Exam Tips - Ethics, Fundamentals, & Insurance Flashcards
ALWAYS bar list for becoming CFP certified
- Felony conviction for theft, embezzlement, or other financially based crimes
- Felony conviction for tax fraud or other tax-related crimes
- Revocation of a financial professional license, unless the revocation is administrative in nature
- Felony conviction for any degree of murder or rape
- Felony conviction for any other violent crime within the last five years
PRESUMED bar list for becoming CFP certified
- Two or more personal or business bankruptcies
- Revocation or suspension of a non-financial professional license, unless the revocation is administrative in nature
- Suspension of a financial professional license, unless the suspension is administrative in nature
- Felony conviction for nonviolent crimes (including perjury) within the last five years
- Felony conviction for violent crimes other than murder or rape that occurred more than five years ago
Which of the following is not an element of the CFP Board requirement of Fiduciary Duty?
a) Duty of Diligence
b) Duty of Loyalty
c) Duty of Care
d) Duty to Follow Client Instructions
A. Duty of Diligence
- The Duty of Diligence requires a CFP professional to provide services to their clients in a timely and thorough manner. Diligence is not a required element of Fiduciary Duty.
Amber applied for CFP® certification and was denied. Her prior conduct falls under the “presumed list” and she wants
to appeal. Which of the following is true regarding the review process?
a) She must call the Professional Review staff within 15 days and tell them that she plans to submit to the review
process.
b) A fee will be charged.
c) A final decision whether to deny or grant the petition will be made within 120 days of application.
d) The Disciplinary and Ethics Commission’s decision regarding a petition for consideration is final and may never
be appealed.
B. A fee will be charged
There is nor requirement to call, nor is there any set day in which a decision must be made, a written petition for reconsideration must be submitted. A decision may be appealed if relevant professional revocation or suspension is vacated or the relevant felony conviction is overturned
- Ralph, a CFP® professional, was the financial advisor for Sue and her husband Bob, who had recently passed away.
Bob’s assets included an IRA with Sue as the named beneficiary. Ralph advised Sue that she could disclaim her interest
as beneficiary of the IRA, which would allow its value to pass to her two children. However, Ralph did not notify the
custodian issuer of the IRA that Sue had disclaimed her interest in the IRA. Ralph acknowledged during his hearing with
the Disciplinary and Ethics Commission that he could have annuitized the existing annuity in the IRA, which would have
been less costly for Sue than purchasing a new annuity for each of her children. The Commission determined that
annuitizing the existing annuity would have avoided early withdrawal penalties and the effects on taxable income on Sue’s
children, and issued a Public Letter of Admonition to Ralph. The Commission ordered Ralph to complete, in addition to
the 30 hours of continuing education for renewal, 12 hours of continuing education, including four hours
each in estate planning, investments and estate distributions. Ralph violated all of the following provisions
of the Code of Ethics EXCEPT?
a) Failed to exercise reasonable and prudent professional judgment in providing professional services
b) Failed to act in the best interest of the Client
c) Failed to modify the scope of the agreement and to bring in an estate planning attorney
d) Failed to make and/or implement only recommendations that were suitable for the Client
C. Failed to modify the scope of the agreement and to bring in an estate planning attorney
- Ralph failed to apply knowledge and skill in Bob’s passing. Ralph did not act as a fiduciary nor recommend options to maximize the potential of meeting client goals. The fact pattern does not indicate Ralph failed to identify and select goals.
For many years, Samuel has been employed as a financial advisor at a leading brokerage firm where he conducts
suitability reviews and makes investment recommendations for his clients. He recently obtained his CFP® certification and
has just signed an agreement with Thomas, a new client, for a comprehensive financial plan. According to the Code of
Ethics, all of the following represent additional requirements for Samuel in his engagement with Thomas compared with
his other clients EXCEPT:
a) Samuel must understand the new client’s personal and financial circumstances by gathering qualitative and
quantitative information.
b) Samuel must Identify and prioritize goals through the financial planning process.
c) Thomas must receive an oral disclaimer identifying Samuel’s sources of compensation.
d) Thomas must receive a written notice of confidentiality policies at the time of engagement
C. Thomas must receive an oral disclaimer identifying Samuel’s source of compensation.
- A CFP professional engaged for Financial Planning must clearly describe and provide clients with their methods of compensation in writing.
John is a CFP® professional and is engaged in the financial planning process with his client Frank. John is in the data
gathering process and has collected bank statements, insurance policies, estate documents, and all other relevant
information with the exception of tax returns. Frank refuses to supply the tax returns or any documents that support his
income claims. John’s best course of action is to?
a) The CFP Board’s Code of Ethics and Standards of Conduct require John to disengage from the client until such
time Frank is willing to supply tax returns or other documents to support his income.
b) If John suspects that Frank is evading taxes or underreporting his income, John is required by the Code of Ethics
and Standards of Conduct to report his suspicions to the appropriate regulatory authorities.
c) John should contact the IRS and request a copy of tax returns for the past three years, with or without the consent
of the client.
d) John may limit the scope of the engagement to recommendations for which he has sufficient and relevant
information or disengage from the client.
D. John may limit the scope of the engagement to recommendations for which he has sufficient and relevant information or disengage from the client.
- According to Practice Standard 1.ii: Obtaining Quantitative Information and Documents, if the practitioner is unable to obtain sufficient and relevant quantitative information and documents to form a basis for recommendations, the
practitioner shall either: restrict the scope of the engagement to those matters for which sufficient and relevant information is available or terminate the engagement. Answer A is incorrect because the Practice Standard permits the practitioner to either limit the scope of the engagement or disengage. Answer B is incorrect because the Standards of Professional Conduct do not require a CFP® professional to report suspicions to the appropriate regulatory authority. Answer C is incorrect because John must receive the information from his client. He cannot request copies of the tax returns without the consent of his client
Mary is a CFP® professional and is in the analyzing and evaluating step of the financial planning process. Mary is
developing a capital needs analysis for her client and has established assumptions for tax rates, investment returns and inflation rates. Her client disagrees with Mary’s assumptions regarding inflation and other economic variables used in the retirement needs analysis calculation. What should Mary do next?
a) If Mary and her client are unable to agree on the assumptions used for the retirement capital needs analysis,
Mary should limit the scope of the engagement and exclude retirement capital needs analysis from her
recommendations.
b) Mary should use the assumptions that result in the most conservative recommendations for retirement funding.
c) The CFP Board’s Code of Ethics and Standards of Conduct require Mary to disengage from the client.
d) Mary should provide her client with multiple projections, consistent with all varying assumptions.
A. If Mary and her client are unable to agree on the assumptions used for the retirement capital needs analysis, Mary should limit the scope of engagement and exclude retirement capital needs analysis from her recommendations.
- According to Practice Standard 2.a. Identifying Potential Goals. A CFP® professional must discuss with the Client the CFP® professional’s assessment of the Client’s financial and personal circumstances, and help the Client identify goals, noting the effect that selecting a particular goal may have on other goals. In helping the Client identify goals, the CFP® professional must discuss with the Client, and apply, reasonable assumptions and estimates. These may include life expectancy, inflation rates, tax rates, investment returns, and other Material assumptions and estimates.”
RIA Exceptions “to Registration” with the SEC
The exception is that TABLEs are incidental:
- Teachers
- Accountants
- Brokers
- Lawyers
- Engineers
RIA Exemptions “From Registration”
VIPS are SaFE from exemptions:
- Venture Capital
- Insurance
- Private funds less than $150M
- home State
- Foreign advisors
- securities not on a national Exchange
Accredited Investor
1, 2 , 3, 4 Test:
- $1 million net worth (exclusive of a personal residence) reviewed at least every 4 years
- Make a minimum of $200,000 per year on average if single
- Make a minimum of $300,000 per year on average if married
Brad, just out of college, has finished studying for his series exams. Brad passed both the Series 6 & 7 secu-rities licensing exams. Brad can now sell all of the following except:
a) Mutual Funds.
b) Options.
c) Variable Life Insurance.
d) UIT.
C. Variable Life Insurance
- Based on the question, we can infer that Brad has not passed a state insurance licensing exam. We know that he can now sell mutual funds, options, and UITs.
The Financial Planning Process
Even God Admits Dat It’s Mesmerizing!
- Establish client - planner relationships
- Gathering client data - determining goals and expectations
- Analyze and evaluate client’s financial status
- Developing and presenting the financial plan
- Implementing the financial plan
- Monitoring the financial plan
Three-Panel Approach (Risk): Life Insurance & Health Insurance Coverage
Life Insurance - 10-16 x gross pay
Health Insurance - >= $1M lifetime benefit
Three-Panel Approach(Risk): Disability Coverage
60-70% of gross pay
Three-Panel Approach (Risk): Property - Home and Auto Coverage
<= FMV
Three-Panel Approach (Risk): LTC Coverage
Inflation-protection 36-60 months
Three-Panel Approach (Risk): PLUP
$1-3M
Three-Panel Approach (Short-Term Savings & Investments): Emergency Fund
3-6 months
= current assets / monthly non-discretionary cash flows
Three-Panel Approach (Short-Term Savings & Investments): Housing Ratio 1
28% of GROSS INCOME
= PITI / Monthly Gross Income
Principal Interest Taxes (homeowner’s) Insurance
Three-Panel Approach (Short-Term Savings & Investments): Housing Ratio 2
36% of GROSS INCOME
= (PITI + Recurring Debt Payments) / Monthly Gross Income
Three-Panel Approach (Short-Term Savings & Investments): Debt Analysis
Good - anytime the useful life of the asset far exceeds the term of debt; Ex) 15-year mortgage or 3-year car loan
Bad - Ex) includes carrying credit card debt each month
Reasonable - Ex) 30-year mortgage or 5-year car loan
Three-Panel Approach (Long-Term Savings & Investments): Education Funding
$3000/$6000/$9000 per child per year for 18 years
Three-Panel Approach (Long-Term Savings & Investments): Retirement Amount, Savings Rate, Return, & Risk
Amount = 16 x Pre-Retirement Income
Savings Rate = 10-12%
Retirement Return = 8-10% (expected)
Risk/STD = 8-14%