Duties to Clients - Loyalty, Prudence, andCare
Members must have a duty of loyalty to their clients, and must act withreasonable care and exercise prudent judgment. members and candidates must actfor the benefit of their client and place their clients' interests before theiremployer's or their own interests.
-- must exercise the same level of prudence,judgment, and care that they would apply in disposition of their own interestsin similar circumstances.
– requirethat act in a like capacity and familiar with such matters.
– setsminimum expectations for member and candidate when fulfilling theirresponsibility to clients.
– mustunderstand and adhere to any legally imposed fiduciary responsibility theyassume with each clients.
Loyalty, Prudence, and Care
Identify the actual investment client
– fulfilltheir duty of loyalty to clients whom the duty of loyalty is owed.
– Membermanaging a fund to a index or mandate, require to be consistent with the statedmandate.
– Involvingpotential conflicts of interest, member not only must put the obligation ofclients first in all dealing,but must also endeavor to aviod all real orpotencial conficts of interest.
– memberswith positions whose responsibilities do not include direct investmentmanagement also have "clients" that must be considered.
Developing the client's portfolio
– themanager should ensure that client's objectives and performance is realistic andsuitable to clients' circustance and risk invovled are appropriate.
– avoidthe conflict intrest, if can not, provide clear and fatual disclosure toclients
– Mustfollow guideline set out by clients for the management of their asset, andrisk, objective of performance is appropriate to clients.
– Makeinvestment decisions in the context of the total portfolio
Duties to Clients - Loyalty, Prudence, andCare
Soft commission policies
– Clientbrokerage, or “soft dollar” or “soft commissions” must be used to benefit theclient, if not ,should diclose to clients the methods or policies follows.
– clientsdirect clients brokerage to puchase good or service does not violate the duty.
– seekbest price or seek best execution.
– ifclients may not be getting best execution from the directed brokerage, discloseto the clients.
Proxy voting policies
– Aninvestment manager who fails to vote,casts a vote without considering theimpact of the question,or votes blindly with management on nonroutinegovernance issue,may violate the standard.
– Voteproxies in an informed and responsible manner. Due to cost benefitconsiderations, it may not be necessary to vote all proxies.
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