chuẩn mực

1. Standard IV
Duties to Employer
7/11/2023 1
Giảng viên: TS. Nguyễn Thị Hồng Nhung
Khoa: Ngân hàng -UEH

2. CONTENT:
1. Standard IV(A) Loyalty
2. Standard IV(B) Additional
Compensation Arrangements .
3. Standard IV(C) Responsibilities of
Supervisors
4. Discussion
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3. 1. Standard
IV(A)
Loyalty
In matters related to their employment, Members and
Candidates must act for the benefit of their employer
and not deprive their employer of the advantage of
their skills and abilities, divulge confidential
information, or otherwise cause harm to their employer
• Employer Responsibilities
• Independent Practice
• Leaving an Employer
• Use of Social Media
• Whistleblowing
• Nature of Employment
.
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4. Employer
Responsibilities
+ Employers must recognize the duties and
responsibilities that they owe to their employees
if they expect to have content and productive
employees
+ The employer is responsible for a positive
working environment which includes an ethical
workplace. Senior management has the additional
responsibility to devise compensation structures
and incentive arrangements that do not
encourage unethical behavior.
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5. Independent
Practice
• Members and candidates abstain from
independent competitive activity that could
conflict with the interests of their employer
• Members and candidates who plan to engage
in independent practice for compensation
must notify their employer and describe the
types of services they will render (cung cấp) to
prospective independent clients, the expected
duration of the services, and the compensation
for the services. Members and candidates
should not render services until they receive
consent from their employer to all of the terms
of the arrangement.
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6. Leaving an
Employer
When M &C are planning to leave their current
employer, they must continue to act in the
employer’s best interest. They must not engage in
any activities that would conflict with this duty until
their resignation becomes effective.
Activities that might constitute a violation,
especially in combination, include the following:
• Misappropriation of trade secrets,
• Misuse of confidential information,
• Solicitation of the employer’s clients prior to
cessation of employment
• Self-dealing (appropriating for one’s own
property a business opportunity or information
belonging to one’s employer), and
• Misappropriation of clients or client lists.
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7. Use of Social
Media
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The growth in various online networking platforms, such as
LinkedIn, Twitter, and Facebook (commonly referred to as
social media platforms), is providing new opportunities and
challenges for businesses. M & A should understand and abide
by all applicable firm policies and regulations as to the
acceptable use of social media platforms to interact with
clients and prospective clients.
Social media connections with clients are also raising
questions concerning the differences between public
information and firm property. Specific accounts and user
profiles of M & A may be created for solely professional
reasons, including firm-approved accounts for client
engagements. Such firm-approved business-related
accounts would be considered part of the firm’s assets, thus
requiring M&C to transfer or delete the accounts as directed by
their firm’s policies and procedures when they leave the firm.
Best practice for M&C is to maintain separate accounts for
their personal and professional social media activities.

8. Whistleblowing
• M &A personal interests, as well as the interests of
his or her employer, are secondary to protecting
the integrity of capital markets and the interests
of clients. Therefore, circumstances may arise
(e.g., when an employer is engaged in illegal or
unethical activity) in which M&A must act
contrary to their employer’s interests in order to
comply with their duties to the market and
clients. In such instances, activities that would
normally violate a M&A’s duty to his or her employer
(such as contradicting employer instructions,
violating certain policies and procedures, or
preserving a record by copying employer records)
may be justified. Such action would be permitted
only if the intent is clearly aimed at protecting
clients or the integrity of the market, not for
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9. Nature of
Employment
• Members and candidates must determine
whether they are employees or independent
contractors in order to determine the
applicability of Standard IV(A)
• A member’s or candidate’s duties within an
independent contractor relationship are
governed by the oral or written agreement
between the member and
the client
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10. Recommended Procedures for Compliance
The following topics identify policies that members and candidates
should encourage their firms to adopt if the policies are not currently
in place.
• Competition Policy
• Termination Policy
• Incident-Reporting Procedures
• Employee Classification
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11. Application of the Standard
Discussion Example 2,4,7,8,11,13,14,15
(page 130 -138)
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12. 2. Standard
IV(B)
Additional
Compensation
Arrangements
• Standard IV(B) requires members and candidates
to obtain permission from their
employer before accepting compensation or
other benefits from third parties for the
services rendered to the employer or for any
services that might create a conflict with their
employer’s interest.
• Members and candidates must obtain permission
for additional compensation/benefits because
such arrangements may affect loyalties and
objectivity and create potential conflicts of
interest
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13. Recommended Procedures for Compliance
• Members and candidates should make an immediate written report
to their supervisor and compliance officer specifying any
compensation they propose to receive for services in addition to
the compensation or benefits received from their employer.
• Written report should state the terms of any agreement
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14. Application of the Standard
Reading at home
Example 1 (Notification of Client Bonus Compensation)
Example 2
Example ….
Example 15
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15. 3. Standard IV(C)
Responsibilities of
Supervisors
Standard IV(C) states that members and candidates
must promote actions by all employees under their
supervision and authority to comply with applicable
laws, rules, regulations, and firm policies and the
Code and Standards. Any investment professional
who has employees subject to her or his control or
influence—whether or not the employees are CFA
Institute members, CFA charterholders, or candidates
in the CFA Program—exercises supervisory
responsibility. Members and candidates acting as
supervisors must also have in-depth knowledge of
the Code and Standards so that they can apply this
knowledge in discharging their supervisory
responsibilities.
• System for Supervision
• Supervision Includes Detection
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16. System for
Supervision
• Members and candidates with supervisory responsibility must
understand what constitutes an “adequate” compliance system for
their firms and make reasonable efforts to see that appropriate
compliance procedures are established, documented,
communicated to covered personnel, and followed. Once
compliance procedures are established, the supervisor must also
make reasonable efforts to ensure that the procedures are
monitored and enforced..
• Compliance procedures must be in place prior to the occurrence
of a violation of the law or the Code and Standards
• Compliance programs must be appropriate for the size and
nature of the organization.
• Supervisor should take steps to ensure that the violation will not
be repeated, such as placing limits on the employee’s activities
or
increasing the monitoring of the employee’s activities
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17. Supervision
Includes
Detection
• Supervisor makes reasonable efforts to
detect violations of laws, rules,
regulations, firm policies, and the Code
and Standards
• Establishing and implementing written
compliance procedures
• Periodic review
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18. Recommended Procedures for Compliance
• Codes of Ethics or Compliance Procedures
• Adequate Compliance Procedures
• Implementation of Compliance Education and Training
• Establish an Appropriate Incentive Structure
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19. Application of the Standard
Reading at home
Example 1 -9 (page 148-153)
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20. Discussion
1. Views of Banking Ethics
2. Ethics in the areas of operation of the financial-banking
industry in Vietnam
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