Fundamentals & Insurance Flashcards
Standards of Conduct
E. Duties Owed to CFP Board
What are “relevant” misdemeanors?
Tax and financial misdemeanors are almost always relevant.
A first alcohol or drug misdemeanor is not relevant.
Driving offenses, tickets, and misdemeanors that DO NOT involve alcohol or drugs are NOT considered relevant.
Standards of Conduct
E. Duties owed to CFP Board
Reporting: How many days to report?
Exceptions: What are the exceptions to reporting?
Reporting must take place 30 days (including weekends/holidays) after a CFP professional is named, charged, convicted, settled, adversely mentioned in an action, arbitration or civil event.
EXCEPTIONS:
- Claims of arbitration compensation for $5k or less.
- Violations settled for $15k or less.
- FINRA investigations and outcomes other than an uncontested minor rule violation under $2,500.
CFP Board Disciplinary Rules & Procedures
Timeline to respond and consequences
CFP Board Candidate Fitness Standards
ALWAYS Bar List
FELONY CONVICTION
- Theft, embezzlement, financial based
- Tax fraud or tax-related
- Any degree murder or rape
- Violent crime within 5 years
OR
REVOCATION OF A FINANCIAL PROFESSIONAL LICENSE
*Unless administrative in nature
CFP Board Candidate Fitness Standards
PRESUMED Bar List
FELONY CONVICTION
- Violent crimes (*not murder/rape) OVER 5 YEARS AGO
- *-**Non-violent crimes and perjury WITHIN 5 YEARS
OR
REVOCATION/SUSPENSION
-Non-financial professional (real-estate/attorney)
*Unless administrative in nature
OR
SUSPENSION
-Financial Professional
*Unless administrative in nature
OR
BANKTRUPTCY
-TWO or more personal and/or business
Registered Investment Advisor
Definition
TIP: “ABC”
Advice, business, compensation
Investment Advisors Act of 1940: Someone who is in the business of providing advice about securities for compensation.
EXCEPTIONS to Registration with the SEC
TIP: “TABLES” are incidental
Do not need to register and are not regulated by the Advisors Act. They are NOT bound by the anti-fraud provisions.
Teachers, Accountants, Brokers, Lawyers, Engineers - Must be solely incidental to the conduct of business (broker/dealers) or to their profession (lawyers, accountants, teachers and engineers).
AND
- Broker/Dealers whose services are solely incidental
- Banks/holding companies that are not investments companies
- Advisors whose services are STRICTLY RELATED TO SECURITES OF THE US.
- Publisher of newspaper
EXEMPTIONS to Registration with the SEC
TIP: “VIPs are SaFE and Exempt”
These advisors meet the definition of an Investment Advisor but do not need to register. They are SUBJECT TO ANTI-FRAUD PROVISIONS.
- Venture capital (advisors who only advise venture capital funds)
- *-I**nsurance companies (advisors who only advise insurance companies)
- Private funds w/LESS than $150M
- home State (advisors with clients that only reside in their state of business)
- Foreign advisors (who do not have a place of business in the US)
- national Exchange (advisors NOT providing advice about securities traded on a national exchange).
Accredited Investor Test
TIP: To be an accredited investor, you must meet the “1, 2, 3 test”
- $1M in assets (exclusive of residence)
OR
- Minimum of $200,000 in income (single)
- Minimum of $300,000 in income (joint)
Practice Standards for the Financial Planning Process
TIP: “Uber Is A Drunk Persons Immediate Motor vehicle”
- Understanding circumstances
- Identifying Goals
- Analyzing information
- Developing plan
- Presenting plan
- Implementing plan
- Monitoring plan
*Analyzing can also happen in the understanding circumstances section–analyzing documents collected from the client, etc.
Life Insurance Typical Benchmark
10 to 16x gross income (if the client has a life insurance need)
Health Insurance Benchmark
$1M lifetime cap (pre ACA). The ACA eliminated per illness and lifetime caps.
Disability Insurance Benchmark
60-70% of gross income (if a client is paying premiums w/after-tax dollars)
Property (Home & Auto) Benchmark
Fair-market value of home/auto
Long Term Care Benchmark
Inflation protection should be 36-60 months
A policy should provide a daily benefit for nursing home, home health care or help with ADL’s.
PLUP Benchmark
$1-3M in protection
Consumer Debt Benchmark
Should NOT exceed 20% of NET income
Emergency Fund Benchmark
3-6 Months of non-discretionary expenses
Housing Ratio Benchmark
28% or less of gross income
Housing Ratio Plus All Other Debt Benchmark
Should NOT exceed 36% of gross income
(primary mortgage plus all other recurring debt payments)