Rowan Brothers is a full service investment firm offering portfolio management and investment banking
services. For the last ten years, Aaron King, CFA, has managed individual client portfolios for Rowan Brothers,
most of which are trust accounts over which King has full discretion. One of King's clients, Shelby Pavlica, is a
widow in her late 50s whose husband died and left assets of over $7 million in a trust, for which she is the only
beneficiary.
Pavlica's three children are appalled at their mother's spending habits and have called a meeting with King to
discuss their concerns. They inform King that their mother is living too lavishly to leave much for them or
Pavlica's grandchildren upon her death. King acknowledges their concerns and informs them that, on top of her
ever-increasing spending, Pavlica has recently been diagnosed with a chronic illness. Since the diagnosis could
indicate a considerable increase in medical spending, he will need to increase the risk of the portfolio to
generate sufficient return to cover the medical bills and spending and still maintain the principal. King
restructures the portfolio accordingly and then meets with Pavlica a week later to discuss how he has altered
the investment strategy, which was previously revised only three months earlier in their annual meeting.
During the meeting with Pavlica, Kang explains his reasoning tor altering the portfolio allocation but does not
mention the meeting with Pavlica's children. Pavlica agrees that it is probably the wisest decision and accepts
the new portfolio allocation adding that she will need to tell her children about her illness, so they will
understand why her medical spending requirements will increase in the near future. She admits to King that her
children have been concerned about her spending. King assures her that the new investments will definitely
allow her to maintain her lifestyle and meet her higher medical spending needs.
One of the investments selected by King is a small allocation in a private placement offered to him by a
brokerage firm that often makes trades for King's portfolios. The private placement is an equity investment in
ShaleCo, a small oil exploration company. In order to make the investment, King sold shares of a publicly
traded biotech firm, VNC Technologies. King also held shares of VNC, a fact that he has always disclosed to
clients before purchasing VNC for their accounts. An hour before submitting the sell order for the VNC shares
in Pavlica's trust account. King placed an order to sell a portion of his position in VNC stock. By the time
Pavlica's order was sent to the trading floor, the price of VNC had risen, allowing Pavlica to sell her shares at a better price than received by King.
Although King elected not to take any shares in the private placement, he purchased positions for several of his
clients, for whom the investment was deemed appropriate in terms of the clients* objectives and constraints as
well as the existing composition of the portfolios. In response to the investment support, ShaleCo appointed
King to their board of directors. Seeing an opportunity to advance his career while also protecting the value of
his clients' investments in the company, King gladly accepted the offer. King decided that since serving on the
board of ShaleCo is in his clients' best interest, it is not necessary to disclose the directorship to his clients or
his employer.
For his portfolio management services, King charges a fixed percentage fee based on the value of assets
under management. All fees charged and other terms of service are disclosed to clients as well as prospects.
In the past month, however. Rowan Brothers has instituted an incentive program for its portfolio managers.
Under the program, the firm will award an all-expense-paid vacation to the Cayman islands for any portfolio
manager who generates two consecutive quarterly returns for his clients in excess of 10%. King updates his
marketing literature to ensure that his prospective clients are fully aware of his compensation arrangements,
but he does not contact current clients to make them aware of the newly created performance incentive.
According to the CFA Institute Standards of Professional Conduct, which of the following statements is correct
concerning King's directorship with ShaleCo?