LESSON 1 Flashcards
- Which of the following is not an element of the CFP Board Code of Ethics?
a) Exercise due care.
b) Manage conflicts of interest.
c) Maintain confidentiality.
d) Act with knowledge and skill.
- Answer:
D CFP® professional’s Duties Owed to Clients states to make recommendations with skill and care. This is not an element of the Code of Ethics.
- Which of the following is not an element of the CFP Board Code of Ethics?
a) Act with honesty.
b) Act with integrity.
c) Act with accuracy.
d) Act with competence.
- Answer:
C Accuracy is not an element of the CFP Board Code of Ethics.
- When is a CFP® professional held to the CFP Board Code of Ethics?
I. When recommending Financial Assets
II. When practicing Financial Planning
a) I Only
b) II Only
c) I and II
d) Neither I nor II
- Answer:
C A CFP® professional is held to the Code of Ethics when providing professional services. These include both recommending financial assets and practicing financial planning.
- When is a CFP® Professional required to act as a fiduciary with their clients?
a) At all times when providing financial advice
b) When recommending financial products
c) When providing financial planning
d) When charging clients hourly, subscription or asset management fees
- Answer:
A When providing financial advice, A CFP® Professional is required to act as a fiduciary with their clients at all times. The advice may take the form of selling financial assets or financial planning.
- Which of the following is not an element of the CFP Board requirement of Fiduciary Duty?
a) Duty of Diligence
b) Duty of Loyalty
c) Duty of Care
d) Duty to Follow Client Instructions
- Answer:
A The duty of Diligence requires a CFP® professional to provide services to their clients in a timely and thorough manner. Diligence is not a required element of Fiduciary Duty.
- Which best describes the Duty of Integrity a CFP® professional owes their clients?
a) A CFP® Professional must strive to be honest and upstanding.
b) A CFP® Professional must act with skill and care, avoiding quantitative mistakes.
c) A CFP® Professional cannot make any untrue statement or engage in fraud, but may omit non-material facts.
d) Integrity applies only to individual or household clients, this duty does not extend to clients who are corporations or trusts.
- Answer:
A Integrity requires a CFP® professional to be honest and outstanding in their professional obligations. A CFP® professional is allowed innocent, unintentional, mistakes. They must disclose facts to the client, and a client can be defined as a non-person entity.
- The Duty requiring a CFP® professional to reasonably investigate financial products recommended to clients is?
a) Maintain financial planning expertise.
b) Act in the client’s best interests.
c) Maintain confidentiality.
d) Act in a manner that reflects positively on the profession.
- Answer:
B Acting in the client’s best interest requires a CFP® professional to act objectively when reviewing products and making a recommendation. A CFP® professional is not required to be an expert in all areas of financial planning, but to know their limits and when to bring in an expert. Confidentiality and professionalism are elements of the CFP Board code of ethics, but are not relevant to reviewing products.
- A CFP® Professional may share client and account details in the course of ordinary business with which of the following except:
a) Any affiliated or partner firms owned by the CFP® professional’s employer
b) Any persons or businesses the client has provided oral or written consent
c) As necessary to provide information between attorney’s accountants and auditors
d) To a person acting as a representative capacity to the client such as a power of attorney
- Answer:
A A Client must provide consent before their information can be shared with affiliated firms. Consent may be written or oral.
- Amber applied for CFP® certification and was denied. Her prior conduct falls under the “presumed list” and she wants to appeal. Which of the following is true regarding the review process?
a) She must call the Professional Review staff within 15 days and tell them that she plans to submit to the review process.
b) A fee will be charged.
c) A final decision whether to deny or grant the petition will be made within 120 days of application.
d) The Disciplinary and Ethics Commission’s decision regarding a petition for consideration is final and may never be appealed.
- Answer:
B There is no requirement to call, nor is there any set day in which a decision must be made, a written petition for reconsideration must be submitted. A decision may be appealed if relevant professional revocation or suspension is vacated or the relevant felony conviction is overturned.
- Jim has done many “bad” things over the span of his life; however, several years ago he decided to become an upstanding citizen. He is now concerned that his prior bad acts will prevent him from becoming a CFP® certificant. Which of the following is “presumed” to bar him from certification?
a) A personal bankruptcy 10 years ago.
b) Suspension of a law license for failing to pay the required fees.
c) Suspension of a securities license.
d) Felony conviction for perjury seven years ago.
- Answer:
C A suspension of a law license for administrative reasons and a single bankruptcy are not on the presumed list. A felony conviction of a non-violent crime is only on the presumed list if it occurred within the last 5 years.
- Which of the following is true regarding the candidate fitness standards?
a) A felony conviction for theft, embezzlement or other financially-based crimes 8 years ago will “presumably” bar a person from certification.
b) They only identify issues that will bar a person from certification.
c) A felony conviction of 2nd degree murder will always bar a person from being certified.
d) A significant number of employment terminations will “presumably” bar a person from certification.
- Answer:
C A felony conviction of any degree for murder or rape, will always bar certification. A financial crime will Always bar certification, regardless of the time elapsed. The Standards identify issues that will bar or delay a person from being certified. A significant number of employment terminations will very rarely bar a person from certification.
- Which of the following may rarely result in the delay or denial of certification?
I. Customer complaints
II. Misdemeanor convictions
III. Employer reviews and terminations
a) I only
b) II only
c) I and III
d) I, II, and III
- Answer:
D All of the these may rarely result in the delay or denial of certification.
- Which body of CFP Board is responsible for reviewing and making final decisions regarding a petition for reconsideration under the Candidate Fitness Standards?
a) Board of Governors
b) Disciplinary and Ethics Commission
c) Board of Professional Review
d) Candidate Fitness Commission
- Answer:
B The Disciplinary and Ethics Commission has been tasked with reviewing petitions for reconsideration. Note: Board of Professional Review is responsible for interpreting and applying the Code of Ethics.
- Tricia, a new client for Stephan, a CFP® professional, has asked for Stephan’s help with her financial planning. Specifically, she desires a comprehensive retirement plan and review of her investments. What disclosures must Stephen provide Tricia at the onset of their engagement?
a) Terms of their engagement including the scope of the engagement with any limitations
b) A written description of all material conflicts of interest
c) An oral description of specific compensation models
d) Stephan is not required to provide any disclosures to Tricia as he is not performing financial planning
- Answer:
A Tricia requires a comprehensive retirement plan which will meet the CFP Board definition of financial planning (a collaborative process that helps maximize a client’s potential for meeting life goals through Financial Advice that integrates relevant elements of the client’s personal and financial circumstances). Financial planning requires the planner disclose terms of engagement including the scope of engagement with any limitations. While compensation, confidentiality and privacy disclosures must be in writing, other disclosures are not required to be in writing.
- Ralph, a CFP® professional, was the financial advisor for Sue and her husband Bob, who had recently passed away. Bob’s assets included an IRA with Sue as the named beneficiary. Ralph advised Sue that she could disclaim her interest as beneficiary of the IRA, which would allow its value to pass to her two children. However, Ralph did not notify the custodian issuer of the IRA that Sue had disclaimed her interest in the IRA. Ralph acknowledged during his hearing with the Disciplinary and Ethics Commission that he could have annuitized the existing annuity in the IRA, which would have been less costly for Sue than purchasing a new annuity for each of her children. The Commission determined that annuitizing the existing annuity would have avoided early withdrawal penalties and the effects on taxable income on Sue’s children, and issued a Public Letter of Admonition to Ralph. The Commission ordered Ralph to complete, in addition to the 30 hours of continuing education for renewal, 12 hours of continuing education, including four hours each in estate planning, investments and estate distributions. Ralph violated all of the following provisions of the Code of Ethics EXCEPT?
a) Failed to exercise reasonable and prudent professional judgment in providing professional services
b) Failed to act in the best interest of the Client
c) Failed to modify the scope of the agreement and to bring in an estate planning attorney
d) Failed to make and/or implement only recommendations that were suitable for the Client
- Answer:
C Ralph failed to apply knowledge and skill in Bob’s passing. Ralph did not act as a fiduciary nor recommend options to maximize the potential of meeting client goals. The fact pattern does not indicate Ralph failed to identify and select goals.