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4 November, 05:09

As a new investment adviser (IA) firm, your company wants to obtain more clients. In an attempt to do so, one of the employees suggests a one-year offer to prospective clients. The offer would refund client's management fees if the client's portfolio value did not increase by 12% at the end of the first year. This fee arrangement:

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  1. 4 November, 07:54
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    D) is not acceptable because such a guarantee would cause a conflict of interest pertaining to the IA's fiduciary duty to each client

    Explanation:

    The members of the North American Securities Administrators Association (NASAA) must follow their Model Rule which prohibits investment adviser firms from guaranteeing investment results, in other words they cannot guarantee a minimum profit.

    In this case the employee suggested that if their clients didn't earn a minimum 12% profit, then they would refund any fees collected. But the IA firm is not allowed to guarantee the 12% value increase or profit.
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