Financial Fundamentals - Ch 16 Flashcards
Standards of Professional Conduct - consist of 3 parts ?
CODE of Ethics and Standards of Conduct
Procedural RULES
Candidate FITNESS Standard.
The Code and Standards includes
the Code of Ethics and Standards of Conduct. ?
a. True b. False
TRUE
Code of Standards - contains
- Code of Ethics
- Standards of Conduct
What are the 2 areas of the Standards of Conduct and their underlying PRINCIPALS ?
Principals for the “Standards of Conduct “ includes 2 areas :
Fiduciary Duty Duties to clients
——————— ———————–
Loyalty Integrity
Care Competence
Prudence Diligence
Objectivity
Confidentiality
Define a client ?
Client. - 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
Define conflict of interest ?
Conflict of Interest.
- CFP® professional’s interests (including the interests of the CFP® Professional’s Firm) are ADVERSE TO THE CFP® professional’s duties to a Client
- CFP® professional has duties to one Client that are ADVERSE to ANOTHER CLIENT.
How does the CFP board define Family ?
Family. -
Grandparent, parent, stepparent, father-in-law/mother-in-law,
uncle/aunt, spouse, former spouse, spousal equivalent, domestic partner,
brother/sister, step-sibling, 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 3 things define acting as with a Fiduciary DUTY ?
Fiduciary Duty
- Duty of LOYALTY
- Clients interest first
- Avoid conflicts of interest
- Act without regard to your financial interest
- Duty of CARE
- Act with Care, Skill and Prudence
- duty to FOLLOW client instructions.
- That are reasonable and lawful
Define Financial Advice ?
Financial Advice.
a. Communication based on - Content, Context, and Presentation, would reasonably be viewed as Recommendation that the Client take or refrain from
taking a particular course of action with respect to:
1. Development or implementation of a financial plan
2. Value of or the advisability of investing in, purchasing,
holding, gifting, or selling Financial Assets;
3. Investment policies or strategies, portfolio composition, the
management of Financial Assets, or other financial matters;
4. Selection and retention of other persons to provide financial
or Professional Services to the Client; or
b. The exercise of discretionary authority over the Financial Assets of a Client.
The more individually tailored the communication is to the Client, the more likely the communication
- will be viewed as Financial Advice
Define Financial Planning ?
Financial Planning -
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.
What are the 15 Duties Owed to Clients ?
Fiduciary Duty
Integrity
Competence
Diligence
Disclose and mange conflicts of Interest
Sound and Objective Professional Judgement
Professionalism
Comply with the Law
Confidentiality and Privacy
Provide Information to the Client
Duties when Communications with a client
Duties when representing compensation method
Duties when recommending, engaging, & working w/ add’ l
persons
Duties when selecting, using, and recommending technology
Refrain from borrowing or lending money and commingling
financial assets
Define Integrity ?
Integrity
A CFP® professional must perform Professional Services with integrity. Integrity demands honesty and candor, which may not be subordinated to personal gain or advantage.
May not, directly or indirectly, in the conduct of Professional Services:
- Employ any device, scheme, or artifice to defraud;
- Make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not mis-leading
- Engage in any act, practice, or course of business which operates or would operate as a fraud
Define Competence
Competence
-Which means with relevant knowledge and skill to apply that knowledge.
-When the not sufficiently competent in a particular area to provide the Professional Services required under the Engagement,
- CFP® professional must gain competence,
- Obtain the assistance of a competent professional
- Limit or terminate the Engagement, - and/or refer the Client to a competent professional.
Define Diligence
Diligence
-CFP® professional must provide Professional Services, including responding to reasonable Client inquiries, in a
timely and thorough manner.
What does it mean to Disclose and manage conflicts of interest ?
Disclose Conflicts and manage conflicts of interest :
When providing Financial Advice, a CFP® must make full disclosure of all Material Conflicts of Interest with the Client that could affect the professional relationship.
- Full disclosure & obtain consent of the Client before providing any Financial Advice.
- Evaluate whether a reasonable Client receiving the disclosure would have understood the conflict & how it could affect the advice the Client will receive from the CFP®
- Oral disclosure of a conflict will be given such weight as CFP Board in its judgment deems appropriate. Written consent to a conflict is not required
Manage Conflicts.
-CFP® must ADOPT and FOLLOW BUSINESS PRACTICEs reasonably designed to PREVENT Material Conflicts of Interest from compromising the CFP® ability to act in the Client’s best interests
Define Sound and Objective Professional Judgement
Sound and Objective Professional Judgment
-CFP® must exercise professional judgment on behalf of the Client that is not subordinated to the interest of the CFP®
-may NOT solicit or accept any gift, gratuity, entertainment, non-cash compensation, or other consideration that reasonably could be expected to compromise the CFP® objectivity
Define Professionalism
CFP®
-must treat Clients, prospective Clients, fellow professionals, and others with dignity, courtesy, respect.
The Standards of Conduct consist of 6 parts ?
STANDARDS OF CONDUCT
Standards of Conduct consists of:
A. Duties owed to clients
B. Financial planning and application of the Practice Standards for the
financial planning process
C. Practice standards for the financial planning process
D. Duties owed to firms and subordinates
E. Duties owed to CFP board
F. Prohibition on circumvention
What is in the PREAMBLE of the Standards of Conduct ?
PREAMBLE
* Compliance with the Code and Standards is a requirement of CFP®
certification
* Violation may subject the CFP ® professional to discipline
What are the duties owed to clients ?
DUTIES OWED TO CLIENTS
1. Fiduciary Duty
2. Integrity
3. Competence
4. Diligence
5. Disclose and manage conflicts of interest
6. Sound and objective professional judgement
7. Professionalism
8. Comply with the LAW
9. Confidentiality and privacy
10. Provide Information to a client
11. Duties when communicating with a client
12. Duties when representing compensation method
13. Duties when recommending engaging, and working with add’l persons
14. Duties when selecting, using, and recommending technology
15. Refrain from borrowing or lending money and commingling financial assets
For duties owed to clients what is the fiduciary Duty ?
DUTIES OWED TO CLIENTS:
FIDUCIARY DUTY
* 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.
Following duties must be fulfilled:
- Duty of Loyalty
- Place client interest ahead of own
- Avoid, or disclose and manage, conflicts of interest
- Act in the best interest of the client
- Duty of Care
- Duty to Follow Client Instructions
Define Financial Advice
PROVIDING FINANCIAL ADVICE TO CLIENTS
- A person to whom the CFP® professional AGREES to provide professional services pursuant to an engagement.
Financial Advice - RECOMMENDATION that the Client take or refrain from taking a particular
course of action with respect to: - Development or implementation of a FINANCIAL PLAN,
- Investing in, BUYING , holding, gifting, or selling
Financial Assets, - Investment policies or strategies, portfolio composition, the
management of financial assets, or other financial matters, - Selection and retention of other persons to provide financial or
professional services to the client. - Exercise of discretionary authority over the financial assets of a client
What amount of CE is required for maintaining your CFP ?
30 hours of Ce , which includes 2 hours of Ethics
What are the Duties owed to clients to disclose and manage conflicts of interest ? ?
DUTIES OWED TO CLIENTS: DISCLOSE AND
MANAGE CONFLICTS OF INTEREST
- When an actual or potential conflict of interest arises, the CFP®
professional must:
1. Disclose the conflict,
2. Obtain the client’s informed consent, and
3. Manage the conflict in the client’s favor. - Disclosure may be made orally or in writing when providing Financial
Advice or Financial Planning.
* If made orally, the CFP® professional must document the fact that
the information was provided.
* CFP Board suggests, as a best practice, that CFP® professionals
provide the disclosure in writing