CFA® Level 1: AIMR Code Violations and Proprietorship

AIMR Code Violations and Starting a Software Proprietorship

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Question

Arbliss, an AIMR member, has been working for a financial software company, Supersoft Corp. for the past 3 years. He now wants to leave the firm and start his own software proprietorship. Which of the following will not constitute a violation of the AIMR code?

I. Making arrangements to set up the proprietorship prior to leaving current employment, without Supersoft knowing about it.

II. Soliciting Supersoft's clients prior to the termination of employment.

III. Using a confidential software error-checking program he had developed for Supersoft for his own purposes.

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Explanations

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A. B. C. D.

A

Standard III (B) - Duty to Employer - does not preclude a member from entering into independent practice while still employed. It does require the employee to obtain written permission from the employer as well as the outside entity before doing this. It does not prohibit a departing employee from making arrangements to enter independent practice prior to leaving current employment, as long as such preparations do not constitute a breach of loyalty toward the employer. Activities that can be a breach of loyalty include misappropriation of trade secrets, misuse of confidential information, solicitation of the firm's clients before the termination of unemployment and in general, any activity that would destabilize the firm's operations.