General Principles Flashcards
Financial advice: what to provide in writing
Privacy policy
Financial advice: what to provide orally or in writing
- Material conflicts of interest
- Services and products
- How the client pays
- How you are compensated
- Public discipline and bankruptcy
- Referral compensation arrangements
- Other material info
Financial planning: what to provide in writing
- Privacy policy
- Services and products
- How the client pays
- How you are compensated
- Public discipline and bankruptcy
- Referral compensation
- Terms of engagement
- Other material info
Financial planning: what to provide orally or in writing
Material conflicts of interest
Practice Standards for the Financial Planning Process
- Understanding the Client’s Personal and Financial Circumstances
- Identifying and Selecting Goals
- Analyze the client’s current course of action and potential alternatives
- Developing Financial Planning Recommendations
- Presenting the Financial Plan Recommendations
- Implementing Financial Plan Recommendations
- Monitoring the Plan
Always bar from CFP Certification
- Felony conviction of theft, embezzlement, tax fraud, or financial crimes
- Murder and rape
- Violent crime within the past five years
- Revocation of financial professional license
Presumed unacceptable for CFP Certification
- Two of more personal or business bankruptcies
- Felony conviction of violent crime other than murder or rape that occurred more than five years ago
- Nonviolent crimes, including perjury, within the past five years
- Revocation or suspension of non-financial professional license
What happens during a petition for consideration?
- Candidate submit written petition and agree to CFP Board’s jurisdiction
- Staff makes sure issue falls under “presumed unacceptable” list
- If “always bar,” there is no recourse
- If “presumed unacceptable,” the Disciplinary and Ethics Commission makes a decision
What happens during Disciplinary and Ethics Commission decision?
- If candidate is fit, they will get certification.
- If the DEC denies the petition, certification is barred.
- You can appeal DEC decision to Appeals Committee of the Board of Directors
- Decisions are final unless a felony conviction is overturned
How much AUM to register with the state?
Less than $100 million
How much AUM to register with SEC?
More than $110 million
Between $100 and $110 million, you can choose to register with state or SEC
Eligibility to file petition for fitness determination - reinstatement
- Suspension of more than one year
- Respondent must file written
petition for reinstatement
- Hearing panel and DEC review - Decisions are final unless felony conviction is overturned, at which time individual may submit a new petition
Bankruptcy rules for CFPs
1st:
- report to CFP Board within 30 calendar days
- report to client within 90 days
- choose public censure or hearing fee to follow adjudication
2nd:
- Same reporting rules
- Follows normal disciplinary procedure for adjudicating complaints
Suspension to use CFP marks vs. revocation
Suspension - 90 days or five years
Revocation - permanent
Brochure rule
Written disclosure for:
- Advisory services and fees
- Types of securities
- Education and business standards
- Participation / interest in securities transactions
- Conditions for managing accounts
Must be given to client at or before time of entering into contract
Provide client with ADV Part 2