CFP Ethics and Conduct Flashcards
What are the principles of Its Code of Ethics and Standards or Conduct?
- Act with honesty, integrity, competence, and diligence.
- Act in the client’s best interests.
- Exercise due care.
- Avoid or disclose and manage conflicts of interest.
- Maintain the confidentiality and protect the privacy of client information.
- Act in a manner that reflects positively on the financial planning profession and CFP® certification.
What are the Standards of Its Code of Ethics and Standards or Conduct?
Duties Owed to Clients
Financial Planning and Application of the Practice Standards for the Financial Planning Process
Practice Standards for the Financial Planning Process
Duties Owed to Firms and Subordinates
Duties Owed to CFP® Board
Prohibition on Circumvention
What is Considered Financial Advice?
The development or implementation of a Financial Plan;
The value of or the advisability of investing in, purchasing, holding, gifting, or selling Financial Assets;
Investment policies or strategies, portfolio composition, the management of Financial Assets, or other financial matters; or
The selection and retention of other persons.
WHAT IS NOT CONSIDERED FINANCIAL ADVICE?
A communication that, based on its content, context, and presentation, would not reasonably be viewed as a recommendation;
Responses to directed orders; and
The following, if a reasonable CFP® professional would not view it as Financial Advice: 1. Marketing Materials; 2. General Financial Education; and 3. General Financial Communications.
If disclosure is provided on an annual basis, is that sufficient to meet requirements of this Standard of Conduct?
No, Disclosure is not always a one-time event.
What is the definition of Fiduciary Duty?
At all times when providing Financial Advice to a Client, a CFP® professional must act as a fiduciary, and therefore, act in the best interests of the Client.
What Fiduciary Duties must be fulfilled?
Duty of Loyalty
Duty of Care
Duty to follow client Instructions
Financial Planning Definition:
Financial Planning is a collaborative process that helps maximize a Client’s potential for meeting life goals through Financial Advice that integrates relevant elements of the Client’s personal and financial circumstances.
Any entity on behalf of which a CFP® professional provides Professional Services to a Client, and that has the authority to exercise control over the CFP® professional’s activities, including the CFP® professional’s employer, broker-dealer, registered investment adviser, insurance company, and insurance agency.
CFP® Professional’s Firm(s)
Any person, including a natural person, business organization, or legal entity, to whom the CFP® professional provides or agrees to provide Professional Services pursuant to an Engagement.
Client
Conflict of Interest is…
When a CFP® professional’s interests (including the interests of the CFP® Professional’s Firm) are adverse to the CFP® professional’s duties to a Client, or
b. When a CFP® professional has duties to one Client that are adverse to another Client.
The power, directly or indirectly, to direct the management or policies of the entity at the relevant time, through ownership, by contract, or otherwise.
Control
A person who has Control
Control Person
An oral or written agreement, arrangement, or understanding.
Engagement
Who is considered Family?
Grandparent, parent, stepparent, father-in-law/mother-in-law, uncle/aunt, spouse, former spouse, spousal equivalent, domestic partner, brother/sister, stepsibling, brother-in-law/sister-in-law, cousin, son/daughter, stepchild, son-in-law/daughter-in law, nephew/niece, grandchild, and any other person the CFP® professional, directly or indirectly, supports financially to a material extent.
What is considered Finacial Advice?
Communication that, based on its content, context, and presentation, would reasonably be viewed as a recommendation that the Client take or refrain from taking a particular course of action or The exercise of discretionary authority over the Financial Assets of a Client.
What are Financial Assets?
Securities, insurance products, real estate, bank instruments, commodities contracts, derivative contracts, collectibles, or other financial products.
Information is _____ when a reasonable Client or prospective Client would consider the information important in making a decision
material
What is considered Professional Services?
Financial Advice and related activities and services that are offered or provided, including, but not limited to, Financial Planning, legal, accounting, or business planning services.
A person or business entity (including a trust) whose receipt of Sales-Related Compensation a reasonable CFP® professional would view as benefiting the CFP® professional or the CFP® Professional’s Firm, including, for example, as a result of the CFP® professional’s ownership stake in the business entity.
A Related Party
Included Business entities and family
The Professional Services to be provided pursuant to an Engagement.
Scope of Engagment
Application of Practice Standards- Section B
Must comply when The CFP® professional agrees to provide or provides: Financial Planning; or
Financial Advice that requires integration of relevant elements of the Client’s personal and/or financial circumstances in order to act in the Client’s best interests (“Financial Advice that Requires Financial Planning”); or
The Client has a reasonable basis to believe the CFP® professional will provide or has provided Financial Planning.
What are the determining factors whether a CFP® professional has agreed to provide or provided Financial Advice that Requires Financial Planning?
- The number of relevant elements of the Client’s personal and financial circumstances that the Financial Advice may affect;
- The portion and amount of the Client’s Financial Assets that the Financial Advice may affect;
- The length of time the Client’s personal and financial circumstances may be affected by the Financial Advice;
- The effect on the Client’s overall exposure to risk if the Client implements the Financial Advice; and
- The barriers to modifying the actions taken to implement the Financial Advice.
If a CFP® Professional otherwise must comply with the Practice Standards, but the Client does not agree to engage the CFP® Professional to provide Financial Planning, the CFP® Professional must:
- Not enter into the Engagement;
- Limit the Scope of Engagement to services that do not require application of the Practice Standards, and describe to the Client the services the Client requests that the CFP® Professional will not be performing;
- Provide the requested services after informing the Client how Financial Planning would benefit the Client and how the decision not to engage the CFP® Professional to provide Financial Planning may limit the CFP® Professional’s Financial Advice, in which case the CFP® Professional is not required to comply with the Practice Standards; or
- Terminate the Engagement.