
Answer-first summary for fast verification
Answer: Yes, by omitting disclosure of the arrangement to his firm and by disclosing the referral arrangement to referred clients after they become firm clients
## Explanation Max Ohn has violated the Standard relating to referral fees in two ways: ### 1. **Failure to Disclose to Employer** Under Standard VI(C) - Referral Fees, members and candidates must disclose to their employer any compensation, consideration, or benefit received from or paid to others for the recommendation of products or services. This disclosure must be made in writing. Ohn's reasoning that the real estate agency doesn't compete with his firm and that the arrangement benefits his firm is irrelevant - disclosure to the employer is mandatory regardless of these factors. ### 2. **Improper Timing of Client Disclosure** Ohn discloses the referral arrangement to clients **after** they become firm clients, which violates the requirement that disclosure must be made **before** entering into a formal client relationship. According to Standard VI(C), clients must be informed of any referral arrangement **prior to** the referral so they can make an informed decision about whether to use the referred service. ### Key Requirements of Standard VI(C): - **To Employer**: Written disclosure of all referral arrangements - **To Clients**: Disclosure before the referral is made - **Nature of Disclosure**: Must include the nature of the consideration or benefit **Correct Answer**: C - Yes, by omitting disclosure of the arrangement to his firm and by disclosing the referral arrangement to referred clients after they become firm clients
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Max Ohn, CFA, works as a client advisor for a small firm. He has established a referral program with a real estate agency. Ohn refers clients to the real estate agency and the real estate agency refers clients to Ohn. Because the real estate agency does not compete with Ohn's employer and because the arrangement benefits Ohn's firm, he omits disclosure of the arrangement to his firm. Ohn diligently discloses the referral arrangement to all referred clients after they become firm clients. Has Ohn most likely violated the Standard relating to referral fees?
A
No
B
Yes, only by omitting disclosure of the arrangement to his firm
C
Yes, by omitting disclosure of the arrangement to his firm and by disclosing the referral arrangement to referred clients after they become firm clients
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