Fundamentals & Insurance - Ethics, Law & Code of Ethics Flashcards
What is the CFP Code of Ethics?
What is Fiduciary Duty?
What are the Duties Owed to Clients?
What are the Duties Owed to Firms or Subordinates?
What are Duties Owed to the CFP Board?
What is a felony?
A felony offense, or for jurisdictions that do not differentiate between a felony and a misdemeanor, an offense punishable by a sentence of at least one-year imprisonment or a fine of at least $1,000.
What is a relevant misdemeanor?
A non-felony criminal offense for conduct involving fraud, theft, misrepresentation, other dishonest conduct, crimes of moral turpitude, violence, or a second (or more) alcohol and/or drug-related offense.
** Driving offenses, tickets and misdemeanors that do not involve alcohol or drugs ARE NOT considered relevant misdemeanors.
** 1st alcohol or drug misdemeanor is not relevant.
** Tax and financial misdemeanors are almost always relevant.
Minor Rule Violation
sanction imposed consists of a fine of $2,500 or less and if the sanctioned person does not contest the fine
What is Financial Advice?
What is Not Financial Advice?
7 Steps of the Financial Planning Process
Financial Advice vs. Financial Planning
CFP Board Reporting 1
30 days includes weekends and holidays
Exceptions: Arbitration compensation of $5,000 or less and violations settled for $15,000 or less
CFP Board Reporting 2
CFP market 6 approved nouns
professional, practitioner, mark, certificant, certification, or exam
CFP Board Reporting response times and consequences
Candidate Fitness Standards ALWAYS Deemed Unacceptable
- 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 (registered securities rep, B/D, insurance, accountant, investment advisor, financial planner) license, unless revocation is administrative in nature
- Felony conviction for any degree of murder or rape
- Felony conviction for any other violent crime within the last 5 years
Candidate Fitness Standards PRESUMED Unacceptable
- Two or more personal or business bankruptcies
- Revocation or suspension of a non financial professional (RE, attorney) 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 5 years
- Felony conviction for violent crimes other than murder or rape that occurred more than 5 years ago