Fundamentals Lesson 1 Flashcards
The Code of Ethics is or is not specifically defined?
The Code of Ethics is NOT specifically defined, remains aspirational and leads to more detailed rules and obligations through the planning process.
Duties Owed to Clients
- Fiduciary Duty
- Integrity
- Competence
- Diligence
- Disclose & Manage Conflicts of Interest
- Sound & Objective Professional Judgment
- Professionalism
- Comply with the Law
- Confidentiality & Privacy
- Provide Information to a Client
- Communicating with a Client
- Duties when Representing Compensation
- Recommending, Engaging, or Working with Additional Persons
- Selecting & Using Technology
- Refrain from Borrowing or Lending Money & Comingling
Elements of Financial Advice
- Description
- Pay
- Compensation
- Bankruptcies/Regulatory Events
- Conflicts of Interest
- Economic Benefit of Referrals
- Other Material Information
Elements of Financial Planning
All 7 in Financial Advice AND:
- Scope of Engagement
- Limitations & Responsibilities
* Monitoring is assumed unless excluded
Example Exam Question:
Karen, a CFP professional, is disappointed about the disclosure requirements of the CFP Board Code of Ethics. Karen voices her opinion by publishing a negative article about the CFP certification on an industry website. Has Karen possibly violated the CFP Board Code of Conduct?
A. Yes, violates duty of loyalty owed to CFP Board.
B. Yes, acted in matter that does not reflect positively on CFP certification.
C. No, action is outside the financial planning process.
D. No, only public media outlets are reviewed by CFP Board.
B
3 Duties of Fiduciary Duty to Clients
- Duty of Loyalty
- Duty of Care
- Duty to Follow Client Instructions
How many hours of CE/how often?
Amount for Ethics?
30 hours every 2 years.
2/30 hours must be Ethics.
Example Exam Question:
CM appoints licensed agents to sell proprietary auto & homeowners policies. CM requires agent exclusivity, pays agents commissions for selling their products, and top agents are paid additional bonus compensation & invited for an all expense paid Hawaiian vacation. Which best describes CFP Professionals ability to engage CM?
A. As a fiduciary CFP prohibited from selling proprietary products.
B. CFP must provide holistic financial planning advice & is unable to work exclusively with a property/casualty insurance company.
C. With appropriate disclosure & mitigating conflicts of interest, CFP can be appointed as an agent of CM but cannot participate in insurance-based reward trips.
D. With appropriate disclosure & mitigating conflicts of interest, CFP can be appointed as an agent & participate in insurance-based reward trips.
D
Example Exam Question:
Stan mistyped client information into financial planning software; error resulted in overestimating client’s insurance need. Once discovered, Stan contacted client, informed them of the error, and adjusted his recommendation. Has Sam violated CFP Board Standards of Conduct?
A. Yes, violated obligation of integrity to client.
B. Yes, violated obligation of competence to client.
C. Yes, violated obligation of diligence to client.
D. No, allowance made for innocent error.
D
Example Exam Question:
Yu Yan is CFP & state registered investment advisor. Plans annual luxury cruise for top clients. While on cruise, Yu will host investment & retirement planning workshops. If more than 10 clients commit & pay for cruise, Yu relieves complementary suite. If fewer than 10, Yu will pay for her room. Which best describes Yu’s obligation to her clients disclosing her arrangement with the cruise line?
A. Conflict of interest is not material & does not need to be disclosed.
B. Yu should disclose the conflict prior to client’s booking their cruise.
C. Yu is prohibited from accepting suite from cruise line.
D. Conflict should be mitigated & Yu should consider alternative venues.
B
Example Exam Question:
CFP refers clients to local accountant with reputation of aggressively lowering client federal income tax obligations. Accountant has clients sign a no disclosure agreement preventing CFP from understanding techniques, credits, & deductions taken. Which best describes a potential violation of the CFP Board Standards of Conduct?
A. Standard of Complying with the Law
B. Standard of Professionalism
C. Standard of Competence
D. Not violating any standards
A
Practice Standards for Financial
Planning Process
- Understanding client’s personal & financial circumstances
- Identifying & selecting goals
- Analyzing client’s current course of action & potential alternative courses of action
- Developing financial planning recommendations
- Presenting financial planning recommendations
- Implementing financial planning recommendations
- Monitoring progress & updating
Example Exam Question:
Luke is CFP & real estate agent. Ben & Maria meet with Luke to talk downsizing and their desire to funnel more toward retirement instead of a mortgage. Luke uses financial calculator to briefly analyze cash flow & establish their debt service & liquify rations. After the meeting Luke sets a 2nd appointment to look at 5 houses. What best describes Luke’s relationship to Financial Planning Practice Standard outlined in the CFP Board Code of Ethics & Standards of Conduct?
A. Luke is representing as a realtor & not required to follow financial planning practice standards even if he charges a fee for initial meeting.
B. Ben & Maria responsible for determining if engagement falls within scope of financial planning.
C. Luke is subject to practice standards because he is providing integrative financial advice.
D. Luke is subject to practice standards only if he receives commission from representing Ben & Maria in real estate transaction.
C
What business or compensation model does CFP prefer?
CFP Board & CFP exam does not prefer one business or compensation model over another but instead requires professionals to act according to the Code of Ethics & Professional Standards.
Example Exam Question:
Mary currently saving $550 bi-weekly through employer’s retirement plan. Employer matches 100% of her contribution & Mary is vested. Invested 70/30. Mary engages Stephanie (CFP) to review her retirement journey. Stephanie performs calculation on financial calculator & determines Mary should increase contribution to $600 every paycheck & invest in less aggressive mutual fund. Is Stephanie possibly in violation of CFP Board Practice Standards?
A. No, Stephanie gathered information & goals before performing an analysis.
B. No, Stephanie considered qualitative & quantitative data in her analysis.
C. Yes, Stephanie did not consider advantages/disadvantages of current retirement plan.
D. Yes, Stephanie used financial calculator rather than software tool.
C
Example Exam Question:
When is a CFP who is also licensed insurance agent required to review calculations used to determine death benefit amount with their client?
A. When gathering qualitative & quantitative information.
B. When analyzing life insurance coverage.
C. Before developing a life insurance recommendation.
D. Before implementing a life insurance recommendation.
D
Example Exam Question:
Amar, agent of regional broker-dealer has been suspended by CFP Board for 6 months. Suspension is result of repeatedly incorrectly identifying himself as fee-only financial planner. Which best describes Amar’s obligation to employer relating to this suspension?
A. Must report suspension, cause & investigation paperwork to employer within 30 days.
B. Can report suspension to employer by calling his compliance hotline.
C. Must repost suspension promptly in writing to employer.
D. Not required to report suspension to employer as long as he’s not paid a regular salary
C
Relevant vs. Not Relevant Duties to CFP Board
Relevant: Tax & Financial Misdemeanors
Not Relevant: Driving Offenses, Tickets, Misdemeanors that don’t involve alcohol/drugs. (1st alcohol or drug misdemeanor is also not relevant)
Provide notice to CFP Board within ? days for reporting initial charge/investigation/outcome?
30
Example Exam Question:
Which of the following is considered a felony by CFP Board?
A. Class D driving reckless driving citation resulting in a fine of $5000.
B. Driving under influence citation resulting in 1 month in jail.
C. Federal income tax lien of $100000.
D. Charge of perjury during federal trial resulting in week of detention & $500 fine.
A
Example Exam Question:
Scott is CFP & CPA. He was listed by name in federal income tax investigation for fraud. Which best describes Scott’s obligation to CFP Board?
A. If investigation is result of accounting practice, does not need to disclose investigation to CFP Board.
B. Does not need to disclose investigation but will need to disclose result in writing within 30 days.
C. Needs to disclose investigation within 30 days. Also disclose any eventual plea deal, conviction, or civil outcome to CFP Board.
D. Needs to disclose investigation within 30 days, but by doing so eliminates any requirement to disclose an outcome.
C
Prohibition on Circumvention
CFP may not do indirectly or through another person or entity any act of thing that Code & Standards prohibit CFP from doing directly.
Example Exam Question:
Which of the following is the proper use of CFP marks?
A. Mark is a CFP(R).
B. Our firm has 10 CFPs on staff.
C. Sam Jacobs, CFP(R) works at our firm.
D. Cory is a certified financial planner.
C