Example 5:
A junior portfolio manager suspects that a broker responsible for new business from a foreign country is being allocated a portion of the firm’s payments for third-party research and suspects that no research is being provided. He believes that the research payments may be inappropriate and unethical.
Comment:
He should follow his firm’s procedures for reporting possible unethical behavior and try to get better disclosure of the nature of these payments and any research that is being provided.
1(B) Independence and Objectivity. Members and Candidates must use reasonable care and judgment to achieve and maintain independence and objectivity in their professional activities. Members and Candidates must not offer, solicit, or accept any gift, benefit, compensation, or consideration that reasonably could be expected to compromise their own or another’s independence and objectivity.
Guidance
Do not let the investment process be influenced by any external sources. Modest gifts are permitted. Allocation of shares in oversubscribed IPOs to personal accounts is NOT permitted. Distinguish between gifts from clients and gifts from entities seeking influence to the detriment of the client. Gifts must be disclosed to the member’s employer in any case, either prior to acceptance if possible, or subsequently.
Guidance—Investment Banking Relationships
Do not be pressured by sell-side firms to issue favorable research on current or prospective investment-banking clients. It is appropriate to have analysts work with investment bankers in “road shows” only when the conflicts are adequately and elfectively managed and disclosed. Be sure there are effective “firewalls” between research/investment management and investment banking activities.