How to understand loyalty, prudence and care in duty to clients?

Must keep information about current, former, and prospective clients confidential unless:

The information concerns illegal activities on the part of the client, may have an obligation to report the activities to the appropriate authorities;

Disclosure is required by law; or

The client or prospective client permits disclosure of the information.（在法律允许或客户同意的情况下可以披露）

Must continue to maintain the confidentiality of client records even after the client relationship has ended.  If a client or former client expressly authorizes the disclosure, may follow the terms of the authorization and provide the information.

Compliance with Laws

As a general g matter, must comply with applicable law.

If applicable law requires disclosure of client information in certain circumstances, members and candidates must comply with the law.（在某些情况下法律要求，就必须披露）

If applicable law requires maintaining confidentiality, even if the information concerns illegal activities on the part of the client, should not disclose. （法律要求保密，即使违法也要保密）

When in doubt, should consult with compliance personnel or legal counsel before disclosing confidential information about clients.

Members and Candidates have a duty of loyalty to their clients and must act with reasonable care and exercise prudent judgment. （要有合理的审慎和慎重的判断）

Must act for the benefit of their clients and place their clients’ interests before their employer’s or their own interests. （把客户的利益放在雇主之前，自己之前）

Must place clients' interests before their own.

Capital market > Clients > Employer > Self

Any pooling of funds must be managed in strict accordance to the trust documents. （信托资产的管理必须严格遵守信托文件）