Material Non-Public Information or not?

Jim Kent is an individual investment advisor in San Francisco with 300 clients. Kent uses open-ended mutual funds to implement his investment policy. For most of his clients, Kent has used the Baker fund, a small company growth fund based in Boston, for a portion of their portfolio. As a result he has become very friendly with Keith Dunston, the manager of the fund, whom Kent feels is mainly responsible for Baker’s performance. One day Dunston calls Kent and tells him that he will be leaving the fund in four weeks and moving to San Francisco to work for a different money management company. Dunston is seeking suggestions on housing in the area. Baker has not yet announced Dunston’s departure. Kent immediately finds a fund that is a suitable replacement for the Baker fund, and over the next two days he calls his 30 clients with the largest dollar investments in the funds and tells them he feels they should switch their holdings. Baker feels the remaining clients’ positions are small enough to wait for their annual review to switch funds. Kent has:

A) violated the Standards by not dealing fairly with clients and regarding material nonpublic information.

B) violated the Standards by not dealing fairly with clients but has not violated the Standards regarding material nonpublic information.

C) violated the Standards regarding nonpublic information but has not violated the Standards in failing to deal fairly with clients.

The correct answer is B

Can someone pls explain why isn’t it a violation of material non-public information?

Why would the information move the price of the fund?

I think you could argue that if when this news goes public the fund will have a liquidity crisis, will be forzen for withdrawls and the fund was some significant holdings and their will be price pressure on these stocks than it could be inside information.

But if is a liquid fund with the abiity to redeem at any any time I don’t see the information as price sensitive.

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okay…thanks

The key is open end fund (redemption at NAV). If it was a closed-end fund, then it would be an issue with material non-public inf.

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okay…thanks