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可咪与灰妞 · 2020年04月03日

问一道题:NO.PZ2016040301000017

问题如下:

Anderb, a portfolio manager for XYZ Investment Management Company—a registered investment organization that advises investment firms and private accounts—was promoted to that position three years ago. Bates, her supervisor, is responsible for reviewing Anderb’s portfolio account transactions and her required monthly reports of personal stock transactions. Anderb has been using Jonelli, a broker, almost exclusively for brokerage transactions for the portfolio account. For securities in which Jonelli’s firm makes a market, Jonelli has been giving Anderb lower prices for personal purchases and higher prices for personal sales than Jonelli gives to Anderb’s portfolio accounts and other investors. Anderb has been filing monthly reports with Bates only for those months in which she has no personal transactions, which is about every fourth month. Which of the following is most likely to be a violation of the Code and Standards?

选项:

A.

Anderb failed to disclose to her employer her personal transactions.

B.

Anderb owned the same securities as those of her clients.

C.

Bates allowed Anderb to use Jonelli as her broker for personal trades.

解释:

A is correct.

This question involves three of the Standards. Anderb, the portfolio manager, has been obtaining more favorable prices for her personal securities transactions than she gets for her clients, which is a breach of Standard III(A) –Loyalty, Prudence, and Care. In addition, she violated Standard I(D) –Misconduct by failing to adhere to company policy and by hiding her personal transactions from her firm. Anderb’s supervisor, Bates, violated Standard IV(C) –Responsibilities of Supervisors; although the company had requirements for reporting personal trading, Bates failed to adequately enforce those requirements. Answer B does not represent a violation because Standard VI(B) –Priority of Transactions requires that personal trading in a security be conducted after the trading in that security of clients and the employer. The Code and Standards do not prohibit owning such investments, although firms may establish policies that limit the investment opportunities of members and candidates. Answer C does not represent a violation because the Code and Standards do not contain a prohibition against employees using the same broker for their personal accounts that they use for their client accounts. This arrangement should be disclosed to the employer so that the employer may determine whether a conflict of interest exists.  

请问B为什么不正确,B同学的私人账户是得到了broker的特权,可以买更低的成本,卖更高的价格和他的其他客户相比

1 个答案

发亮_品职助教 · 2020年04月07日

嗨,努力学习的PZer你好:


“请问B为什么不正确,B同学的私人账户是得到了broker的特权,可以买更低的成本,卖更高的价格和他的其他客户相比”


B同学的个人账户得到特权确实是违反了准则,违反的条款是:Standard III(A) –Loyalty, Prudence, and Care

以及违反了Standard VI(B) Priority of Transactions 

违反了Standard III(A) –Loyalty, Prudence, and Care,是因为这条准则的描述是:

Members and Candidates have a duty of loyalty to their clients and must act with reasonable care and exercise prudent judgment. Members and
Candidates must act for the benefit of their clients and place their clients’ interests before their employer’s or their own interests.

其中要Act for the benefit of clients,就要做到为客户利益负责,B同学以优于客户的价格交易一定是侵害了客户的利益,因此违反这条。


违反了Standard VI(B) Priority of Transactions,是因为这条准则的描述是:

Investment transactions for clients and employers must have priority over investment transactions in which a Member or Candidate is the beneficial owner
即,客户的交易有更高的优先权,B同学以优于客户的价格交易违反这条准则。


如果B选项描述的就是B同学以更优的价格给个人账户交易,那可以选B,但是B选项描述的情况是:

Anderb owned the same securities as those of her clients,也就是B选项描述的是B同学买了和客户一样的股票。仅仅是给自己个人账户买的股票和客户一样这件事,并不违反准则。

注意,如果公司没有限制,那基金经理完全可以买和客户一样的股票,只要按照公司的要求购买,并且不侵害客户利益即可。

关于基金经理给自己个人账户买股票,一定不能侵害客户利益,且要遵守公司的制度,本题里的公司制度就是需要给公司报备交易的股票,但是B同学没有报备,因为这道题选A。


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