I am seeing conflicting data on this. Let’s say your client engages in illegal behavior. Are you permitted to tell authorities? Are you required to tell authorities?
What if you change the word “client” to “employer”?
I am seeing conflicting data on this. Let’s say your client engages in illegal behavior. Are you permitted to tell authorities? Are you required to tell authorities?
What if you change the word “client” to “employer”?
Standard III(E)
If disclosure of the information is required by law or the information concerns illegal activities by the client, however, the member or candidate may have an obligation to report the activities to the appropriate authorities.
As a general matter, members and candidates must comply with applicable law. If applicable law requires disclosure of client information in certain circumstances, members and candidates must comply with the law. Similarly, if applicable law requires members and candidates to maintain confidentiality , even if the information concerns illegal activities on the part of the client, members and candidates should not disclose such information.
Changing the word to employer:
Standard I(A)
If a member or candidate has reasonable grounds to believe that imminent or ongoing client or employer activities are illegal or unethical, the member or candidate must dissociate, or separate, from the activity. In extreme cases, dissociation may require a member or candidate to leave his or her employment.
Although the Code and Standards do not compel members and candidates to report violations to their governmental or regulatory organizations unless such disclosure is mandatory under applicable law (voluntary reporting is often referred to as whistleblowing), such disclosure may be prudent under certain circumstances.
Standard IV(A)
A member’s or candidate’s 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 members and candidates 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 member’s or candidate’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 personal gain.
Source: CFA Volume 1, Reading 2, Guidance for Standards I-VII