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Ykit · 2024年05月23日

是否需要让非公开重大信息公开

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NO.PZ202304110100000401

问题如下:

Are Excerpts 2 and 3 of Crawfood’s compliance procedures consistent with the CFA Institute Standards of Professional Conduct?

选项:

A.

Yes.

B.

No, because Excerpt 2 applies only to officers and their direct reports.

C.

No, because Excerpt 3 does not require employees to achieve public dissemination.

解释:

Excerpt 2 is inconsistent with CFA Standards because it addresses only officers and only their direct reports, that is, employees whom they directly supervise. Standard IV (C) states that “any investment professionals who have employees subject to their control or influence” exercise supervisory responsibility. According to The Standards of Practice Handbook, “members and candidates who supervise large numbers of employees cannot personally evaluate the conduct of their employees on a continuing basis. Although these members . . . may delegate supervisory duties, such delegation does not relieve them of their supervisory responsibility.” Excerpt 3 is consistent with CFA Standards. It is based on a quote from the Standards of Practice Handbook stating that “if a member or candidate determines that information is material, the member . . . should make reasonable efforts to achieve public dissemination.” Members are not required to achieve public dissemination and those bound by a duty of loyalty or a duty to preserve confidentiality would refrain from doing so because it would breach their duty.

Excerpt 3 is consistent with CFA Standards. It is based on a quote from the

Standards of Practice Handbook stating that “if a member or candidate determines that information is material, the member . . . should make reasonable efforts to achieve public dissemination.”


Members are not required to

achieve public dissemination and those bound by a duty of loyalty or a duty to preserve confidentiality would refrain from doing so because it would breach their duty.


解释里最后这两句不是矛盾的吗?强化班总结时候专门说过,知道了重大非公开信息也不需要去让它公开化、公司有他们自己的计划(和上面第二段一致)。为什么这里不选C?



1 个答案

王暄_品职助教 · 2024年05月23日

在解释的最后两句中,并没有出现矛盾。第一句说“Members are not required to achieve public dissemination”,意思是CFA的成员并不需要去实现信息的公开传播。这符合CFA的标准,即成员并不承担将重大非公开信息公之于众的法律义务。

紧接着的第二句“those bound by a duty of loyalty or a duty to preserve confidentiality would refrain from doing so because it would breach their duty”则进一步阐释了这一点,指出那些受忠诚义务或保密义务约束的成员会避免公开这些信息,因为这将违反他们的职责。这并不与前一句相矛盾,而是在强调即使成员知道重大非公开信息,由于他们的忠诚和保密职责,他们也不会去公开这些信息。


关于为什么不选C,根据提供的文本,Excerpt 2与CFA标准不一致,因为它只针对官员和他们的直接下属,而CFA标准IV(C)要求的是对所有受其控制或影响的员工进行监督。因此,根据题目中对CFA标准的解释,不选择C(即Excerpt 3)作为与CFA标准不一致的选项是合理的,因为Excerpt 3实际上与CFA的标准是一致的,它并没有要求成员必须公开信息,只是要求如果成员确定信息是重大的,他们应该做出合理努力来实现信息的公开传播,但这并不是强制性的。

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