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Use the Misconduct standard, I(D), in cases

CFA® Level I · Ethical and Professional Standards · Guidance for Standard I: Professionalism · ET.2.e

The idea

Members must not engage in any professional conduct involving dishonesty, fraud or deceit, or commit any act that reflects adversely on their professional reputation, integrity or competence. The Standard reaches beyond investment activity: conduct in personal life can violate it where it bears on trustworthiness or competence. It is not a general morality clause, though — a traffic offence or a personal matter unrelated to professional character does not engage it. Habitual drunkenness during business hours and personal bankruptcy arising from fraud are the standard illustrations of conduct that does.

A practice question

From the question bank, with the reason each wrong option is wrong.

Does Standard I(D) reach conduct outside professional activity?

  1. No, it applies only to investment decisionsWhy not: The Standard is not confined to professional activity, which is what distinguishes it from the rest of Standard I.
  2. Yes, where it reflects on honesty or competence — correct
  3. Yes, it covers all personal conduct without limitationWhy not: That would make it a general morality rule. The limiting condition is the bearing on professional character.

Standard I(D) Misconduct reaches personal conduct where it reflects adversely on honesty, trustworthiness or professional competence. Conduct with no such bearing falls outside it.

A harder one

A member is repeatedly incapable of working after long lunches. Which Standard does that engage?

  1. Independence and objectivity, I(B)Why not: Standard I(B) concerns benefits that could sway judgement, and nothing here involves a gift or a conflicted relationship.
  2. Loyalty to the employer alone, IV(A)Why not: Standard IV(A) may well also be engaged, and it does not capture the point, which is fitness to do the work at all.
  3. Misconduct, since it bears on competence — correct

Standard I(D) is engaged because the behaviour bears directly on competence to do the work. It is that connection, rather than disapproval of the conduct, that brings it within the Standard.

The hardest tier

Why is the Standard deliberately not framed as a general morality requirement?

  1. Because the Code has no jurisdiction over personal lifeWhy not: It does reach personal conduct, but only where that conduct bears on professional character.
  2. Because morality varies between countriesWhy not: Variation is part of why a general rule would be unworkable, and the reason for the limit is what a professional body is entitled to judge.
  3. Because the concern is trustworthiness, not private life — correct

Standard I(D) confines itself to conduct bearing on trustworthiness and competence. A broader rule would be unenforceable across the cultures in which members practise, and an overreach besides.

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