CE Offering Presented by Brett R. Danko, CFP®, CRPC®
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Transcript of CE Offering Presented by Brett R. Danko, CFP®, CRPC®
CFP BOARD STANDARDS OF PROFESSIONAL CONDUCT ETHICS CE PRESENTATION
CE Offering Presented by
Brett R. Danko, CFP®, CRPC®
Today’s Schedule10:00 – 10:05 a.m. - Welcome/Overview10:05 – 10:10 a.m. – Review of Learning Objectives10:10 – 10:25 a.m. – Overview of Financial Planning (definition, material
elements and process, subject areas)10:25 – 10:30 a.m. - Review of Updated Fitness Standards for Candidates
and Registrants10:30 – 10:35 a.m. – Use of Marks / Terminology10:35 – 10:45 a.m. – Review of Code of Ethics and Professional
Responsibility/Rules of Conduct10:45 – 10:50 a.m. – Required Elements of a Written Agreement10:50 – 10:55 a.m. – Disclosure Requirements10:55 – 11:00 a.m. – Elements and Applications of the Fiduciary Standard11:00 – 11:10 a.m. – Break11:10 – 11:35 a.m. – Detailed Review of Financial Planning Process and
Related Practice Standards Including Detailed Focus on Standards 200-1 and 200-2
11:35 – 12:00 p.m. – Discussion of Anonymous Case Histories12:00 p.m. – Questions/Wrap -up
Overview
This 2 hour program satisfies CFP Board requirements for mandatory Ethics Continuing Education.
Following successful completion of the program, Brett Danko, LLC will report your course completion information to CFP Board.
Please be sure you sign in and sign out.
Please be sure all of your contact information, CFP Certificant number and Last 4 digits of your SSN are listed correctly on your participant form.
Please complete a course evaluation form before you leave today.
Overview Certified Financial Planner Board of Standards, Inc. (CFP Board) is a
regulatory organization founded in 1985 to benefit the public by establishing and enforcing education, examination experience and ethics requirements for CFP® certificants.^
CFP Board has exclusive authority to determine who may use the CFP® , CERTIFIED FINANCIAL PLANNERTM and certification marks (the CFP ® marks) in the United States.^
CFP Board conditions the permissions it grants individuals to use these marks on their agreement to abide by certain terms and conditions specified by CFP Board.^
Today’s seminar will provide an overview of the Standards of Professional Conduct including the Code of Ethics and Professional Responsibility, an in depth discussion of one of CFP Board’s practice standards and discussion of CFP Board-released Anonymous Case Histories.
^Source – CFP Board website
Learning Objectives
Upon completion of this program participants will be able to:
1. Demonstrate an understanding of, and be able to define financial planning, the financial planning process and financial planning subject areas.
2. Describe the material elements of financial planning.
3. Determine if a CFP® professional is providing financial planning or material elements of financial planning.
4. Demonstrate an understanding of the required elements of a written agreement when financial planning services are provided.
5. Articulate disclosure requirements and apply disclosure requirements to their practices.
6. Define and outline elements of the fiduciary standard and know when it applies.
7. Demonstrate an understanding of the Standards of Professional Conduct including the Code of Ethics and Professional Responsibility and Candidate Fitness Standards
Financial Planning
Also referred to as personal financial planning
The process of determining whether and how an individual can meet life goals through the proper management of financial resources
Financial planning is an integrated process focused on certain subject areas and material elementsCFP Board's Code of Ethics and Professional Responsibility, Rules of Conduct, Financial Planning Practice Standards, Fitness Standards for Candidates and Registrants
and Anonymous Case Histories are the property of CFP Board and may not be resold, republished or copied without the prior consent of CFP Board. Copyright© 2012 Certified Financial Planner Board of Standards, Inc. All rights reserved. Reproduced with permission.
How do we know when a certificant is providing the Material Elements of Financial Planning?
Factors to consider: What is the client’s understanding and intent
in engaging the certificant?
To what degree are multiple financial planning subject areas involved?
How comprehensive is the data gathering?
What is the breadth and depth of the recommendations?
CFP Board's Code of Ethics and Professional Responsibility, Rules of Conduct, Financial Planning Practice Standards, Fitness Standards for Candidates and Registrants and Anonymous Case Histories are the property of CFP Board and may not be resold, republished or copied without the prior consent of CFP Board. Copyright© 2012
Certified Financial Planner Board of Standards, Inc. All rights reserved. Reproduced with permission.
An Overview of the Financial Planning Process
This process typically includes, but is not limited to, some or all of the following six steps:
1. Establishing and defining the client-planner relationship.
2. Gathering client data including goals
3. Analyzing and evaluating the client’s current financial status
4. Developing and presenting recommendations and/or alternatives
5. Implementing the recommendations
6. Monitoring the recommendationsCFP Board's Code of Ethics and Professional Responsibility, Rules of Conduct, Financial Planning Practice Standards, Fitness Standards for Candidates and Registrants and Anonymous Case Histories are the property of CFP Board and may not be resold, republished or copied without the prior consent of CFP Board. Copyright© 2012 Certified
Financial Planner Board of Standards, Inc. All rights reserved. Reproduced with permission.
Financial Planning Subject Areas
The following basic subjects are typically included in the financialplanning process:
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 planningCFP Board's Code of Ethics and Professional Responsibility, Rules of Conduct, Financial Planning Practice Standards, Fitness Standards for Candidates and Registrants and Anonymous Case Histories are the property of CFP Board and may not be resold, republished or copied without the prior consent of CFP Board. Copyright© 2012
Certified Financial Planner Board of Standards, Inc. All rights reserved. Reproduced with permission.
Updated Fitness Standards for Candidates and Registrants
Established by CFP Board to ensure that a candidate’s prior conduct would not reflect poorly on the profession or the CFP® marks.
Additionally, serves as notice to individuals interested in pursuing CFP® certification that certain conduct may prevent them from attaining the certification or may require individual petition and review by the Disciplinary and Ethics Commission
CFP Board's Code of Ethics and Professional Responsibility, Rules of Conduct, Financial Planning Practice Standards, Fitness Standards for Candidates and Registrants and Anonymous Case Histories are the property of CFP Board and may not be resold, republished or copied without the prior consent of CFP Board. Copyright© 2012 Certified
Financial Planner Board of Standards, Inc. All rights reserved. Reproduced with permission.
Updated Fitness Standards for Candidates and Registrants
Conduct Deemed Unacceptable
Conduct Deemed a Presumptive Bar
Petitioning the Disciplinary and Ethics Commission. Results in one of the following outcomes: Grant Deny – but may re-apply Deny
CFP Board's Code of Ethics and Professional Responsibility, Rules of Conduct, Financial Planning Practice Standards, Fitness Standards for Candidates and Registrants and Anonymous Case Histories are the property of CFP Board and may not be resold, republished or copied without the prior consent of CFP Board. Copyright© 2012 Certified
Financial Planner Board of Standards, Inc. All rights reserved. Reproduced with permission.
Guide to Use of the CFP® Certification Marks
Please refer to the “Guide” in your handouts for a discussion of CFP Board’s guidelines
1. Rules for Proper Usage of the CFP® Mark2. Rules for Proper Usage of the CERTIFIED FINANCIAL
PLANNERTM Mark3. Rules for Proper Usage of the Mark4. Using CFP Board’s Tagline
When in doubt – check with CFP Board’s trademark department [email protected]
CFP Board's Code of Ethics and Professional Responsibility, Rules of Conduct, Financial Planning Practice Standards, Fitness Standards for Candidates and Registrants and Anonymous Case Histories are the property of CFP Board and may not be resold, republished or copied without the prior consent of CFP Board. Copyright© 2012 Certified
Financial Planner Board of Standards, Inc. All rights reserved. Reproduced with permission.
Terminology
CFP Board Candidate for CFP
Certification Certificant Certificant’s Employer Client Commission Compensation Conflict of interest Fee-Only Fiduciary
Financial planning engagement
Financial planning practitioner
Personal financial planning or financial planning
Personal financial planning process or financial planning process
Personal financial planning subject areas or financial planning subject areas
Registrant
CFP Board's Code of Ethics and Professional Responsibility, Rules of Conduct, Financial Planning Practice Standards, Fitness Standards for Candidates and Registrants and Anonymous Case Histories are the property of CFP Board and may not be resold, republished or copied without the prior consent of CFP Board. Copyright© 2012 Certified
Financial Planner Board of Standards, Inc. All rights reserved. Reproduced with permission.
Code of Ethics and Professional Responsibility
Purpose – to establish the highest principles and standards.
Expresses the ethical and professional ideals certificants and registrants are expected to display in their professional activities.
Seven Principles form the basis of the Rules of Conduct
CFP Board's Code of Ethics and Professional Responsibility, Rules of Conduct, Financial Planning Practice Standards, Fitness Standards for Candidates and Registrants and Anonymous Case Histories are the property of CFP Board and may not be resold, republished or copied without the prior consent of CFP Board. Copyright© 2012 Certified
Financial Planner Board of Standards, Inc. All rights reserved. Reproduced with permission.
Rules of Conduct
Binding on all certificants regardless of title, type of employment, position or method of compensation.
Govern all those who have the right to use the CFP® marks , whether or not the marks are actually used.
Due to the wide variety of services performed by certificants, some of the rules may not be applicable. It is incumbent upon the certificant to be knowledgeable about and adherent to the rules that apply to the services they provide.CFP Board's Code of Ethics and Professional Responsibility, Rules of Conduct, Financial Planning Practice Standards, Fitness Standards for Candidates and Registrants and
Anonymous Case Histories are the property of CFP Board and may not be resold, republished or copied without the prior consent of CFP Board. Copyright© 2012 Certified Financial Planner Board of Standards, Inc. All rights reserved. Reproduced with permission.
Rules of Conduct
1. Defining the Relationship with the Prospective Client or Client
2. Information Disclosed To Prospective Clients and Clients
3. Prospective Client and Client Information and Property
4. Obligations to Prospective Clients and Clients
5. Obligations to Employers
6. Obligations to CFP Board
CFP Board's Code of Ethics and Professional Responsibility, Rules of Conduct, Financial Planning Practice Standards, Fitness Standards for Candidates and Registrants and Anonymous Case Histories are the property of CFP Board and may not be resold, republished or copied without the prior consent of CFP Board. Copyright© 2012 Certified
Financial Planner Board of Standards, Inc. All rights reserved. Reproduced with permission.
Required Elements of a Written Agreement
The parties to the Agreement
The date of the Agreement and its duration
How and on what terms each party can terminate the Agreement
The services to be provided as part of the Agreement
CFP Board's Code of Ethics and Professional Responsibility, Rules of Conduct, Financial Planning Practice Standards, Fitness Standards for Candidates and Registrants and Anonymous Case Histories are the property of CFP Board and may not be resold, republished or copied without the prior consent of CFP Board. Copyright© 2012 Certified
Financial Planner Board of Standards, Inc. All rights reserved. Reproduced with permission.
Disclosure Requirements
What must be disclosed to clients?
An accurate and understandable description of the compensation arrangements offered.
A general summary of the likely conflicts of interest between the client and the certificant, the certificant’s employer and affiliates or third parties.
Any information about the certificant or the certificant’s employer that could reasonably be expected to materially affect the client’s decision to engage the certificant.
Contact information for the certifiant (and their employer, if applicable)
Disclosures must be in writing if financial planning services or material elements of financial planning are to be provided.
CFP Board's Code of Ethics and Professional Responsibility, Rules of Conduct, Financial Planning Practice Standards, Fitness Standards for Candidates and Registrants and Anonymous Case Histories are the property of CFP Board and may not be resold, republished or copied without the prior consent of CFP Board. Copyright© 2012 Certified
Financial Planner Board of Standards, Inc. All rights reserved. Reproduced with permission.
Elements and Applications of the Fiduciary Standard
Fiduciary – One who acts in utmost good faith, in a manner he or she reasonably believes to be in the best interest of the client
CFP Board's Code of Ethics and Professional Responsibility, Rules of Conduct, Financial Planning Practice Standards, Fitness Standards for Candidates and Registrants and Anonymous Case Histories are the property of CFP Board and may not be resold, republished or copied without the prior consent of CFP Board. Copyright© 2012 Certified
Financial Planner Board of Standards, Inc. All rights reserved. Reproduced with permission.
Principles
Principle 1 – Integrity Principle 2 – Objectivity Principle 3 – Competence Principle 4 – Fairness Principle 5 – Confidentiality Principle 6 – Professionalism Principle 7 - Diligence
CFP Board's Code of Ethics and Professional Responsibility, Rules of Conduct, Financial Planning Practice Standards, Fitness Standards for Candidates and Registrants and Anonymous Case Histories are the property of CFP Board and may not be resold, republished or copied without the prior consent of CFP Board. Copyright© 2012 Certified
Financial Planner Board of Standards, Inc. All rights reserved. Reproduced with permission.
Overview of Financial Planning Process and Related Practice Standards
Financial Planning Process Related Practice Standard1. Establishing and defining a relationship with the client
100-1 Defining the Scope of the Engagement
2. Gathering client data
200-1 Determining a Client’s Personal and Financial Goals, Needs and Priorities
200-2 Obtaining Quantitative Information and Documents
3. Analyzing and evaluating the client’s financial status
300-1 Analyzing and Evaluating the Client’s Information
4. Developing and presenting financial planning recommendations
400-1 Identifying and Evaluating Financial Planning Alternatives
400-2 Developing the Financial Planning Recommendations
400-3 Presenting the Financial Planning Recommendations
5. Implementing the financial planning recommendations
500-1 Agreeing on Implementation Responsibilities
500-2 Selecting Products
6. Monitoring 600-1 Defining Monitoring Responsibilities
CFP Board's Code of Ethics and Professional Responsibility, Rules of Conduct, Financial Planning Practice Standards, Fitness Standards for Candidates and Registrants and Anonymous Case Histories are the property of CFP Board and may not be resold, republished or copied without the prior consent of CFP Board. Copyright© 2012 Certified
Financial Planner Board of Standards, Inc. All rights reserved. Reproduced with permission.
Focus on Practice Standards
200 Series – Gathering Client Data
200-1 – Determining a Client’s Personal and Financial Goals, Needs and Priorities
200-2 Obtaining Quantitative Information and Documents
CFP Board's Code of Ethics and Professional Responsibility, Rules of Conduct, Financial Planning Practice Standards, Fitness Standards for Candidates and Registrants and Anonymous Case Histories are the property of CFP Board and may not be resold, republished or copied without the prior consent of CFP Board. Copyright© 2012 Certified
Financial Planner Board of Standards, Inc. All rights reserved. Reproduced with permission.
Anonymous Case Histories
Review of Select Case Histories (see Handout)
Questions / Wrap-up