
Answer-first summary for fast verification
Answer: both misrepresentation and loyalty, prudence, and care.
## Explanation Ekta Prakash has violated **both** Standard I(C) - Misrepresentation **and** Standard III(A) - Loyalty, Prudence, and Care. ### Violation of Standard I(C) - Misrepresentation: Prakash's assurance that the $15,000 penalty "can be recovered through better investment returns from TXM's fund" constitutes a misrepresentation. This statement: 1. **Lacks reasonable basis** - There is no guarantee that future investment returns will offset the penalty 2. **Creates an unjustified expectation** - It implies a certainty about future performance that cannot be guaranteed 3. **Could mislead the client** about the true costs and risks of the transaction ### Violation of Standard III(A) - Loyalty, Prudence, and Care: Prakash has failed to act with reasonable care and exercise prudent judgment by: 1. **Not adequately considering the client's best interests** - The recommendation involves incurring a significant penalty ($15,000) that may not be justified 2. **Potentially placing TXM's interests above the client's** - The recommendation benefits TXM (by bringing in assets) while potentially harming the client 3. **Failing to conduct proper due diligence** on whether this transaction truly serves the client's investment objectives ### Key Considerations: - **Penalty costs are certain** ($15,000), while future returns are uncertain - **The recommendation appears self-serving** as it benefits TXM - **Proper disclosure alone does not absolve** the advisor from making unsuitable recommendations - **The advisor should have analyzed** whether the expected benefits truly outweigh the certain costs **Correct Answer: C** - Both misrepresentation and loyalty, prudence, and care standards have been violated.
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Ekta Prakash, CFA, works as an investment advisor for TXM Investments (TXM). Prakash advises a client to transfer $150,000 from a tax-deferred investment account to TXM's multi-cap fund. Prakash discloses to her client that withdrawals from the tax-deferred account will attract a penalty of $15,000 but assures the client that the cost can be recovered through better investment returns from TXM's fund. Prakash has violated the Standard(s) relating to:
A
only misrepresentation.
B
only loyalty, prudence, and care.
C
both misrepresentation and loyalty, prudence, and care.
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