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Conflicts of Interest Among Brokerage-Firm Analysts Must be Better Managed, Investment-Association Leaders Say.


Business Editors

LOS ANGELES--(BUSINESS WIRE)--May 21, 2001

AIMR AIMR

See Association for Investment Management and Research (AIMR).
 Task Force On Analyst Independence At Work

On New ``Research Objectivity Standards''

Long-standing conflicts of interest among brokerage-firm analysts have been aggravated ag·gra·vate  
tr.v. ag·gra·vat·ed, ag·gra·vat·ing, ag·gra·vates
1. To make worse or more troublesome.

2. To rouse to exasperation or anger; provoke. See Synonyms at annoy.
 by the technology-market "bubble" and a heavy investor emphasis on initial public offerings, the head of an industry task force on analyst independence said today. While some conflicts may be unavoidable, they need to be better managed, he said.

"The vast majority of the investment-professional community is not subject to the conflicts of interest on which so much attention has been focused," said Arthur Zeikel, retired chairman of Merrill Lynch Merrill Lynch & Co., Inc. (NYSE: MER TYO: 8675 ), through its subsidiaries and affiliates, provides capital markets services, investment banking and advisory services, wealth management, asset management, insurance, banking and related products and services on a global basis.  Asset Management and a member of the Board of Governors of the Association for Investment Management and Research - a global professional association of 50,000 financial analysts, investment managers and advisors.

"The conflicts really have to do with a finite number of brokerage firms that offer a full range of investment services, from retail advisory and brokerage to research to investment banking and corporate finance," he said. "Yet concerns over their objectivity are casting a shadow over the entire profession."

Chairman of the AIMR Task Force on Selective Disclosure and Analyst Independence, Zeikel made these remarks at AIMR's annual "State of the Investment Industry" press briefing at the association's annual meeting in Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. .

"Investing has become a national pastime," Zeikel said, "and many investors who are new to the market are relying on news programs and the Internet for much of their investment information. Too many act on a 'buy' recommendation without even reading the analyst's full research report, which contains a wealth of information about the company's risks and prospects before arriving at a bottom-line recommendation."

Because conflicts of interest have always existed for brokerage-firm analysts and are in many ways unavoidable, Zeikel said, the question is not whether there are pressures on analysts to be unduly bullish Bullish

Word used to describe an investor's attitude. Bullish refers to an optimistic outlook, while bearish means a pessimistic outlook.


bullish 
, but how analysts and their employers can manage those conflicts to minimize the pressure, maintain their objectivity and independence, and then make adequate disclosure to investors.

The task force does not consider an inter-relationship a firm's analysts and investment bankers Investment Banker

A person representing a financial institution that is in the business of raising capital for corporations and municipalities.

Notes:
An investment banker may not accept deposits or make commercial loans.
 to be inherently inappropriate, he noted, as long as analysts are not coerced or enticed into issuing research that does not reflect their true opinions, and as long as conflicts of interest are disclosed to investors.

For instance, brokerage-firm analysts help screen potential clients for the firm, or participate in "road shows" to explain the company financials and competitive market of a particular security to potential investors, Zeikel explained. "After all, they have a more in-depth understanding of the company than the investment banker does," he said.

To help foster a more objective research environment with more explicit disclosure, Zeikel said the AIMR task force he chairs is moving forward on three initiatives:
-- It is developing a position paper on preserving research integrity, which
will describe sources of potential influence on analysts, including investment
bankers, the firm's institutional clients (fund managers) and the public
companies themselves. Zeikel said the paper "hopefully will serve as a
'best practices' guideline of appropriate behavior of all
concerned." The paper is scheduled for release for public comment in June.


-- The task force is developing new "AIMR Research Objectivity
Standards" to provide specific and measurable "best practices"
that a firm should follow to protect the independence and objectivity of its
analysts. Firms that comply with these standards will be encouraged to
publicize their compliance, thus creating a competitive edge by offering
investors greater assurance concerning their analysts' objectivity. Over
time, this should help fuel market demand for research that is identifiably
objective.


AIMR's highly successful Performance Presentation Standards (AIMR-PPS(TM)) and Global Investment Performance Standards (GIPS GIPS - /gips/ or /jips/ [Analogy with MIPS] Giga-Instructions per Second (or possibly "Gillions of Instructions per Second"; see gillion).

In 1991, this was used of only a handful of highly parallel machines and one sequential processor built with Josephson devices.
(TM)), now used in 25 countries as common methodologies based on ethical principles for calculating and reporting investment results, are the models for creation of the new AIMR Research Objectivity Standards. Similarly, AIMR's Soft Dollar Standards have been broadly adopted as the ethical guidelines for acceptable use of "soft dollars" for investment firms acquiring research products and services from directed brokerage.

The Research Objectivity Standards are planned for release for public comment later this year.

-- AIMR will also publish an in-depth "topical study" addendum addendum n. an addition to a completed written document. Most commonly this is a proposed change or explanation (such as a list of goods to be included) in a contract, or some point that has been subject of negotiation after the contract was originally proposed by  to

the AIMR "Standards of Practice Handbook" providing guidance

through specific scenarios addressing what AIMR's 50,000

members and 86,000 Chartered Financial Analyst Chartered Financial Analyst (CFA)

An experienced financial analyst who has passed examinations in economics, financial accounting, portfolio management, security analysis, and standards of conduct given by the Institute of Chartered Financial Analysts.
(TM) (CFA (Computer Fraud and Abuse Act of 1986) Signed into law in 1986, the CFA was a significant step forward in criminalizing unauthorized access to computer systems and networks. The Act applies to "federal interest computers" that include any system used by the U.S. (R))

candidates must do to ensure that their research reports are

adequate and investment recommendations have a reasonable

basis ensuring the independence and objectivity in their work

product.

Analyst Get Less Information Since Reg FD, Survey Says

Turning their attention to another major concern of the investment profession, AIMR leaders said that initial evaluations by analysts of the impact of Regulation Fair Disclosure The U.S. Securities and Exchange Commission's (SEC's) Regulation Fair Disclosure, also commonly referred to as Regulation FD or Reg FD was an SEC ruling implemented in October 2000 ([1]).  (FD), which the Securities and Exchange Commission implemented last October, have been mixed. Regulation FD requires public companies to release "material" information such as earnings warnings simultaneously to all market participants The term market participant is used in United States constitutional law to describe a U.S. State which is acting as a producer or supplier of a marketable good or service. When a state is acting in such a role, it may permissibly discriminate against non-residents. , including individual investors.

AIMR Senior Vice President Patricia D. Walters, CFA, said that, in a survey that AIMR conducted in February, 57 percent of analysts and portfolio managers said the volume of substantive information released by public companies they research has declined since Regulation FD went into effect. Only 14 percent said the volume of substantive information has increased. Moreover, she said, 81 percent of analysts agreed that, since Regulation FD, companies that want to minimize communication with investors can do so more effectively.

"On the plus side," Walters said, "the survey also showed that analysts are doing more fundamental analysis than before - including more review of public documents and filings, more competitive evaluation, and more discussions with customers and competitors."

Walters said the results show a need for a better definition of what constitutes materiality MATERIALITY. That which is important; that which is not merely of form but of substance.
     2. When a bill for discovery has been filed, for example, the defendant must answer every material fact which is charged in the bill, and the test in these cases seems to
, and for companies and investors alike to have a clearer understanding of how to operate in the new environment to ensure a continued flow of information to the markets, she said.

Rational Caution vs. Irrational Exuberance Irrational Exuberance

An infamous phrase uttered by Alan Greenspan in 1996 to describe the overvalued market at the time.

Notes:
Although every word spoken by Mr.


As for market performance in the past year, AIMR President and CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board.  Thomas A. Bowman, CFA, commented, "It's tempting to look at the numbers and conclude that we have taken a step backward. I prefer to look globally - both literally and figuratively fig·u·ra·tive  
adj.
1.
a. Based on or making use of figures of speech; metaphorical: figurative language.

b. Containing many figures of speech; ornate.

2.
 - at the health of markets overall, and I can't help but conclude that markets today are healthier in many ways than a year ago."

"Rational caution has replaced irrational exuberance, and markets perform much more efficiently over the long term when investors go back to fundamentals and make well-founded investment decisions," Bowman said.

Investors and investment professionals alike have been reminded that investing is a long-term strategy requiring careful evaluation of objectives, resources, risk tolerance Risk Tolerance

The degree of uncertainty that an investor can handle in regards to a negative change in the value of their portfolio.

Notes:
An investor's risk tolerance varies according to age, income requirements, financial goals, etc.
 and time horizon.

Investment Professionals Worldwide Learn from Gurus

About 1,000 investment professionals from around the world are attending the AIMR meeting here at the the Century Plaza Hotel The Century Plaza Hotel in Los Angeles is a landmark 19-story luxury hotel forming a sweeping crescent design fronting the spectacular fountains on Avenue of the Stars adjacent to the twin Century Plaza Towers. , viewing exhibits and attending educational workshops and panel discussions. Topics under discussion include technology stock valuation, Regulation FD, looking beneath the surface of financial statements, managing online information, valuation of media and entertainment stocks, issues in fixed-income investing, and many others. Among the more prominent speakers at the meeting are:

-- Peter Drucker Peter Ferdinand Drucker (November 19, 1909–November 11, 2005) was a writer, management consultant and university professor. His writing focused on management-related literature. , the world-renowned management consultant, who

is speaking on the new challenges facing executives, such as

changing demographics The attributes of people in a particular geographic area. Used for marketing purposes, population, ethnic origins, religion, spoken language, income and age range are examples of demographic data.  and the failure of Information

Technology to give executives the information they really

need;

-- William F. Sharpe, the co-winner of the 1990 Nobel Prize Nobel Prize, award given for outstanding achievement in physics, chemistry, physiology or medicine, peace, or literature. The awards were established by the will of Alfred Nobel, who left a fund to provide annual prizes in the five areas listed above.  in

economics, who is speaking about techniques for helping

individuals make good investment decisions;

-- Jeremy J. Siegel, Professor of Finance, University of

Pennsylvania, Wharton School of Business, co-author of the

acclaimed "Stocks for the Long Run," addressing what the

market's turmoil may signal for the future;

-- Ben Stein Benjamin Jeremy Stein (born November 25, 1944) is an American writer and commentator, Emmy Award-winning actor, comedian, and game show host. He was also formerly a lawyer, law professor, and White House speechwriter. He is the son of noted economist and writer Herbert Stein. , author and game-show host, discussing investment

ethics; and

-- Donald H. Straszheim, president of the Milken Institute,

addressing the question of whether we are in a "new" economy,

and the outlook for Japan and Europe

A Web cast of AIMR's state-of-the-industry press briefing will be available for free public viewing at www.aimr.org next week. Highlights of selected conference sessions will also be available online.

Headquartered in Charlottesville, Va., with a regional office in Hong Kong Hong Kong (hŏng kŏng), Mandarin Xianggang, special administrative region of China, formerly a British crown colony (2005 est. pop. 6,899,000), land area 422 sq mi (1,092 sq km), adjacent to Guangdong prov.  and an office about to be opened in London, the Association for Investment Management and Research includes 101 member societies and chapters in 27 countries. More than 86,000 CFA candidates from 143 nations are preparing now to take the organization's CFA exam in the June 2001. Along with the CFA program, AIMR is globally renowned for its stringent professional conduct standards and for its industry-leading advocacy and standard-setting work encouraging full and fair disclosure of financial information for investors and analysts. More information is available at www.aimr.org or 804/951-5499.

SOURCE: AIMR
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Copyright 2001, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:May 21, 2001
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