Lesson 1 - Fundamentals - Ethics, Law and Code of Ethics Flashcards

1
Q

What duties are owed to a client at ALL Times?

A
  • Diligence
  • Refrain from Borrowing, Lending, Comingling
  • Integrity
  • Professionalism
  • Sound and Objective Professional Judgement
  • Competence
  • Comply with the Law
  • Confidentiality & Privacy
  • Duties when Communicating with a Client
  • Duties when Representing Compensation
  • Duties when Selecting Technology

DRIPS - CCC - DDD

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2
Q

What Duties are owed when providing Financial ADVICE?

A
  • All duties owed at ALL times, PLUS
  • Duty as a Fiduciary - Fiduciary Duty
  • Disclose and Mange Conflicts of Interest
  • Duties when Recommending, Engaging and Working with Additional Persons
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3
Q

What Duties are owed when providing Financial PLANNING?

A
  • All duties with Financial Advice, PLUS
  • Practice and Standards for the Financial Planning Process
  • Information to a Client in Writing
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4
Q

What Duties are owed to Firms and Subordinates?

A
  • Comply - Comply with Lawful objectives of firm
  • Use - Use reasonable care when supervising
  • Provide - Provide notice of public discipline

C-U-P

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5
Q

What duties are owed to the CFP Board?

A
  • Compliance with CFP Trademark T&C
  • Cooperation
  • Refrain from adverse conduct
  • Reporting
  • Provide narrative statement

C-C-R-R-A-P

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6
Q

What are the components of the Fiduciary Duty?

A
  • Duty of Care
  • Duty of Loyalty
  • Duty to Follow Client Instructions

CLF

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7
Q

What are the components of “Duty of Loyalty”?

A
  • Client Interests are above all
  • Avoid Conflict of interest
  • Act without regard to CFP’s or Firm’s interest
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8
Q

Name the five Integration Factors that connote Financial Planning

A
  • Portion of Assets
  • Length of Time client’s circumstances effected
  • Effect on Risk if client implements
  • Number of Elements
  • how Tough would be to Modifying actions
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9
Q

What are the 7 Steps in the Practice Standard for the Financial Planning Process?

A
  1. Understanding the Client’s Circumstances
  2. Identifying & Selecting Goals
  3. Analyzing Client’s Current & Potential Actions
  4. Developing Recommendations
  5. Presenting Recommendations
  6. Implementing Recommendations
  7. Monitoring Progress & Updating

Uber Is A Drunk Person’s IMmediate MOtor veh

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10
Q

How should information be shared when providing Financial ADVICE?

A

When providing Financial Advice:
* Privacy Policy in Writing

All other information orally OR in writing:
* Conflicts of Interest
* Services & Products
* How Client pays
* How CFP and related parties are compensated
* Public Discipline & Bankruptcy
* Referral Compensation arrangements
* Other material information

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11
Q

How should information be provided when doing Financial PLANNING?

A

When providing Financial Planning:
* Privacy Policy in Writing
* Conflicts of Interest
* Services & Products
* How Client pays
* How CFP and related parties are compensated
* Public Discipline & Bankruptcy
* Referral Compensation arrangements
* Terms of Engagement
* Other material information

All other information orally OR in writing:
* Material Conflicts of Interest

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12
Q

What is a Felony?

A

Offense punishable by sentence of atleast $1,000 or 1 Year

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13
Q

What is a Relevant Misdemeanor?

A

Conduct involving Fraud; Theft; Misrepresentation; Violence; Second or more alcohol/drug offense

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14
Q

What is a Regulatory Investigation?

A

Investigation initiated by Federal, State, Local, or Foreign Agency, Self-regulatory, org or other regulatory authority.

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15
Q

What is a Regulatory Action?

A

Action initiated by Federal, State, Local, or Foreign Agency, Self-regulatory, org or other regulatory authority.

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16
Q

What is a Civil Action?

A

Lawsuit or Arbitration

17
Q

What is a Finding?

A

Adverse final action and a consent decree in which finding is neither admitted or denied.

18
Q

What is a Minor Rule Violation?

A

Violation of a self-regulatory org where fine is less than $2,500 and is uncontested.

19
Q

What forms can disciple by the CFB Board take?

A
  1. Private Censure - private letter
  2. Public Censure - publishable notice
  3. Suspension - 90days - 5 years
  4. Revocation - of CFP Marks
20
Q

What are the three categories of Candidate Fitness Standards of Conduct identified by the CFP Board?

A
  1. ALWAYS - Conduct that is always unacceptable
  2. PRESUMED - Conduct presumed unacceptable
  3. OTHER - Other adverse conduct
21
Q

What conduct is ALWAYS deemed Unacceptable?

A
  • Felony for: Theft; embezzlement, financial crimes
  • Felony for tax-related fraud/crimes
  • Revocation of a financial professional license
  • Felony conviction for any degree of murder/rape
  • Felony conviction for violent crime in last 5 years
22
Q

What conduct is PRESUMED Unacceptable?

A
  • 2 or more personal bankruptcies
  • Revocation of a NON-FINANCIAL license
  • Suspension of a financial professional license
  • Felony conviction for NON-violent crimes (5 years)
  • Felony conviction for violent crimes (5 plus years)
23
Q

What are OTHER Adverse conduct which concern the CFP Board?

A
  • Misdemeanor convictions
  • Arbitrations and other civil proceedings
  • Customer complaints
  • Employer investigations and terminations
  • Felony convictions for nonviolent crimes 5+
24
Q
A