Code of Ethics & Standards of Conduct Flashcards
Code of ethics
- Act with honesty, competence and diligence
- Act in the client’s best interest
- 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
Standards of conduct
A, Duties owed to clients
- Fiduciary duty:
a. Duty of loyalty:
- client comes first
- avoid or disclose conflicts of interest
- best interest of the client, without financial interest of the CFP
b. Duty of care:
- CFP must act with care, skill, prudence and diligence
c. Duty to follow client instructions:
- comply with objectives of the engagement
Standards of conduct
A, Duties owed to clients
- Integrity:
- be honest
- no fraud
- no false statements
Standards of conduct
A, Duties owed to clients
- Competence:
- relevant knowledge
- bring in help from other professionals if needed
- limit engagement if unable to provide all that is needed
Standards of conduct
A, Duties owed to clients
- Diligence:
- provide professional service in a timely manner
Standards of conduct
A, Duties owed to clients
- Disclose and manage conflicts of interest
- must disclose material conflicts of interest and ensure the client is aware and approves of continuing the engagement
- need to be sure the client understands them
- written consent is no required, but there must be evidence that the client is aware
Standards of conduct
A, Duties owed to clients
- Sound and objective professional judgment:
- do not accept gifts that could compromise sound judgment
Standards of conduct
A, Duties owed to clients
- Professionalism:
- treat clients and other professionals with dignity, courtesy and respect
Standards of conduct
A, Duties owed to clients
- Comply with the law:
Self explanatory
Standards of conduct
A, Duties owed to clients
- Confidentiality and privacy:
Don’t share client information
a. for ordinary business, professionals who are authorized or within your firm can share info
b. for legal purposes to the extent permitted by the law can share info ex. law suit
- firm must comply with reg S-P
Standards of conduct
A, Duties owed to clients
- Provide information to a client
Prior to engaging in financial advice CFP must provide client with
- description of service
- how client pays with a full description
- how the CFP and firm are compensated
- contact info for regulator where records may be found about history of firm/professional
- any other material information
- while providing advice must provide terms of engagement
- keep info updated and provide client with material changes
Standards of conduct
A, Duties owed to clients
- Duties when communicating with clients
Accuracy and easily understood
Standards of conduct
A, Duties owed to clients
- Duties when representing compensation method:
Fee only: no sales related compensation
Fee based: fees and sales related compensation
Sales related compensation: ex. commissions, trailers, 12b-1 fees, spreads, transaction fees, revenue sharing, solicitor/referral fees,
Related parities: family members or business entities that benefit
Standards of conduct
A, Duties owed to clients
- Duties when recommending, engaging and working with additional persons:
Must be open, clearly defined scope and have the client’s interest as priority
Standards of conduct
A, Duties owed to clients
- Duties when selecting, using and recommending technology:
- know assumptions used
- be sure it produces reliable results