CFP Board Code and Standards Side by Side Comparison
CFP Board Code and Standards Side by Side Comparison
CFP Board Code and Standards Side by Side Comparison
COMPARISON
OF CODE OF ETHICS AND STANDARDS OF
CONDUCT TO CURRENT STANDARDS
OF PROFESSIONAL CONDUCT
MARCH 2018, AS REVISED IN NOVEMBER 2018
SIDE-BY-SIDE COMPARISON
OF CODE OF ETHICS AND STANDARDS OF CONDUCT
TO CURRENT STANDARDS OF PROFESSIONAL CONDUCT
CODE AND STANDARDS UPDATED NOVEMBER 2018 CURRENT STANDARDS OF PROFESSIONAL CONDUCT
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STANDARDS OF CONDUCT
A. Duties Owed to Clients Rule 1.4 A certificant shall at all times place the
interest of the client ahead of his or her own. When
1. Fiduciary Duty
the certificant provides financial planning or material
At all times when providing Financial Advice to a elements of financial planning, the certificant owes to
Client, a CFP® professional must act as a fiduciary, the client the duty of care of a fiduciary as defined by
and therefore, act in the best interests of the Client. CFP Board.
The following duties must be fulfilled:
Terminology: “Fiduciary.” One who acts in utmost
a. Duty of Loyalty. A CFP® professional must: good faith, in a manner he or she reasonably believes
to be in the best interest of the client.
i. Place the interests of the Client above
the interests of the CFP® professional Rule 4.5 In addition to the requirements of Rule
and the CFP® Professional’s Firm; 1.4, a certificant shall make and/or implement only
recommendations that are suitable for the client.
ii. 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
iii. 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.
b. 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.
c. Duty to Follow Client Instructions. A
CFP® professional must comply with
all objectives, policies, restrictions, and
other terms of the Engagement and all
reasonable and lawful directions of the
Client.
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8. COMPLY WITH THE LAW Rule 4.3 A certificant shall be in compliance with
applicable regulatory requirements governing
a. A CFP® professional must comply with
professional services provided to the client.
the laws, rules, and regulations governing
Professional Services.
b. A CFP® professional may not intentionally
or recklessly participate or assist in another
person’s violation of these Standards or
the laws, rules, or regulations governing
Professional Services.
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10. PROVIDE INFORMATION TO A CLIENT Rule 1.1 The certificant and the prospective client or
client shall mutually agree upon the services to be
a. When Providing Financial Advice.
provided by the certificant.
When providing or agreeing to provide
Financial Advice that does not require Rule 1.2 If the certificant’s services include financial
Financial Planning in accordance with the planning or material elements of financial planning,
Practice Standards, a CFP® professional prior to entering into an agreement, the certificant
must provide the following information shall provide written information or discuss with the
to the Client, prior to or at the time of prospective client or client the following:
the Engagement, and document that the
a. The obligations and responsibilities of each
information has been provided to the Client:
party under the agreement with respect to:
i. A description of the services and
1. Defining goals, needs and objectives,
products to be provided;
2. Gathering and providing appropriate
ii. How the Client pays for the products
data,
and services, and a description of
the additional types of costs that the 3. Examining the result of the current
Client may incur, including product course of action without changes,
management fees, surrender charges,
4. The formulation of any recommended
and sales loads;
actions,
iii. How the CFP® professional, the CFP®
5. Implementation responsibilities, and
Professional’s Firm, and any Related
Party are compensated for providing the 6. Monitoring responsibilities.
products and services;
b. Compensation that any party to the
iv. The existence of any public discipline agreement or any legal affiliate to a party to
or bankruptcy, and the location(s), if the agreement will or could receive under
any, of the webpages of all relevant the terms of the agreement; and factors or
public websites of any governmental terms that determine costs, how decisions
authority, self-regulatory organization, benefit the certificant and the relative
or professional organization that sets benefit to the certificant.
forth the CFP® professional’s public
disciplinary history or any personal c. Terms under which the agreement permits
bankruptcy or business bankruptcy the certificant to offer proprietary products.
where the CFP® professional was a d. Terms under which the certificant will
Control Person; use other entities to meet any of the
v. The information required under Section agreement’s obligations.
A.5.a. (Conflict of Interest Disclosure);
Rule 1.3 If the services include financial planning or
vi. The information required under Section material elements of financial planning, the certificant
A.9.d. (Written Notice Regarding Non- or the certificant’s employer shall enter into a written
Public Personal Information); agreement governing the financial planning services
(“Agreement”). The Agreement shall specify:
vii. The information required under Section
A.13.a.ii. (Disclosure of Economic a. The parties to the Agreement,
Benefit for Referral or Engagement of
b. The date of the Agreement and its duration,
Additional Persons); and
c. How and on what terms each party can
viii. Any other information about the CFP®
terminate the Agreement, and
professional or the CFP® Professional’s
Firm that is Material to a Client’s d. The services to be provided as part of the
decision to engage or continue to Agreement.
engage the CFP® professional or the
CFP® Professional’s Firm.
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b. When Providing Financial Planning. When The Agreement may consist of multiple written
providing or required to provide Financial documents. Written documentation that includes
Planning in accordance with the Practice the items above and is used by a certificant or
Standards, a CFP® professional must provide certificant’s employer in compliance with state
the following information to the Client, prior or federal law, or the rules or regulations of any
to or at the time of the Engagement, in one applicable self-regulatory organization, such as the
or more written documents: Securities and Exchange Commission’s Form ADV
or other disclosure documents, shall satisfy the
i. The information required to be provided
requirements of this Rule.
in Section A.10.a.i.-iv. and vi -viii.; and
ii. The terms of the Engagement Rule 2.2 A certificant shall disclose to a prospective
between the Client and the CFP® client or client the following information:
professional or the CFP® Professional’s a. An accurate and understandable
Firm, including the Scope of description of the compensation
Engagement and any limitations, the arrangements being offered. This
period(s) during which the services description must include:
will be provided, and the Client’s
responsibilities. A CFP® professional • Information related to costs and
is responsible for implementing, compensation to the certificant and/or
monitoring, and updating the Financial the certificant’s employer, and
Planning recommendation(s) unless • Terms under which the certificant and/
specifically excluded from the Scope of or the certificant’s employer may receive
Engagement. any other sources of compensation, and
c. Updating Information. A CFP® professional if so, what the sources of these payments
has an ongoing obligation to provide are and on what they are based.
to the Client any information that is b. A general summary of likely conflicts
a Material change or update to the of interest between the client and the
information required to be provided to the certificant, the certificant’s employer or any
Client. Material changes and updates to affiliates or third parties, including, but not
public disciplinary history or bankruptcy limited to, information about any familial,
information must be disclosed to the contractual or agency relationship of the
Client within ninety days, together with the certificant or the certificant’s employer
location(s) of the relevant webpages. that has a potential to materially affect the
relationship.
c. 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 that the
client might reasonably want to know in
establishing the scope and nature of the
relationship, including but not limited to
information about the certificant’s areas of
expertise.
d. Contact information for the certificant and,
if applicable, the certificant’s employer.
e. If the services include financial planning
or material elements of financial planning,
these disclosures must be in writing. The
written disclosures may consist of multiple
written documents. Written disclosures
used by a certificant or certificant’s
employer that includes the items listed
above, and are used in compliance
with state or federal laws, or the rules
or requirements of any applicable self-
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11. DUTIES WHEN COMMUNICATING WITH A CLIENT Rule 2.1 A certificant shall not communicate, directly
A CFP® professional must provide a Client with or indirectly, to clients or prospective clients any
accurate information, in accordance with the false or misleading information directly or indirectly
Engagement, and in response to reasonable Client related to the certificant’s professional qualifications
requests, in a manner and format that a Client or services. A certificant shall not mislead any parties
reasonably may be expected to understand. about the potential benefits of the certificant’s
service. A certificant shall not fail to disclose or
otherwise omit facts where that disclosure is
necessary to avoid misleading clients.
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Assets for purposes other than receiving Terminology: “Commission” denotes the
Financial Advice, or from the referral of a compensation generated from a transaction
Client to any person or entity other than involving a product or service and received by an
the CFP® Professional’s Firm. Sales-Related agent or broker, usually calculated as a percentage
Compensation includes, for example, on the amount of his or her sales or purchase
commissions, trailing commissions, 12b-1 transactions. This includes 12(b)1 fees, trailing
fees, spreads, transaction fees, revenue commissions, surrender charges and contingent
sharing, referral or solicitor fees, or similar deferred sales charges.
consideration. Sales-Related Compensation
Terminology: “Compensation” is any non-trivial
does not include:
economic benefit, whether monetary or non-
i. Soft dollars (any research or other monetary, that a certificant or related party receives
benefits received in connection with or is entitled to receive for providing professional
Client brokerage that qualifies for the activities.
“safe harbor” of Section 28(e) of the
Securities Exchange Act of 1934);
ii. Reasonable and customary fees for
custodial or similar administrative
services if the fee or amount of the fee is
not determined based on the amount or
value of Client transactions;
iii. Non-monetary benefits provided by
another service provider, including
a custodian, that benefit the CFP®
professional’s Clients by improving
the CFP® professional’s delivery of
Professional Services, and that are not
determined based on the amount or
value of Client transactions;
iv. Reasonable and customary fees for
Professional Services, other than for
solicitations and referrals, the CFP®
professional or CFP® Professional’s Firm
provides to a Client that are collected
and distributed by another service
provider, including under a Turnkey
Asset Management Platform; or
v. A fee the Related Party solicitor receives
for soliciting clients for the CFP®
professional or the CFP® Professional’s
Firm.
c. Related Party. A person or business entity
(including a trust) whose receipt of Sales-
Related Compensation a reasonable CFP®
professional would view as directly or
indirectly benefiting the CFP® professional
or the CFP® Professional’s Firm, including,
for example, as a result of the CFP®
professional’s ownership stake in the
business entity. There is a rebuttable
presumption that a Related Party includes:
i. Family Members. A member of the CFP®
professional’s Family and any business
entity that the Family or members of the
Family Control; and
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15. REFRAIN FROM BORROWING OR LENDING Rule 3.8 A certificant shall not commingle a client’s
MONEY AND COMMINGLING FINANCIAL ASSETS property with the property of the certificant or
the certificant’s employer, unless the commingling
a. A CFP® professional may not, directly or
is permitted by law or is explicitly authorized and
indirectly, borrow money from or lend
defined in a written agreement between the parties.
money to a Client unless:
Rule 3.9 A certificant shall not commingle a client’s
i. The Client is a member of the CFP®
property with other clients’ property unless the
professional’s Family; or
commingling is permitted by law or the certificant
ii. The lender is a business organization or has both explicit written authorization to do so from
legal entity in the business of lending each client involved and sufficient record-keeping to
money. track each client’s assets accurately.
b. A CFP® professional may not commingle a
Client’s Financial Assets with the Financial
Assets of the CFP® professional or the CFP®
Professional’s Firm.
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2. Examples of Relevant Elements of the Client’s Terminology: “Personal financial planning subject
Personal and Financial Circumstances. Relevant areas” or “financial planning subject areas” denotes
elements of personal and financial circumstances the basic subject fields covered in the financial
vary from Client to Client, and may include the planning process which typically include, but are not
Client’s need for or desire to: develop goals, man- limited to:
age assets and liabilities, manage cash flow, iden-
• Financial statement preparation and analysis
tify and manage risks, identify and manage the
(including cash flow analysis/planning and
financial effect of health considerations, provide
budgeting)
for educational needs, achieve financial security,
preserve or increase wealth, identify tax consider- • Insurance planning and risk management
ations, prepare for retirement, pursue philanthropic
• Employee benefits planning
interests, and address estate and legacy matters.
• Investment planning
• Income tax planning
• Retirement planning
• Estate planning
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4. Integration Factors. Among the factors that CFP Terminology: “Personal financial planning” or
Board will weigh in determining whether a CFP® “financial planning” ...In determining whether the
professional has agreed to provide or provided certificant is providing financial planning or material
Financial Advice that Requires Financial Planning elements of financial planning, factors that may be
are: considered include, but are not limited to:
a. The number of relevant elements of • The client’s understanding and intent in
the Client’s personal and financial engaging the certificant.
circumstances that the Financial Advice • The degree to which multiple financial planning
may affect; subject areas are involved.
b. The portion and amount of the Client’s • The comprehensiveness of data gathering.
Financial Assets that the Financial Advice
may affect; • The breadth and depth of recommendations.
c. The length of time the Client’s personal and [Portion of the definition removed and referenced
financial circumstances may be affected by above]
the Financial Advice;
d. The effect on the Client’s overall exposure
to risk if the Client implements the Financial
Advice; and
e. The barriers to modifying the actions taken
to implement the Financial Advice.
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3. Analyzing the Client’s Current Course of Action Analyzing and Evaluating the Client’s Financial
and Potential Alternative Course(s) of Action Status Practice Standard 300-1: Analyzing
and Evaluating the Client’s Information
a. Analyzing Current Course of Action. A
CFP® professional must analyze the Client’s A financial planning practitioner shall analyze the
current course of action, including the information to gain an understanding of the client’s
material advantages and disadvantages of financial situation and then evaluate to what extent
the current course and whether the current the client’s goals, needs and priorities can be met by
course maximizes the potential for meeting the client’s resources and current course of action.
the Client’s goals. Explanation of this Practice Standard
b. Analyzing Potential Alternative Courses Prior to making recommendations to a client, it is
of Action. Where appropriate, a CFP® necessary for the financial planning practitioner to
professional must consider and analyze one assess the client’s financial situation and to determine
or more potential alternative courses of the likelihood of reaching the stated objectives by
action, including their material advantages continuing present activities.
and disadvantages of each alternative,
whether each alternative helps maximize The practitioner will utilize client-specified, mutually
the potential for meeting the Client’s goals, agreed upon, and/or other reasonable assumptions.
and how each alternative integrates the Both personal and economic assumptions must
relevant elements of the Client’s personal be considered in this step of the process. These
and financial circumstances. assumptions may include, but are not limited to, the
following:
• Personal assumptions, such as: retirement
age(s), life expectancy(ies), income needs, risk
factors, time horizon and special needs; and
• Economic assumptions, such as: inflation rates,
tax rates and investment returns.
Analysis and evaluation are critical to the financial
planning process. These activities form the
foundation for determining strengths and weaknesses
of the client’s financial situation and current course
of action. These activities may also identify other
issues that should be addressed. As a result, it may be
appropriate to amend the scope of the engagement
and/or to obtain additional information.
Practice Standard 400-1: Identifying and Evaluating
Financial Planning Alternative(s)
The financial planning practitioner shall consider
sufficient and relevant alternatives to the client’s
current course of action in an effort to reasonably
meet the client’s goals, needs and priorities.
Explanation of this Practice Standard
After analyzing the client’s current situation
(Practice Standard 300-1) and prior to developing
and presenting the recommendation(s) (Practice
Standards 400-2 and 400-3) the financial planning
practitioner shall identify alternative actions. The
practitioner shall evaluate the effectiveness of such
actions in reasonably meeting the client’s goals,
needs and priorities.
This evaluation may involve, but is not limited to,
considering multiple assumptions, conducting
research or consulting with other professionals. This
process may result in a single alternative, multiple
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2. Refrain from Adverse Conduct. A CFP® profes- Rule 6.5 A certificant shall not engage in conduct
sional may not engage in conduct that reflects which reflects adversely on his or her integrity or
adversely on his or her integrity or fitness as a fitness as a certificant, upon the CFP® marks, or upon
CFP® professional, upon the CFP® marks, or upon the profession.
the profession. Such conduct includes, but is not
limited to, conduct that results in:
a. A Felony or Relevant Misdemeanor
conviction, or admission into a program
that defers or withholds the entry of a
judgment of conviction for a Felony or
Relevant Misdemeanor;
b. A Finding in a Regulatory Action or a Civil
Action that the CFP® professional engaged
in fraud, theft, misrepresentation, or other
dishonest conduct;
c. A personal bankruptcy or business
bankruptcy filing or adjudication where the
CFP® professional was a Control Person of
the business, unless the CFP® professional
can rebut the presumption that the
bankruptcy demonstrates an inability to
manage responsibly the CFP® professional’s
or the business’s financial affairs;
d. A federal tax lien on property owned by
the CFP® professional, unless the CFP®
professional can rebut the presumption
that the federal tax lien demonstrates an
inability to manage responsibly the CFP®
professional’s financial affairs; or
e. A non-federal tax lien, judgment lien, or
civil judgment that has not been satisfied
within a reasonable amount of time
unless the CFP® professional can rebut
the presumption that the non-federal
tax lien, judgment lien, or civil judgment
demonstrates an inability to manage
responsibly the CFP® professional’s financial
affairs.
3. Reporting. A CFP® professional must provide writ- Rule 6.4 A certificant shall notify CFP Board
ten notice to CFP Board within 30 calendar days in writing of any conviction of a crime, except
after the CFP® professional, or an entity over which misdemeanor traffic offenses or traffic ordinance
the CFP® professional was a Control Person, has: violations unless such offense involves the use of
alcohol or drugs, or of any professional suspension
a. Been charged with, convicted of, or
or bar within ten (10) calendar days after the date
admitted into a program that defers
on which the certificant is notified of the conviction,
or withholds the entry of a judgment
suspension or bar.
or conviction for, a Felony or Relevant
Misdemeanor;
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5. Cooperation. A CFP® professional may not make Rule 6.1 A certificant shall abide by the terms of
false or misleading representations to CFP Board all agreements with CFP Board, including, but
or obstruct CFP Board in the performance of its not limited to, using the CFP® marks properly and
duties. A CFP® professional must satisfy the co- cooperating fully with CFP Board’s trademark and
operation requirements set forth in CFP Board’s professional review operations and requirements.
Procedural Rules, including by cooperating fully
with CFP Board’s requests, investigations, disci-
plinary proceedings, and disciplinary decisions.
6. Compliance with Terms and Conditions of
Certification and License. A CFP® professional
must comply with the Terms and Conditions of
Certification and License.
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Client: Any person, including a natural person, Terminology: “Client” denotes a person, persons,
business organization, or legal entity, to whom the or entity who engages a certificant and for whom
CFP® professional provides or agrees to provide professional services are rendered. Where the
Professional Services pursuant to an Engagement. 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
Conflict of Interest: (a) When a CFP® professional’s Terminology: A “conflict of interest” exists when
interests (including the interests of the CFP® a certificant’s financial, business, property and/or
Professional’s Firm) are adverse to the CFP® personal interests, relationships or circumstances
professional’s duties to a Client, or (b) When a CFP® reasonably may impair his/her ability to offer
professional has duties to one Client that are adverse objective advice, recommendations or services.
to another Client.
Control: The power, directly or indirectly, to direct the No equivalent in Current Standards.
management or policies of the entity at the relevant
time, through ownership, by contract, or otherwise.
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Financial Planning: A collaborative process that helps Terminology: “Personal financial planning” or
maximize a Client’s potential for meeting life goals “financial planning” denotes the process of
through Financial Advice that integrates relevant determining whether and how an individual can
elements of the Client’s personal and financial meet life goals through the proper management of
circumstances. financial resources. Financial planning integrates the
financial planning process with the financial planning
subject areas.
In determining whether the certificant is providing
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.
• 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
distinct subject areas. It is not necessary to provide a
written financial plan to engage in financial planning.
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No equivalent in Proposed Code and Standards. Terminology: “CFP Board” denotes Certified
Financial Planner Board of Standards, Inc.
Terminology: “Candidate for CFP® certification”
denotes a person who has applied to CFP Board to
take the CFP® Certification Examination, but who
has not yet met all of CFP Board’s certification
requirements.
Terminology: “Certificant” denotes individuals who
are currently certified by CFP Board.
Terminology: A “financial planning practitioner” is a
person who provides financial planning services to
clients.
Terminology: “Professional Eligible for
Reinstatement” (PER) 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.
Rule 3.4 A certificant shall clearly identify the
assets, if any, over which the certificant will take
custody, exercise investment discretion, or exercise
supervision.
Rule 3.5 A certificant shall identify and keep
complete records of all funds or other property of
a client in the custody, or under the discretionary
authority, of the certificant.
Rule 3.10 A certificant shall return a client’s property
to the client upon request as soon as practicable
or consistent with a time frame specified in an
agreement with the client.
Rule 6.3 A certificant shall notify CFP Board of
changes to contact information, including, but not
limited to, e-mail address, telephone number(s) and
physical address, within forty five (45) days.
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2018 Certified Financial Planner Board of Standards, Inc. All rights reserved.