TRUST APRIL 2018 SUSAN NAUGHTON ACII LCOI AGENDA ISSUES THAT NEED - - PowerPoint PPT Presentation
TRUST APRIL 2018 SUSAN NAUGHTON ACII LCOI AGENDA ISSUES THAT NEED - - PowerPoint PPT Presentation
BROKERS IRELAND ETHICS 2018 TRUST APRIL 2018 SUSAN NAUGHTON ACII LCOI AGENDA ISSUES THAT NEED TO BE ADDRESSED MOST REPORTED ETHICAL LAPSES IN 2017 KEY FINDINGS OF IBE SURVEY BARONESS ONORA O'NEILL: WHAT WE DON'T UNDERSTAND ABOUT TRUST
AGENDA
ISSUES THAT NEED TO BE ADDRESSED
MOST REPORTED ETHICAL LAPSES IN 2017
KEY FINDINGS OF IBE SURVEY
BARONESS ONORA O'NEILL:
WHAT WE DON'T UNDERSTAND ABOUT TRUST
JOHN BOATRIGHT
John R Boatright, Ethics in Finance (3rd Edn)John Wliey& Sons UK 2014 p2
Ethical misconduct is not always a matter of bad people doing bad things but often good people who stumble unwittingly into wrongdoing.
NOT CRICKET
ACTION
PETTY CHEATING but with conduct unbecoming and bringing the game into disrepute. No one died, No one doped, No one Injured No one fixed, Umpires did not change the ball.
CONSEQUENCES
- Swift and severe punishment
for Smith and Co
- Warner and Smith have both
been cut from this year’s Indian Premier League, too.
- Loss of Multiple Sponsorships
for the team and the players and reduced value of TV
SPONSORS SAY
- Ball-tampering scandal
‘inconsistent’ with firm’s values’
- “The decisions and actions
taken by David Warner and Cameron Bancroft are not something that Asics tolerates and are contrary to the values the company stands for,” a statement read
CHESHIRE CALHOUN
CHESHIRE CALHOUN, & ORS HONEST WORK, A BUSINESS ETHICS READER, NY OUP2007 P130-1
On integrity …a master virtue, that is, less a virtue in its own right than a pressing into service of a host of
- ther virtues
Self knowledge, Strength of will Courage, Honesty, Loyalty, Humility, Civility, Respect Self Respect
INTEGRITY V MISCONDUCT
- Finance impossible
without ethics.
- Placing assets in hands of
- ther people requires
immense trust
- Personal selling creates
innumerable
- pportunities for abuse
- Despite industry pride in
levels of integrity misconduct still occurs.
OBJECTIONABLE PRACTICES
- Deception
- Churning
- Suitability
DECEPTION
ETHICAL ISSUE: ABILITY OF CLIENTS TO MAKE RATIONAL CHOICES Letter of the law
- Explain all relevant
information
- Product Design
- Disclose information about
commission Spirit of the Law
- Truthful, Understandable Non
misleading
- What's revealed what's not
- Strengths & Weaknesses
- Past Performance
- Fees Charges Commission
- Explain the disclosure
Documents
Boatright J, Ethical issues in Finance & Accounting Ethical Theory & Business Ed Beauchamp & Ors, Pearson Intermnational Edition p. 388.
CHURNING
ETHICAL ISSUE: BREACH OF FIDUCIARY DUTY TO TRADE IN WAYS THAT ARE NOT IN A CLIENTS BEST INTEREST.
Letter of the Law
- Broker Control
- Nature of the Account v
Volume of Trades
- Intent of the Broker
Spirit of the Law
- Prohibition of Sales
Contests
- % of commission related to
size of Clients account – not volume of transaction
- Training & Oversight in firms
SUITABILITY
ETHICAL ISSUE: DUTY TO RECOMMEND ONLY SUITABLE FINANCIAL PRODUCTS
- Fact Find - KYC
- Product research
- Suitable
- Risk Appetite
- Ability to pay
- Specialised Knowledge
- Deliver good outcomes
- Reliable Markets
5.19 CPC
FAIRNESS
THE LEVEL PLAYING FIELD PHILOSOPHICAL ARGUMENT = FAIRNESS
BUILDING TRUST
WHAT WOULD MAKE IT BETTER
CODE OF PRACTICE
Extract from American Institute of Certified Public Accountants Code of professional Conduct
- Responsibilities
- Public Interest
- Integrity
- Objectivity & Independence
- Due Care
- Scope and Nature of Services
ELEMENTS OF CODE OF PRACTICE
Responsibilities In carrying out their responsibilities as professionals, members should exercise sensitive professional and moral judgements in all their activities Public Interest Members should accept the
- bligation to act in a way that
will serve the public interest, honour the public trust and demonstrate commitment to professionalism
ELEMENTS OF CODE OF PRACTICE
Integrity To maintain and broaden public confidence members should perform all professional responsibilities with the highest sense of integrity Objectivity & Independence A member should maintain
- bjectivity and be free of
conflicts of interest in discharging professional
- responsibilities. A members
should be independent in fact and appearance
ELEMENTS OF CODE OF PRACTICE
Due Care A members should observe the professions technical and ethical standards, strive continually to improve competence and quality
- f services and discharge professional
responsibility Scope and Nature of Service A member should observe the principles of the codes of professional conduct in determining the nature of services to be provided
A FINAL THOUGHT …
Three Groups Will Pay Won’t Pay Will think about it
WHAT’S 8 %
1.
CRH : 76,000
6080
2.
Smurfit Kappa 41,000
3280
3.
Kerry Group 24,492
1959
4.
Tesco Ireland 14,925
1194
5.
Dunne’s Stores14,000
1120
6.
Boston Scientific 11,800
944
7.
Allied Irish Bank 11,384
910
8.
Bank of Ireland 11,255
900
9.
Icon Plc 10,300
824
- 10. Perrigo 10,220
817