How should Bently respond to Green regarding disclosure requirements on Item I — Green’s prior Board participation, and Item 2 – Green’s inherited put options?

The firm must increase the level of review or restriction of proprietary trading activities during periods in which the firm has knowledge of information that is both material and nonpublic.

Bentley has identified two of Green’s analysts, neither of whom have non-compete contracts, who are preparing to leave Federal Securities and go into competition. The first employee, James Ybarra, CFA, has agreed to take a position with one of Federal’s direct competitors. Ybarra has contacted existing Federal clients using a client list he created with public records. None of the contacted clients have agreed to move their accounts as Ybarra has requested. The second employee, Martha Cliff, CFA, has registered the name Cliff Investment Consulting (CIC), which she plans to use for her independent consulting business. For the new business venture, Cliff has developed and professionally printed marketing literature that compares the new firm’s services to that of Federal Securities and highlights the significant cost savings that will be realized by switching to CIC. After she leaves Federal, Cliff plans to target many of the same prospects that Federal Securities is targeting, using an address list she purchased from a third-party vendor. Bentley decides to call a meeting with Green to discuss his findings.

After discussing the departing analysts. Green asks Bentley how to best handle the disclosure of the following items: (1) although not currently a board member. Green has served in the past on the board of directors of a company he researches and expects that he will do so again in the near future; and (2) Green recently inherited put options on a company for which he has an outstanding buy recommendation. Bentley is contemplating his response to Green.

Assess whether, in light of CFA Institute Standards of Professional Conduct, Bentley’s disclosure recommendations are correct or incorrect with respect to the two items noted by Green.

How should Bently respond to Green regarding disclosure requirements on Item I — Green’s prior Board participation, and Item 2 – Green’s inherited put options?
A . Green’s Board position issue need not be disclosed, but the inherited put options must be disclosed to Green’s employer, clients and prospects.
B . Both of Green’s items must be fully disclosed to his employer, clients and prospects.
C . Since Green is not a current Board member, no disclosure is needed and the put options need not be disclosed, since the buy recommendation has already been completed and is in place.

View Answer

Answer: B

Explanation:

According to Standard VI(A) Disclosure of Conflicts, members and candidates must make full and fair disclosure of any and all matters that interfere with their independence and objectivity. Greens board membership has the potential to influence his research recommendations. Even though he currently does not sit on the board, he expects to return to board membership in the near future. Clients, prospects, and his employer would all need to be notified of such information to assess the level of objectivity in Greens reports on the company in question. Greens inheritance of the put options on a company he covers also presents a situation in which his objectivity may be compromised. Even though it may be remote, the incentive to be pessimistic about the subject company exists since Green would like to benefit from the increase in the value of the put options. He must disclose this conflict to clients, prospects, and his employer as well. Generally, an/ conflict that may impair a members or candidates independence and objectivity will need to be disclosed to clients, prospects, and the employer. (Study Session I, LOS 2.a)