Lesson 5 of 6 · All lessons in this module
  1. What ethics is: principles, codes and standards
  2. What makes a profession, and how it earns trust
  3. Professionalism and trust in investment management
  4. Why good people slip: challenges to ethical behaviour
  5. Ethical standards versus legal standards
  6. A framework for ethical decision makingVideo lesson

Lesson 5 of 6 · 11 min

Ethical standards versus legal standards

Laws often write ethical behaviour into rules, but law and ethics only overlap: some legal acts are unethical, some ethical acts are illegal, and ethical standards usually ask for more.

In short

  • Many laws codify ethical actions, such as mandatory risk disclosures; complying benefits clients, you and your employer.
  • Conduct falls into three zones: legal and ethical, legal but unethical, ethical but illegal.
  • Legal but unethical: trading on material nonpublic information where no law forbids it; CFA Institute considers it unethical.
  • Ethical but (possibly) illegal: civil disobedience and whistleblowing, which may break laws or employer policies.
  • More regulation is not a complete fix: laws lag practice, can be vague, conflicting or narrow, create new loopholes, vary by jurisdiction and are interpreted to advantage.
  • Legal standards are often rule based; ethical conduct goes beyond them and needs judgement about all stakeholders.

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