What are my duties to my employer under Standard IV? Can I prepare to leave for a competitor?
I'm studying CFA Level I Ethics Standard IV on duties to employers. I know I owe loyalty, but what happens if I want to start my own firm or move to a competitor? Can I prepare while still employed?
Standard IV addresses the sometimes-conflicting obligations between your duties to clients, your employer, and your own interests.
Standard IV(A) — Loyalty: You owe your employer loyalty and must not harm their interests. However, this is NOT absolute loyalty — your duty to clients comes first under Standard III.
Key rules on leaving:
- You CAN prepare to leave (update resume, interview) while still employed
- You CANNOT solicit your employer's clients before you leave
- You CANNOT take proprietary information, client lists, or trade secrets
- You CANNOT misappropriate your employer's work product
The tricky scenarios:
| Action | Before Resignation | After Resignation |
|---|---|---|
| Update resume | Allowed | N/A |
| Interview at competitors | Allowed | N/A |
| Solicit firm's clients | NOT allowed | Allowed (unless non-compete) |
| Copy client lists | NOT allowed | NOT allowed |
| Use models you built at firm | Depends on employment agreement | Depends |
| Start competing business | NOT allowed while employed | Allowed |
Standard IV(B) — Additional Compensation Arrangements: You must not accept gifts, benefits, or compensation from third parties that create a conflict with your employer's interest UNLESS you disclose them to your employer and receive written consent.
Example: Marcus receives an offer from a grateful client to pay him a $10,000 bonus directly. Marcus must disclose this to his employer and get written permission before accepting.
Standard IV(C) — Responsibilities of Supervisors: Supervisors must establish reasonable compliance procedures and make reasonable efforts to detect and prevent violations by those under their authority.
- If a subordinate violates, the supervisor is liable if they failed to supervise adequately
- Having compliance procedures in writing is necessary but not sufficient — you must also enforce them
Exam tip: The CFA exam frequently tests the leaving-an-employer scenario. Remember: you can prepare but cannot compete or solicit while still employed. The moment you resign, solicitation becomes permissible (absent contractual restrictions).
Explore our CFA Level I Ethics course for more employer duty scenarios.
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