MODULE 3: PROFESSIONAL OBLIGATIONS & RESPONSIBILITIES Flashcards
CONFLICT OF INTEREST
Occurs when an individual has personal interests that may improperly influence their professional judgement. A planner may receive a direct or indirect benefit.
DIRECT BENEFIT
Planner receives the benefit personally.
INDIRECT BENEFIT
A family member, friend, or business associate of the planner benefits.
CONFLICT OF OBLIGATION
When an individual fails to meet the expected standard of professional conduct as it applies to the protection of first, second, and third party interests.
FIRST PARTY INTERESTS
Interests of the profession and professional colleagues.
SECOND PARTY INTERESTS
Interests of the client or employer.
THIRD PARTY INTERESTS
Interests of the public.
TYPES OF CONFLICTS OF INTEREST (ARMS + BUGS)
- Acceptance of Gifts
- Representing Both Parties
- Moon-lighting
- Self-Dealing
- By Matter of Record
- Use of Proprietary and Confidential Information
- Gaining Private Advantage From The Use of Your Employer’s Resources
- Selling Influence
CONFLICTS OF OBLIGATION (PROFESSIONAL TO COLLEAGUES)
HFLC
- Honesty
- Fairness
- Loyalty
- Competence
CONFLICTS OF OBLIGATION (PROFESSIONAL TO CLIENT OR EMPLOYER)
FOLD + CDHC
- Fairness
- Obedience
- Loyalty
- Diligence
- Candor
- Discretion
- Honesty
- Competence
CONFLICTS OF OBLIGATION (PROFESSIONAL TO THIRD PARTIES)
HFN
- Honesty
- Fairness
- Non-Malfeasance
THREE WAYS TO DEAL WITH CONFLICT OF INTEREST
- Avoidance
- Disclosure
- Post-Disclosure