Question

One of your fellow investment adviser representatives (iar) at your firm recently came to you and asked for a loan. you couldn't afford to give him the loan, but two days later you overheard him on the phone asking a client for the same loan. the client informs the iar that he also does not have the cash available so the iar recommends to the client that he sell a mutual fund and loan the rr the resulting proceeds. the uniform securities act governs such actions and by performing these actions, the iar has:

Answer 1

The Uniform Securities Act governs such actions and by performing these actions, the IAR has:

Performed an unethical business practice

Broken his fiduciary duty and created a conflict of interest

The Model Rule on Unethical Business Practices does not allow the loaning or borrowing of a client and an investment advisory representative or IAR because this may constitute a conflict of interest.