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周梅 · 2024年04月21日

道德

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NO.PZ202403070100001201

问题如下:

What should Mehta’s next step most likely be to avoid violating the CFA Institute Standards of Professional Conduct?

选项:

A.Limit his research to India. B.Consult with a legal specialist. C.Replicate the multinational firm’s pension plan.

解释:

Solution
  1. Incorrect. To avoid violating Standard I(A): Knowledge of the Law and Standard V(A): Diligence and Reasonable Basis, Mehta should consult with a legal specialist as per the above justification.

  2. Correct. To avoid violating Standard I(A): Knowledge of the Law, Mehta should consult with legal specialists who understand the pension regulations in both Singapore and India. He has recognized he needs help after his initial desktop research. If he limited his desktop research to India, he would likely be violating Standard I(A): Knowledge of the Law in that he would not take into consideration Singaporean regulations. Even if it was eventually determined India did have tougher regulations, Singaporean regulations would still need to be followed by those employees based in Singapore. Standard I(A): Knowledge of the Law requires Members and Candidates to understand and comply with all applicable laws, rules, and regulations (including the CFA Institute Code of Ethics and Standards of Professional Conduct) of any government, regulatory organization, licensing agency, or professional association governing their professional activities and not knowingly assist others in violating any laws, rules, and regulations. In addition, to avoid violating Standard V(A): Diligence and Reasonable Basis, Mehta would likely need to undertake extensive due diligence. The initial research undertaken was likely not sufficient or diligent enough to fully understand the various rules and regulations in both countries. Moreover, if Mehta were to make a recommendation based on his conversation with the HR manager, it would also not be considered a thorough or diligent enough research process. Standard V(A): Diligence and Reasonable Basis requires Members and Candidates to exercise diligence, independence, and thoroughness in analyzing investments, making investment recommendations, and taking investment actions as well as to have a reasonable and adequate basis, supported by appropriate research and investigation, for any investment analysis, recommendation, or action.

  3. Incorrect. To avoid violating Standard I(A): Knowledge of the Law and Standard V(A): Diligence and Reasonable Basis, Mehta should consult with a legal specialist as per the above justification.

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

讲解

1 个答案

王暄_品职助教 · 2024年04月24日

准则V(A)则要求在分析投资、提出投资建议和采取投资行动时,必须勤勉、独立和彻底,并为任何投资分析、建议或行动提供合理和充分的基础,这一基础应由适当的研究和调查来支持。

选项A:将研究范围限制在印度。这个选项是不正确的,因为如果Mehta只研究印度的养老金规定,就可能违反了准则I(A),因为他没有考虑到新加坡的法规,而新加坡的法规对于在新加坡的员工来说同样重要。

选项B:咨询法律专家。这个选项是正确的。为了避免违反准则I(A)和V(A),Mehta应该咨询了解新加坡和印度养老金规定的法律专家。他已经认识到在进行初步研究后需要帮助,咨询专家将确保他能够了解和遵守两国的法律,并为他的投资建议提供充分的基础。

选项C:复制跨国公司的养老金计划。这个选项也是不正确的,因为仅仅基于与人力资源经理的简短对话来复制一个养老金计划,并不能确保该计划符合新加坡和印度的所有法律和规定。这种做法可能违反了准则I(A)和V(A),因为它没有显示出对两国法律的充分了解,也没有进行足够的研究来为投资建议提供合理的基础。

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