Fundamentals Flashcards
The 3 Types of Duties owed by a CFP
1) Duties Owed to Clients (15)
2) Duties Owed to Firms & Subordinates (3)
3) Duties Owed to CFP Board (5)
Duties Owed to Clients (15)
- Fiduciary
- Integrity
- Competence
- Diligence
- Disclose and Manage Conflicts of Interest
- Sound and Objective Professional Judgement
- Professionalism
- Comply with the Law
- Confidentiality and Privacy
- Provide Information to Client
- Duties when Communicating with a Client
- Duties when Representing Compensation Method
- Duties when Recommending, Engaging, and Working with Additional Persons
- Duties when Selecting, Using, and Recommending Technology
- Refrain from Borrowing or Lending Money and Commingling Financial Assets
Duties Owed to Firms & Subordinates (3)
- Reasonable care when supervising
- Comply with Lawful Objectives
- Provide Notice of Public Discipline
Duties Owed to CFP Board
- Felony: at least 1yr prison or $1,000 fine
- Study Tip: Driving offenses, tickets, and misdemeanors not involving alcohol or drugs are not considered relevant misdemeanors. Even 1st time drug/alcohol misdemeanors are not relevant. Tax and financial are almost ALWAYS relevant.
- Report within 30 Calendar days (includes weekends and holidays) after CFP is named, charged, convicted, settled, adversely mentioned in an action, arbitration, or civil event. Must include narrative statement of material facts, outcome, & status.
Financial Advice vs Financial Planning
Financial Advice:
1) Description
2) Pay (how client will)
3) Compensation (how advisor will be)
4) Bankruptcy/Public discipline
5) Conflicts of interest
6) Benefits from Referrals
7) Other material matters
—————————————————
+ Financial Planning:
8) Scope of Engagement
9) Limitations
10) Responsibilities
Sales-Related Compensation
Any economic benefit more than a de minis amount.
- Includes: any bonuses or portions of compensations resulting from a client purchasing/selling/holding financial assets or any referrals.
- NOT include: Soft dollars
Fee-Only vs Fee-Based
Fee-Only: receive no Sales-Related Compensation
Fee-Based: “fee and commision”
Financial Planning
Maximize the client’s potential for meeting life goals
Financial Planning Process (7 Steps)
Acronym: UIADPIM - Uber Is A Drunk Persons Immediate Motor Vehicle
1) Understand circumstances
2) Identify goals
3) Analyze courses of action
4) Develop recommendations
5) Present
6) Implement
7) Monitor & update
Minor Rule Violation
Fine is $2,500 or less
Relevant Misdemeanors
Tax & financial misdemeanors are almost always relevant.
- Not Relevant: driving offenses, tickets, and other misdemeanors not involving alcohol/drugs
Reporting to CFP Board
- Must report within 30 calendar days after CFP is charged, named, convicted, settled, or adversely mentioned in an action, arbitration, or civil event
- Report both initial charge & outcome
Felony
An offense punishable by one year or more in jail or over $1000
4 E’s to become CFP
education, exam, experience & ethics
Proper use of CFP Mark - 6 Nouns
Professional, practitioner, mark, certificate, certification, or exam
Conflict of Interest
- Written consent not required
(unlike with privacy notices & the Brochure Rule that are every 12months)
Candidate Fitness Standards
1) ALWAYS Unacceptable Conduct:
a. Felony for murder or rape
b. Any other violent crime within 5yrs
c. Felony for theft, embezzlement, tax fraud, & other financial crimes
d. Revocation of a financial license, unless revocation is administrative (ex. choosing not to renew by not paying fee required)
2) PRESUMED Unacceptable Conduct:
a. Felony for nonviolent crimes (including perjury) within 5yrs
b. Felony for violent crimes (other than murder & rape) that occurred more than 5yrs ago
c. Revocation or Suspension of a nonfinancial professional license, unless revocation is administrative
d. Two or more bankruptcies
Exceptions To vs Exemptions From Registration with SEC
Exceptions To: need not register
- TABLEs are incidental:
Teachers, Accountants, Brokers, Lawyers, & Engineers whose advisory services are solely incidental
Exemptions From: need not register but meet the definition of “investment advisor”
- VIP’s are SaFE from exemptions
Venture capital, Insurance companies, Private funds < $150M, home State*, Foreign advisors, & securities not on a national Exchange
*advisors whose clients reside in their state of business and who do not provide services to nationally listed securities
*Both Exempt & Exception parties are subject to Anti-Fraud Provisions of the Uniform Securities Act of 1956
The Brochure Rule
Requires annual written disclosure to every client of:
- services provided
- types of investment securities
- interest in securities transactions
- education/background of advisor
*in plain English, summary of ADV Part 2A & 2B
Forms of Discipline
- Suspension: 90 days to 5yrs. CFP remains subject to terms of CFP mark but is not permitted to use mark.
- Revocation: removal of CFP’s right to use marks
Catch-All
- ## Written consent not required for Conflicts of Interest
RIA Registration
<$100M = state
>$110M = SEC
between = choose
SEC vs FINRA
- SEC: government org. designed to protect integrity of stock market. It oversees FINRA. Form ADV.
- FINRA: Separate entity (not part of government) that handles licensing and regulation of broker dealers. Form U-4. (Series 6/7 to sell securities)
Investment Advisor knows his ABC’s!
Advice, Business, Compensation
Form ADV
(generally what each form is concerned with)
- Form ADV, Part 1: investment business
- Form ADV, Part 2: advisor
- Form ADV, Part 3: Form CRS - Customer Relationship Summary
Exceptions to SEC Registration
- Not need to register. Not regulated.
TABLEs: Teachers, Accountants, Brokers, Lawyers, & Engineers
Exemptions from SEC Registration
- Meet definition of investment advisor but not required to register. Subject to regulation.
“VIPs are SaFE from exemptions”
Venture capital, Insurance companies, Private funds under $150M, home State, Foreign advisors, & securities not on a national Exchange
Exceptions to VS Exemptions from SEC Registration
An exception or exemption does not exempt anyone from anti-fraud provisions of Uniform Securities Act of 1956
Brochure Rule
Require written disclosures of:
- conflicts of interest
- advisor education
- advisor investment philosophy
- fees, compensation, and commissions
- material changes provided annually
FINRA
Financial Industry Regulatory Authority
- Requires passing an exam to sell securities. (Ex. Series 6 or 7).
Series 6
License to sell Mutual Funds, UIT’s, variable life insurance, and variable annuities.
- To sell variable life/annuities, must have state insurance
Series 7
License to sell everything except commodities & futures
Accredited Investor must meet 1, or 2, 3 test!
$1M or $200,000 of income if single, or $300,000 of joint income
Opportunity Cost
Highest valued alternative not chosen
3-Panel Approach