Standards of Professional Conduct Flashcards
CFP Board
Certified Financial Planner Board of Standards, Inc.
Candidate for CFP Certification
Applicant to CFP Board to take CFP Certification Examination, but who has not yet met all of CFP Board’s certification requirements
Certificant
Denotes an individual who is currently certified by CFP Board
Certificant’s Employer
any person or entity that employs a certificant or PER to provide services to a third party on behalf of the employer, including certificants and PERs who are retained as independent contracts or agents
Client
Denotes a person, persons, entity who engages a certificant and for whom professional services are rendered. Where the services of the certificant are provided to an entity (corporation, trust, partnership, estate, etc.), the client is the entity acting through its legally authorized representative
Commission
Denotes the compensation generated from a transaction involving a product or service and received by an agent or broker, usually calculated as a percentage on the amount of his or her sales or purchase transactions. This includes:
- 12(b)(1) fees
- A 12b-1 fee is an annual marketing or distribution fee on a mutual fund. The 12b-1 fee is considered to be an operational expense and, as such, is included in a fund’s expense ratio. It is generally between 0.25% and 0.75% (the maximum allowed) of a fund’s net assets. The fee gets its name from a section of the Investment Company Act of 1940.
- trailing commissions
- Very simply, a trailing commission is money you pay an advisor each year that you own an investment. The purpose of the fee is to provide incentive for the advisor to review his clients’ holdings and to provide advice. But when it comes down to it, it is essentially a reward for keeping you loyal to a particular stock or fund.
- Incidentally, fees vary depending upon the investment. However, it is not uncommon for the costs to range between 0.25% to 0.50% of the total investment per annum. That is huge! And remember that as the asset grows in value over time, it means that the advisor that initially sold the investment to you is making even more and more money.
- Surrender Charges
- For annuities and life insurance, the surrender fee often starts at 10 percent if you cash in your investment in year one. It goes down to 1 percent if you cash it in during year nine and no surrender fees in year 10 or longer.
- The surrender charge is usually waived if the insured party informs the insurer in advance of the cancellation of their policy, and then continues to pay for a period of time before canceling the policy.
- Also, most investments that carry a surrender charge, such as B-share mutual funds, annuities, and whole life insurance, pay upfront commissions to the salespeople who sell them. The issuing company then recoups the commission through internal fees it charges in the investment. However, if an investment is sold before enough years pass, those internal fees will not be enough to cover the commission costs, which results in the issuing company losing money. Surrender charges protect against these types of losses.
- Contingent Deferred Sales Charges
- This fee is also known as a “back-end load” or “sales charge.” For mutual funds with share classes that determine when investors pay the fund’s load or sales charge, Class-B shares carry a contingent deferred sales charge during a five- to 10-year holding period calculated from the time of the initial investment.
- If a mutual fund investor were to buy and hold Class-B fund shares until the end of the specified hold period, they could avoid paying this type of fund’s sales charge, thereby enhancing their investment return. Unfortunately, fund research indicates that mutual fund investors are holding their funds, on average, for less than five years, which often triggers the application of a back-end sales charge in a Class-B share fund investment.
Compensation
any non-trivial economic benefit, whether monetary or non-monetary, that a certificant or related party receives or is entitled to receive for providing professional activities
Conflict of Interest
Certificant’s financial, business, property and/or personal interests, relationships or circumstances reasonable may impair his/her ability to offer objective advice, recommendations or services
Fee-Only
A certificant may describe his or her practice as “fee-only” if, and only if, all of the certificant’s compensation from all of his or her client work comes exclusively from the clients in the form of
- fixed,
- flat,
- hourly,
- percentage or
- performance-based fees.
Fiduciary
One who acts in the utmost good faith, in a manner he or she reasonably believes to be in the best interest of the client
Financial Planning Engagement
Exists when a certificant performs any type of mutually agreed-upon financial planning service for a client
Financial Planning Practioner
a person who provides financial planning services to clients
Personal Financial Planning or Financial Planning
Denotes the process of determining whether and how an individual can meet life goals through the proper management of financial resources.
Financial Planning integrates the financial planning process with the financial planning subject areas.
In determining whether the certificant is provided financial planning or material elements of financial planning, factors that may be considered include, but are NOT limited to:
- The client’s understanding and intent in engaging the certificant
- The degree to which multiple financial planning subject areas are involved
- The comprehensiveness of data gathering; and
- The breadth and depth of recommendations
Financial Planning may occur even if the material elements are not provided to a client simultaneously, are delivered over a period of time, or are delivered as a distinct subject area. It is not necessary to provide a written financial plan to engage in financial planning.
Personal Financial Planning Process or Financial Planning Process Denotes the process which typiclly includes, but is not limited to some or all of the six steps “EGADIM”
- Establish client-planner relationship
- Gathering Client Data including goals
- Analyzing and Evaluating the client’s financial status
- Developing and presenting recommendations and/or alternatives
- Implementing the recommendations; and
- Monitoring the recommendations
Personal Financial Planning Subject Areas denotes the basic subject fields covered in the financial planning process which typically include, but are not limited to:
- Financial Statement Preparation and Analysis, including cash flow analysis/planning and budgeting
- Insurance planning and risk management
- Employee benefits planning
- Investment planning
- Income tax planning
- Retirement planning
- Estate planning
1.
Professional Eligible for Reinstatement
Denotes an individual who is not currently certified but has been certified by CFP Board in the past and has an entitlement, direct or indirect, to use the CFP marks.
This includes individuals who have relinquished their certification and who are eligible for reinstatement without being required to pass the current CFP Certification Examination.
The Standards of Professional Conduct apply to PERs when the conduct at issue occurred at a time when the PER was certified; CFP Board has jurisdiction to investigate such conduct.
Integrity - Principle 1 of Code of Ethics and Professional Responsibility
- Honesty
- Candor
- must NOT be subordinated to personal gain and advantage
Allowed
- Innocent error and legitimate differences of opinion
Not Allowed
- Cannot coexist with deceit or subordination of one’s principles
Objectivity - Principle 2 of Code of Ethics and Professional Responsibility
- Intellectual honesty
- Impartiality
Regardless of the particular service rendered or the capacity in which a certificant functions, certificants should protect the integrity of their work, maintain objectivity and avoid subordination of their judgment
Competence - Principle 3 of Code of Ethics and Professional Responsibility
Attaining and Maintaining Adequate level of knowledge and skill. Make a continuing commitment to learning and professional improvement.
ALSO:
- wisdom to recognize the limitations of that knowledge and
- when consultation with other professionals is appropriate or referral to other professionals necessary
Fairness - Principle 4 of Code of Ethics and Professional Responsibility
Fairness requires:
- Impartiality
- Intellectual Honesty
- Disclosure of Material Conflicts of Interest
It involves a subordination of one’s own feelings, prejudices, and desires so as to achieve a proper balance of conflicting interests. Fairness is treating others in some fashion that you would want to be treated.
Confidentiality - Principle 5 of the Code of Ethics and Professional Responsibility
Confidentiality means ensuring that information is accessible only to those authorized to have access.
A relationship of trust and confidence with the client can only be built upon the understanding that the client’s information will remain confidential.
Professionalism - Principle 6 of the Code of Ethics and Professional Responsibility
Dignity and Courtesy
To who?
Clients, fellow professionals, and other business-related activities
Certificants cooperate with fellow certificants to enhance and maintain the profession’s public image and improve the quality of services.
Diligence - Principle 7 of Code of Ethics and Professional Responsibility
Diligence is the provision of services in a reasonably prompt and thorough manner, including the proper planning for, and supervision of, the rendering of professional services.
At All Times to Clients - Roadmap for Code and Standards
- Integrity - Principle 1
- Competence - Principle 3
- Diligence - Principle 7
- Sound and Objective Professional Judgment - Principle 2
- Professionalism - Principle 6
- Comply with the Law
- Confidentiality and Privacy - Principle 5
- Duties When Communicating with a Client
- Duties When Representing Compensation Method
- Duties When Selecting, Using, and Recommending Technology
- Refrain from Borrowing or Lending Money and Commingling Financial Assets
At All Times to Firms and Subordinates - Roadmap for Code and Standards
- Use Reasonable Care When Supervising
- Comply with Lawful Objectives of CFP® Professional’s Firm
- Provide Notice of Public Discipline
At All Times to CFP Board - Roadmap for Code and Standards
- Refrain from Adverse Conduct
- Reporting
- Provide Narrative Statement
- Cooperation
- Compliance with Terms and Conditions of Certification and Trademark License
Financial Advice to Clients - Roadmap for Code and Standards
The Duties That Apply At All Times To Clients (see prior card)
Fiduciary Duty
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Duty of Loyalty
- Place the interests of the Client above the interests of the CFP® professional and the CFP® Professional’s Firm;
- Avoid Conflicts of Interest, or fully disclose Material Conflicts of Interest to the Client, obtain the Client’s informed consent, and properly manage the conflict; and
- . Act without regard to the financial or other interests of the CFP® professional, the CFP® Professional’s Firm, or any individual or entity other than the Client, which means that a CFP® professional acting under a Conflict of Interest continues to have a duty to act in the best interests of the Client and place the Client’s interests above the CFP® professional’s.
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Duty of Care
- A CFP® professional must act with the care, skill, prudence, and diligence that a prudent professional would exercise in light of the Client’s goals, risk tolerance, objectives, and financial and personal circumstances.
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Duty to follow Client Instructions
- A CFP® professional must comply with the terms of the Client engagement and follow all directions of the Client that are reasonable and lawful
Disclose and Manage Conflicts of Interest
Provide Information to a Client
Duties When Recommending, Engaging, and Working with Additional Persons
Financial Planning to Clients - Roadmap for Code and Standards
- The Duties That Apply When Providing Financial Advice (see above)
- The Practice Standards for the Financial Planning Process
- Information to a Client in Writing