CmaBylaw
Executive Bylaws
5-1-8 Duty of Honesty Of Module Seven: Clients’ Funds and Clients’ Assets
Section: Chapter Five: Securities Investment Portfolios Rules
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Sunday, 05 February 2017
In all cases, a Licensed Person shall act with good faith and for the Clients’ benefit. He shall take the Care of a Prudent Person, and be always honest in all his transactions through compliance in particular with the following: 1. He shall use Client’s Funds and Clients’ Assets solely for the purposes stated in the signed contract and act within the limits of his authorization. 2. He shall not provide false or exaggerated data or information about any existing or possible investments in order to direct Clients to take decisions serving the Licensed Person’s own interests. 3. He shall not provide any guarantee for any Client against losses arising from Securities dealings unless the nature of the Security so guarantees. 4. He shall not make any promise of, nor promote any investment by promising, profit or gain from making an investment in an Investment Portfolio. 5. He shall not use the Investment Portfolios he manages for Clients in different purposes nor for his own benefit, especially in financing purposes of whatever type, whether in the form of giving loans or credit facilities or mortgaging Investment Portfolio as collateral to obtain loans or credit facilities for his own benefit. 6. He shall not make unnecessary purchases and sales in respect of any Client’s account for the purpose of gaining resultant commissions and fees. 7. He shall not enter into any transaction or dealing in respect of any Client’s account which may have any of the following purposes or consequences: • Influencing prices of Securities listed on an Exchange of or any relevant Security. • Creating any false or illusionary impression of the value of any Security listed on an Exchange or of the level of interest in selling or purchasing the same. • Setting an artificial price of any Security listed on an Exchange or of that of any relevant Security. 8. He shall not execute a Client’s order if such would incur a penalty set by a Regulatory Body or nor issue any order when a ruling or instruction of an investigatory authority or judicial entity has ordered the suspension of the Client’s relevant activities nor if there are reasons or information indicating that Client’s orders may entail the following: • Improper and misleading practices for the purpose of Securities manipulation. • Insider trading. • Not abiding by applicable laws and rules concerning Securities Activity, especially the clearing and settlement rules applicable in the Exchange and Clearing Agency.Paragraphs 6 and 7 of this Article shall not apply to Investment Portfolios managed by the Client.
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