Code of Ethics and Practice Standards Flashcards
(38 cards)
What are the six core principles of the CFP® Code of Ethics?
Honesty, integrity, competence, diligence, client’s best interests, confidentiality, and positive reflection on the profession.
What is a fiduciary duty?
Acting in the client’s best interests with loyalty, care, and by following client instructions.
What does the duty of loyalty require?
Place the client’s interests above your own or your firm’s and avoid conflicts of interest.
What is the duty of care?
Act with care, skill, prudence, and diligence at all times.
What is the duty to follow client instructions?
Comply with all client objectives, policies, restrictions, and lawful directions.
How is a “client” defined?
Any person, organization, or entity receiving professional services under an engagement.
What constitutes financial advice?
Any communication reasonably viewed as a recommendation to take or not take a financial action.
What is NOT financial advice?
General statements or definitions about financial products, without specific recommendations.
What are the 15 duties owed to the client?
Fiduciary, Integrity, Competence, Diligence, Disclose conflicts of interest, Sound and objective professional judgement, Professionalism, Comply with the Law, Confidentiality and Privacy, Provide Information to client, Clear Communication, Specific Representations, Due Diligence when recommending other professionals, Selecting appropriate technology, and refrain form borrowing or lending money and commingling assets.
What does integrity mean for a CFP® professional?
Acting honestly and with strong moral principles.
What does competence require?
Providing services with relevant knowledge and skill.
What is diligence?
Providing services in a timely and thorough manner.
When must conflicts of interest be disclosed?
When your interests or your firm’s interests are adverse to the client or between clients.
As soon as possible but not immediately
What is required for sound and objective professional judgment?
Avoid being influenced by conflicts, bias, or outside pressure.
What does professionalism require?
Treating clients and others with dignity and respect.
What is the duty to comply with the law?
Follow all applicable regulatory requirements. (SEC, FINRA, insurance, state, etc.)
What are the rules for confidentiality and privacy?
Protect client information, have a written privacy policy, and disclose only in specific circumstances (client consent, business necessity, legal requirements, audits, or to representatives).
What information must be provided to clients?
Required disclosures when giving financial advice or planning, and updates about material changes.
What are the requirements for client communications?
Ensure all communications are clear, accurate, and understandable.
What is the difference between fee-only and fee-based?
Fee-only: Only fees, no sales-related compensation. Fee-based: Fees plus sales-related compensation.
What is sales-related compensation?
Bonuses or compensation for product transactions (e.g., 12b-1 fees, referral fees), but not soft dollars.
Who is a related party?
Any person or entity whose receipt of sales-related compensation would benefit the CFP® professional or their firm, including family and controlled businesses.
Why does related party status matter?
If a related party receives sales-related compensation, you cannot claim “fee-only” status.
What is required when recommending or working with other professionals?
Exercise due diligence.