients' confidentiality.
Members and candidates must answer questions asked by CFA Institutes Professional Conduct Program. Members and candidates may report illegal activities
(and in some cases may have a legal obligation to report such activities) on the parr of clients without fear of violating Standard 111(E) Preservation of
Confidentiality, so 1 is not likely a violation. And unless the firm's policy requires silence about job openings, answering questions about them is ethical, if not always wise, so 2 is not likely a violation. (Study Session 1, LOS 2.a)

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Question #29
Khasko Financiar.vZoftding does not like to hire anyone who does not adhere to the Code and Standards' professional conduct requirements.
The background check reveals the following:
(i) While doing a full-time, unpaid internship at Kale Investments, Cooken was reprimanded for working a 30-hour-a-week night job as a waitress.
(ii) As an intern at Lammar Corp., Cooken was fired after revealing to the FBI that one of the principals was embezzling from the firm's clients.
(iii) Cooken performed 40 hours of community service in relation to a conviction on a misdemeanor drug possession charge when she was 16 years old.
(iv) On her resume, Cooken writes, "Recently passed Level 2 of the CFA exam, a test that measures candidates' knowledge of finance and investing."
During the interview, Zonding asks Cooken several questions on ethics-related issues, including questions about the role of a fiduciary and Standard III(E)
Preservation of Confidentiality. He asks her about her internship at Kale Investments, specifically about the working hours. Cooken replies that the internship turned out to require more time than she originally planned, up to 65 hours per week.
Zonding subsequently hires Cooken and functions as her supervisor. On her third day at the money management boutique firm, portfolio manager Steven
Garrison hands her a report on Mocline Tobacco and tells her to revise the report to reflect a buy rating. Cooken is uncomfortable about revising the report.
To supplement the meager income from her entry-level stock-analysis job, Cooken looks for part-time work. She is offered a position working three hours each
Friday and Saturday night tending bar at a sports bar and grill downtown. Cooken does not tell her employer about the job.
During her first week, Cooken has lunch with former MBA classmates, including Taira Basch, CFA, who works for the compliance officer at a large investment bank in town. Basch arrives late, explaining, "What a day, it's only noon and already I have worked on the following requests:
1. A federal regulator called and wanted information on potentially illegal activities related to one of the firm's key clients.
2. A rival company's employee wanted information regarding employment opportunities at the firm.
3. A potential client contacted an employee and wanted detailed performance records of client accounts so he can decide whether to invest with the firm."
Basch goes on to say that she is responsible for developing a presentation on the differences between the Prudent Investor and the Prudent Man rules for managing trust portfolios. Basch explains to Cooken that the Prudent Investor rule requires a trustee to exercise five fiduciary standards in managing the assets of a trust account, including care, skill, caution, loyalty, and impartiality. She states that although there are many differences between the Prudent Man and the newer
Prudent Investor rule, one element of continuity is the duty of the trustee to delegate investment authority in the event that the trustee lacks sufficient investment knowledge.
Toward the end of the lunch meeting, Basch suggests that in exchange for research published by Cooken and Khasko, Basch can have portfolio managers at her firm send clients that are too small for their firm to Khasko. Since Khasko specializes in clients with smaller portfolios, the arrangement sounds like a good idea to
Cooken. Cooken tells Basch that she will think the arrangement over and get back with her next week with a decision.
Is Basch correct or incorrect with regard to her statement about the five required fiduciary standards and her statement about the duty to delegate investment authority?
- AIncorrect about fiduciary standards only.
- BIncorrect about delegation of authority only.
- CIncorrect about fiduciary standards and delegation of authority.
B
The five general fiduciary standards for a trustee that carry over from the old Prudent Man Rule to the new Prudent Investor Rule arc care, caution, impartiality, loyalty, and skill. The ability to delegate investment authority is a new feature of the Prudent Investor rule that was prohibited under the Prudent Man rule. (Study
Session 2, LOS 10-c)

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Question #30
Khasko Financiar.vZoftding does not like to hire anyone who does not adhere to the Code and Standards' professional conduct requirements.
The background check reveals the following:
(i) While doing a full-time, unpaid internship at Kale Investments, Cooken was reprimanded for working a 30-hour-a-week night job as a waitress.
(ii) As an intern at Lammar Corp., Cooken was fired after revealing to the FBI that one of the principals was embezzling from the firm's clients.
(iii) Cooken performed 40 hours of community service in relation to a conviction on a misdemeanor drug possession charge when she was 16 years old.
(iv) On her resume, Cooken writes, "Recently passed Level 2 of the CFA exam, a test that measures candidates' knowledge of finance and investing."
During the interview, Zonding asks Cooken several questions on ethics-related issues, including questions about the role of a fiduciary and Standard III(E)
Preservation of Confidentiality. He asks her about her internship at Kale Investments, specifically about the working hours. Cooken replies that the internship turned out to require more time than she originally planned, up to 65 hours per week.
Zonding subsequently hires Cooken and functions as her supervisor. On her third day at the money management boutique firm, portfolio manager Steven
Garrison hands her a report on Mocline Tobacco and tells her to revise the report to reflect a buy rating. Cooken is uncomfortable about revising the report.
To supplement the meager income from her entry-level stock-analysis job, Cooken looks for part-time work. She is offered a position working three hours each
Friday and Saturday night tending bar at a sports bar and grill downtown. Cooken does not tell her employer about the job.
During her first week, Cooken has lunch with former MBA classmates, including Taira Basch, CFA, who works for the compliance officer at a large investment bank in town. Basch arrives late, explaining, "What a day, it's only noon and already I have worked on the following requests:
1. A federal regulator called and wanted information on potentially illegal activities related to one of the firm's key clients.
2. A rival company's employee wanted information regarding employment opportunities at the firm.
3. A potential client contacted an employee and wanted detailed performance records of client accounts so he can decide whether to invest with the firm."
Basch goes on to say that she is responsible for developing a presentation on the differences between the Prudent Investor and the Prudent Man rules for managing trust portfolios. Basch explains to Cooken that the Prudent Investor rule requires a trustee to exercise five fiduciary standards in managing the assets of a trust account, including care, skill, caution, loyalty, and impartiality. She states that although there are many differences between the Prudent Man and the newer
Prudent Investor rule, one element of continuity is the duty of the trustee to delegate investment authority in the event that the trustee lacks sufficient investment knowledge.
Toward the end of the lunch meeting, Basch suggests that in exchange for research published by Cooken and Khasko, Basch can have portfolio managers at her firm send clients that are too small for their firm to Khasko. Since Khasko specializes in clients with smaller portfolios, the arrangement sounds like a good idea to
Cooken. Cooken tells Basch that she will think the arrangement over and get back with her next week with a decision.
According to CFA Institute Standards of Professional Conduct, which of the following statements is most accurate with regard to the arrangement proposed by
Basch to Cooken?
- AUnder no circumstances may Cooken agree to the arrangement as proposed by Basch.
- BCooken may agree to the arrangement only if it is disclosed to her employer, clients, and prospects.
- CCooken may agree to the arrangement but need only make appropriate disclosure to prospective clients.
B
According to Standard VI(C) Referral Fees, members and candidates must disclose to their employer, clients, and prospective clients any compensarion, consideration, or benefit obtained from or given to other entities in exchange for referrals related to products or services. There is no prohibition on such arrangements as long as they are disclosed so clients and prospects can assess the full cost of services. (Study Session 1, LOS 2.a)

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