Fundamentals Flashcards
What are the code of Ethics?
1)Honesty,integrity,competence 2)Client’s best interest 3)exercise due care 4)Avoid/disclose conflicts of interest 5)Maintain confidentiality and protect privacy of client info 6)act in manner that is positive for CFP
What is correct way to use CFP Marks?
1)Cole Taylor, CFP 2)CERTIFIED FINANCIAL PLANNER 3)Followed by 6 nouns 4)Cant use in email or website
What duties equal up to Fiduciary duty?
Duty of: Loyalty, Care, Follow Client Instructions
Disclosing Conflicts (Compensation)
What the sources are and how it is calculated
Disclosing Conflicts (Limited product set)
You only have 1 type of product that you can sell but it might not be the best one for client
Disclosing Conflicts (Proprietary Funds)
You can only sell “fidelity” funds
Disclosing Conflicts (Referrals)
Disclose any referrals and the benefits that you get out of them
Finacial Advice (What to provide to client written/orally)
1)Written - Privacy policy 2) Orally or writing - Everything else
Finacial Planning (What to provide to client written/orally)
1)Written - Everything 2)Orally or wirting - material conflicts of interest
Delivery similarities between Financial advice and Financial planning?
1) Privacy document in writing 2)Conflicts of interest can be oral or in writing
When do charges and fee descriptions be provided to client?
Provided prior to or at the time of engagement
How soon should you let clients and CFP board about material changes? Reporting
CFP Board - 30 days // Clients - 90 days (webpages)
When is the terms and engagement given to client?
Provided prior to or at the time of engagement
What is the terms and engagement?
First - you should gather data before you give this to client. Outlines 1)scope of engagement 2)Periods the services will be provided 3)Clients responsibilities
Fee Only Compensation
Advisor and firm cannot charge firm or have the ability to get sales related compensation
Fee Based Compensation
Fee and Commission can be collected
Sales related compensation Examples
12b-1 Fees, transaction fees, revenue sharing, referral fees (NOT SOFT DOLLARS)
Financial planning definition
Financial planning is collaborative process that helps maxmize a client’s potential for meeting life goals through Financial Advice that integrates relevant elements of the Client’s personal and financial circumstances
Examples of relevant examples of clients and personal/financial circumstances
Manage cashflow, identify and manage risk, educational needs, financial security, tax considerations, retirement, philanthropic, estate
Integration factors - what to take in account of
1) Changes in one thing might affect other things (they do not happen in a silo) 2)portion and amount of the assets going toward something 3)length and time the clients financial situation might be affected 4)Risks that clients get exposed to if they take on this task 5)Barriers of taking on this task (Some things have surrender charges)
Financial planning process (In Order)
Uber Is A Drunk Person’s Immediate Motor vehicle
What steps is the finacial planning responsible for?
All unless some steps (Usually 6 or 7) are specifically exluded from the scope of the engagement (this should be documented ie. Emails, handwritten notes)
FFP1: Understanding the Client’s personal and Financial Circumstances
Obtaining qualative and quantitative information, anazlyzing that information and seeing what is missing (this is done through interviews, questionaires)
FFP2: Identifying and selecting goals
Identify and prioritize goals - Be honest if any goals are unrealistic // Develop reasonable assumptions and estimates (Inflation, tax rates, investment returns)
FFP3: Analyzing the client’s current course of action and potential alternative course(s) of action
Current course pros and cons along with alternative courses of action
FFP4: Developing the Financial Planning Recommendations
Selecting 1 or more recommendations that will help client achive goals. CFP should consider 1) Assumptions and estimates 2)basis for making recommendations 3)timing and priority recommendations 4) whether the recommendation is independent or dependent
FFP5: Presenting the financial planning recommendations
Present recommendations and describe the advantages and disadvantages current alternative plans - recommendations may be over orally, in writing, in person, over the phone
FFP6: Implementing the financial planning recommendations
Must be completed unless specifically excluded - Establish the responsibilities of the client, CFP and third parties (CPA, attorney). Set timeline and priority.
FFP7: Monitoring progress and updating
Must be completed unless specifically excluded - Establish monitoring by understanding how and when. Client should give material info to planner when it occurs - Planner should update goals and recommendations
Examples of qualitative and quantitative information
Qual - health, life expectancy, values, goals, expectations // Quant - Age, dependents, income, savings, taxes, cash flow
After recommendations have been presented to client - the client can ____.
Accept or reject it. Once accepted - planner can move on
What are “regulars reviews” Monitoring
reviews occur at predetermined intervals
What are “Episodic reviews” Monitoring
reviews occur after major and life changing events
How often should 1)investments results 2)performance benchmarks should be reviews
1) at least quarterly 2) at least annually
If you get public discipline by CFP board, what should you do?
Provide notice to CFP’s firm
Definition of Felony
Offence of at least one-year imprisonment or a fine of at least $1,000
Definition of Relevant Misdemeanor
A criminal offense that is not a felony that involves fraud, theft, misrepresentation, violence or a second (or more) and/or drug-related offence
How do driving offenses, tickets that do not involve alcohol and drugs are classified?
Not relevant misdemeanors // first alcohol and drug misdemeanor is not reletvant
Are tax/financial misdemeanors are relevant misdemeanors?
Yes
Communication (Pacing)
Matching the speed of listening
Communication (Rephrasing)
Restating or repeating back what the client has said
Communication (Reflecting)
Paraphrasing technique (saying it in the planners words)
Open or Closed questions
Open - Lengthy response // Closed - One word
ALWAYS BAR from being certified
1) Felony conviction: Theft, embezzlement, tax fraud, murder/rape, violent crime in past 5 years 2) revocation of financial professional license
PRESUMED BAR from being certified
1) two of more personal or business bankruptcies 2) Felony conviction of: Violent crimes OTHER than murder or rape that are MORE than 5 years ago, Nonviolent crimes within last 5 years 3) revocation or suspension of non financial license (Real estate), Suspension or financial professional license
How long are bankruptcies going to be established on CFP board’s website?
10 years (if it is unfortunate event ie. Son has cancer - good chance it wont be published)
ADVERSE CONDUCT being certified
Customer complaints, arbitrations, misdemeanor convictions, employer terminations/investigations, Felony nonviolent more than 5 years
If PRESUMED BAR, you can petition for fitness determination BY
Respondent must prove by evidence and DEC can grant or deny the person
Refrain from borrowing or lending money and comingling assets
You cant do either: However you can borrow or lend money with a member of the CFP’s family or if the lender is a business organization or legal business of lending money. You CANT EVER commingle assets
What need should be the biggest?
Always place the need with the biggest financial risk first
Who is responsible for RMD’s, 401k rollover check is on time?
CFP Professional
What the CFP not responsible for?
Selling real estate, estate docs, Completing tax return
How long does CFP have to alert CFP board when CFP does adverse action?
30 days
AUM register with the state vs registering with the SEC
Under $100M - State // Over $110M - SEC // Between $100M and $110M - You get to choose
Do you need client consent if you assigning advisory contracts to someone else?
Yes
What form do you need to register with the SEC?
ADV
What form do you need to withdrawal register with the SEC?
ADV-W
How often do you need to file the ADV Part 1 and Schedule 1?
Annually
Form ADV Part 1A and B(Description)
Firm name, background
Form ADV Part 2A and B(Description)
Firm and advisor information, compensation and fees, education, investment objectives & Strategies, conflicts of interest
Form ADV Part 3(Description)
CRS or Relationship summary
EXCEPTIONS to registration by Advisors Act
The PUBLISHER (Forbes, WSJ) was BROKE (Broker Dealer) because LATE (Lawyer, accountant, teacher) to US (US Securities) BANK (Bank and bank holding)
EXCEMPTIONS to registration by Advisors Act
1) Clients resides in state of business of advisor who do not advise on national securities, Advisors who only have clients of INSURANCE, VENTURE, PRIVATE FUNDS and foreign advisors with no place of business in the US
EXCEPTIONS vs EXEMPTIONS
Exceptions - don’t have to register ever // Excemptions - don’t have to register right now
Broshure Rule
Disclose to every client: Fees, education, types of securities (Must be give to client at or before entering contract)