1 - GP Flashcards

General Principles

1
Q

A certificant shall notify CFP Board in writing of any charge of a felony or relevant misdemeanor within ____ days.

A

30 calendar days after the date on which the certificant is notified of the charge, suspension, or bar

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2
Q

Code of Ethics

Principle of Professionalism

A

CFP® must conduct business in a professional manner

Violated failing to supervise subordinates

Violated by bashing competitor CFP® professionals

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3
Q

Commingle Client Funds

Permitted / Not Permitted

A

Permitted: Commingling one or more client’s funds or other property together is permitted, subject to compliance with applicable legal requirements and provided accurate records are maintained for each client. Client funds can be commingled in a common client investment account.

Not Permitted: CFP® certificant may not commingle client funds with the funds of the financial planning firm.

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4
Q

Written Agreement Specifications

A
  1. The parties to the Agreement,
  2. The date of the Agreement,
  3. How and on what terms each party can terminate the
    Agreement, and
  4. The services to be provided as part of the
    Agreement.
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5
Q

Form ADV

Part 2 Components

A
Fee structure
Types of clients
Method of analysis
Investment strategies
Educational background
Security affiliations
Other business activities
Conditions for managing accounts
Participation in securites transactions
Investment discretion
Balance sheet (specific circumstances)
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6
Q

General Principles Flashcards

March 2020

A

Side left blank.

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7
Q

Code of Ethics

Principle of Competence

A

CFP® must stay current with new rules and products

Violated if 30 hours of continuing education is not completed every 2 years

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8
Q

Fee Based vs. Fee Only

A

Fee based:

cannot call themselves fee based
can derive income from fees and sales related compensation like:
commissions
referrals
loads, etc.
Fee only:
No income is derived from sales-related compensation to the CFP® professional, their firm, or related parties.
can charge only fees:
Hourly, fixed, or flat rate
Percentage or asset based fees
Performance based fees
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9
Q

Financial Industry Regulatory Authority (FINRA)

Key Licenses

A

Series 6: Sells mutual funds, UITs, and variables (only new UITs)

Series 7: Sells all general securities EXCEPT commodities and certain options

Series 63: Uniform Securities Agent State Law Exam; designed to qualify candidates as securities agents

Series 65: Uniform Investment Advisor Law Exam; designed to qualify candidates as investment adviser representatives

Series 66: Uniform Combined State Law Exam; designed to qualify candidates as both securities agents and investment adviser representatives

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10
Q

Financial Industry Regulatory Authority (FINRA)

formerly National Association of Security Dealers (NASD)

Registration Process

A

Anyone seeking to sell securites must register with FINRA.
Associates with a broker/dealer
Registers with FINRA through broker/dealer on Form U-4
Passes appropriate required exam
Receives a CRD Number (Central Registration Depository System)

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11
Q

Prior to entering into an agreement, the certificant shall provide written information or discuss what?

A

CFP® professionals are required to disclose/discuss the obligations and responsibilities of each party under the agreement with respect to:
1. Gathering and providing appropriate data,
2. Defining goals, needs, and objectives,
3. Examining the result of the current course of action
without changes,
4. The formulation of any recommended actions,
5. Implementation responsibilities, and
6. Monitoring responsibilities.

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12
Q

Education Needs Analysis

(calculation steps to determine amount
to deposit to fund at age 18)

A

Determine …

How much the first year of college will cost - End mode
Amount that must be available when child is age 18 - Begin mode and inflation adjusted
How much the parent needs to save either lump sum PV or yearly PMT - Begin or End mode
Reference: Calculator Section

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13
Q

College Savings vs. Prepaid Tuition

A

College Savings: Prepaid Tuition:
1. Market based performance Tracks tuition inflation
2, Risk tolerant investor Risk averse investor
3. Aid: parent’s/grandparent’s Same
asset
4. Open enrollment Limited enrollment
5. Includes graduate school May be limited to
undergrad
6. Not restricted to tuition / fees Restricted tuition
7. Not restricted for out-of-state May restrict out-of
state
8. Not state guaranteed May/may not be state
guaranteed
9. School choice does not impact School choice impacts
10. Refunds = return on investment; Refunds = investment
earnings subject to penalty + low interest
11. May use up to $10K per year (n/a)
for K-12 tuition

Prepaid Tuition: N/A

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14
Q

Discipline and Ethics Commission Investigative and Hearing Process

A

Grievance
Notice to investigate - response due within 30 days
Issue complaint - answer due within 20 days
Pre-hearing
Decision order within 45 days
Petition to appeal with 15 days of decision

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15
Q

Saving Strategies

percentage of gross income

A

A family should save at least 5-8% of gross income.

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16
Q

Code of Ethics

A
  1. Act with honesty, integrity, competence, and diligence
  2. Act in the client’s best interests
  3. Exercise due care
  4. Avoid or disclose and manage conflicts of interest
  5. Maintain the confidentiality and protect the privacy of
    client information
  6. Act in a manner that reflects positively on the financial
    planning profession and CFP® professionals
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17
Q

Standards of Conduct

A
  1. Duties Owed to Clients
  2. Financial Planning and Application of the Practice Standards for the Financial Planning Process.
  3. Practice Standards for the Financial Planning Process.
  4. Duties Owed to Firms and Subordinates
  5. Duties Owed to CFP Board
  6. Prohibition of Circumvention
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18
Q

Who can own EE education bonds?

Can EE education bonds be owned
by an UTMA account?

A

Only a person over 24, normally a parent.

No, only a person over 24 or a parent.

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19
Q

Client Responsibilities

A
  1. Active role in their financial future
  2. Realistic goals
  3. Treat planner in professional manner
  4. Share relevant personal financial information
  5. Provide contact information of other advisers to create overview
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20
Q

Conflict of Interest

A

A CFP® certificant who is a Registered Representative at the very minimum must disclose his/her broker-dealer relationship to the client. The CFP® certificant who has an insurance license should disclose that relationship with the client.

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21
Q

Ordinary Annuity
and
Annuity Due (Payments)

(calculator inputs: begin/end mode)

A

Begin

College tuition
Retirement benefits
Family needs
End

401(k) deferrals
Profit sharing contributions
Bond interest
Mortgage payments
Reference:  Calculator Section
22
Q

Use of Initials
Certified Financial Planner
(How to use CFP Marks)

A
John Smith, Inc. CFP® (prohibited)
John Smith, CFP® (OK)
C.F.P. (prohibited)
CERTIFIED FINANCIAL PLANNER™ (OK)
CFP™ (prohibited)
23
Q

Avoiding Gift Tax on 529 Funding

A

Up to 5 times annual gift tax exclusion ($15,000 in 2019) or $75,000 may be deposited to 529 with no gift tax
- presumes donor lives 5 years
Gift splitting results in a $150,000 deposit without gift tax

24
Q

Kiddie Tax

General Principles

A

Will now be taxed like trust income
The parents rates do not apply
Not over $2,600 taxed at 10%
$2,601 - $9,300 taxed at $255 + 24% over $2,600
$9,301 - $12,750 taxed at $1,868 + 35% over $9,300
over $12,750 taxed at $3,075.50 + 37% over $12,750

25
Forms of Discipline
``` Private censure Public censure Suspension - up to 5 years Revocation - permanent Possibly additional Continuing Education ```
26
Allowable expenses of a Coverdell ESA
Tuition, fees, tutoring, special needs services, books, and supplies Room and board, uniforms, transportation, and extended day programs Computer technology or certain equipment or internet access
27
Main sources of compensation | that must be disclosed
``` Compensation is defined as the following: 12b-1 fees Cash bonuses Trailing commissions Compensation from wrap-free programs Ticket charges Fees on mutual funds Solicitation fees ```
28
What is in a mutual funds prospectus?
``` Investment objectives Investment strategies Risks of investing in the fund Past performance Distribution policy Fees and expenses Fund management No future projections ```
29
529 Rollover
If the owner rolls over the value of the prepaid account to another beneficiary in a generation below that of the current beneficiary, rollover will be treated as a taxable gift. If the rollover stays in the same generation, there is no taxable gift.
30
Steps in | Financial Planning Process
1 Understanding the Client's Personal and Financial Circumstances 2 Identifying and Selecting Goals 3 Analyzing the Client's Current Course of Action and Potential Alternative Course(s) of Action 4 Developing the Financial Planning recommendation(s) 5 Presenting the Financial Planning recommendation(s) 6 Implementing the Financial Planning recommendation(s) 7 Monitoring Progress and Updating
31
Exceptions for | Filing as Investment Adviser
Banks that are not also investment companies Lawyers, Accountants, Teachers - advice is incidental Broker/dealers or registered reps whose performance is incidental and who receives no special compensation for advice Publishers of bona fide newspaper or financial publication One who gives advice only relating to U.S. government securities Adviser's clients are in one state Adviser whose only clients are insurance companies The family office
32
Form ADV | Part 1 Components
``` Applicant Background of applicant Location Form of business Disciplinary action Investment philosophy ```
33
Change of 529 Beneficiary
``` The owner can change the beneficiary Approved beneficiaries if a family member of original beneficiary: Parent / Stepparent Grandparent / Grandchild Child / Stepchild Sibling Stepbrother / stepsister Niece / nephew Aunt / uncle Brother-in-law / sister-in-law Father-in-law / mother-in-law Daughter-in-law / son-in-law First cousin Spouse ```
34
Establishing Emergency Fund 3 months vs. 6 months
3 months: Single with 2nd source of income Married both work and have similar wages Married, only 1 spouse works but has 2nd source of income 6 months: Single wage earner Married, only 1 spouse works
35
Recession vs. Depression
Recession: two consecutive quarters of decline in real GDP Depression: severe or long recession (6 quarters)
36
Economic Policies
Fiscal Policy: federal taxation and spending designed to level out the business cycle Monetary Policy: Federal Reserve Board influences the growth of money supply
37
Code of Ethics Principle of Confidentiality
Client information not to be shared with third parties unless: Client grants permission CFP® receives court or regulatory order (IRS/SEC/FINRA) Information needed for CFP® to defend self against charges from client
38
What is a Fiduciary
Person, company, or association holding assets in trust for a beneficiary Charged with the responsibility of investing money wisely for the beneficiary's benefit Owes utmost good faith EXAMPLES Executors of wills and estates Receivers in bankruptcy Trustees Those who administer the assets belonging to underage or incompentent beneficiaries
39
Education Saving Bonds EE Bonds (for tax-free EE bond redemption)
Bonds are normally purchased in the parent's name Savings bonds can be in an UTMA account, but then cannot qualify for the educational expense exclusion. If redeemed for college tuition, interest is taxable. Bonds must be redeemed in a year in which the owner pays qualified higher education expenses, defined as tuition and fees only. Interest fully exempt from federal income tax only For parents to receive full benefit as tax-free status, parent's adjusted gross income must be below certain thresholds
40
Code of Ethics Principle of Objectivity
CFP® must be objective as to his/her abilities Planner must recommend product in light of each clients needs Violated by failing to call in other experts needed or recommending same products to all clients
41
``` Debt Management Ratios Housing Expenses (PITI) ```
< 28% of gross income PITI
42
Types of Bankruptcy
Chapter 11: not qualified for Chapter 13 because debt exceeds limitations or do not have regular source of income Chapter 13: reorganization; debtor is not required to relinquish assets Chapter 7: permits debtor to claim either federal or state exemptions Debts that are not cancelable by bankruptcy are students loans, government loans, child support, or alimony. NOTE: Only Chapter 7 is covered and tested.
43
Code of Ethics Principle of Integrity
Client's interest first and foremost Violated by generating excessive compensation to the CFP® professional
44
Fitness Standards regarding Candidate Bankruptcies Consequences of Bankruptcy
1. One bankruptcy does not generally result in revocation 2. Two or more bankruptcies result in denial, however applicant may explain circumstances to seek a reversal. NOTE: One bankruptcy may result in a public censure but Respondent can request a hearing.
45
Financial Aid Options
Pell Grants: Available to full-time students as well as those carrying six or more credit hours; maximum award $6,095 maximum Parent Loan for Undergraduate Students PLUS: non-need based as anyone can apply Subsidized Stafford Student Loans: Available to students who show financial need; loan is limited Supplemental Education Opportunity Grants: Available for Pell Grants recipients only and offer up to $4,000 per year
46
``` Coverdell ESAs (Educaton Savings Accounts) Contributions Characteristics Limitations ```
Contributions Up to $2K/yr Coverdell ESA to benefit each child under age 18 Not deductible Earnings accumulate tax-deferred Amounts are distributed free of tax & penalities - qualified use Characteristics Set up in custodial type account Contributions for taxable year can be made up to file due date Limitations Limited to $2K per year, per student in 2019 May be made by child, parents, grandparents, or others Made to qualified program and Coverdell in same year - no excise tax Single $95-110K of MAGI; Married jointly $190-220K
47
Ordinary Annuity and Annuity Due (Payments) (calculator inputs: positive / negative)
When one of the inputs or the solution is a payment, the calculator must be in the proper mode (begin or end). Payments are either positive (+) / negative (-). Positive: money deposited into the client's checking account CD or bond interest rec'd by client Dividends rec'd by client Pension or IRA distributions rec'd by client, not pension deposits Withdrawals from mutual funds rec'd by client Negative: Checks written from client's checking account Investments into mutual funds, stocks, bonds, IRAs Repair to investment property owned by client Pension or 401(k) deposits made by client's employer Reference: Calculator Section
48
Repo vs. Reverse Repo
One of the tools of the Federal Reserve Board that influences short-term Repo: Fed buys securities - expansionary / easy money policy Reverse Repo: Fed sells securities - contractionary / tight money policy
49
Major Federal Securities Acts
Securites Act of 1933 - Requires that new issues purchasers be provided with a detailed prospectus before a purchase was completed. Securites Act of 1934 - Regulates the secondary market (trading of issued securities). Act also created the SEC to enforce securities laws. Investment Company Act of 1940 - Authorized the SEC to regulate unit investment trusts (UITs) and managed investment companies (closed-end and open-end funds) plus variable products. Securities Investors Protection Act of 1970 - Established the SIPC to supervise securities firms that get into financial difficulties. The SIPC insures investors against losses arising from the failure of a brokerage firm.
50
Loan between Board certificant - client rules and Recognized Exceptions
Standard A.15 A CFP® professional may not directly or indirectly borrow money from or lend money to a client Exceptions to Borrowing (client loaning to practitioner) When client is a family member When client is a financial institution with normal business activity in lending money.
51
Code of Ethics Principle of Diligence
CFP® must research products CFP® must research other professionals before recommending them Violated by recommending an investment without understanding its risk Violated by recommending an attorney without knowing his/her experience
52
Buy vs. Lease / Rent
Buying a Home - Advantages Tax deductions for interest and property taxes Capital gains on the sale of the in excess of the exclusion ($250,000 single/married filing separately; $500,000 MFJ) Renting a Home - Advantages Rent could be lower than a mortgage payment, this would equate to additional savings. NOTE: Normally the higher the marginal tax bracket, the greater the advantage of owning a home. You must also consider the time frame. Living in an area for a short period of time would favor renting, whereas a long period would favor ownership.