CFP Board Adopts Revised Procedural Rules

Posted on May 23rd, 2023 at 1:12 PM
CFP Board Adopts Revised Procedural Rules

From the desk of Jim Eccleston at Eccleston Law 

The Certified Financial Planner Board (CFP Board) recently announced the adoption of the revised Procedural Rules. These rules, which will come into effect on September 1, 2023, aim to establish fair and credible processes for investigating misconduct and enforcing the CFP Board's Code of Ethics and Standards of Conduct.

The revised Procedural Rules introduce several changes. One notable change is the transfer of certain administrative functions from the Enforcement Department to the Adjudication Department. Additionally, the role of the Disciplinary and Ethics Commission (DEC) Counsel will be expanded to improve the efficiency of the adjudication process further.

Another significant (and unusual) modification is the elimination of settlement counteroffers. This change suggests that the CFP Board intends to adopt a more rigid stance on settlements and may prioritize a consistent approach to enforcing the Code and Standards.

The revised Procedural Rules will enable pre-investigation outreach. This provision allows the CFP Board to contact parties involved in an alleged misconduct case before the formal investigation begins. Such outreach can provide an opportunity for clarification or resolution before the matter proceeds to a formal investigation.

Lastly, the new rules establish a process for admitting expert testimony. This addition indicates the CFP Board's commitment to ensuring that expert opinions are appropriately considered and weighed during the adjudication process.

 

Eccleston Law LLC represents investors and financial advisors nationwide in securities,
employment, transition, regulatory, and disciplinary (including CFP Board) matters.

Tags: eccleston, eccleston law

Return to Archive

TESTIMONIALS

Previous
Next

I cannot thank you enough for your efforts. You have proven to be a valuable resource.

Jim T.

LATEST NEWS AND ARTICLES

December 10, 2025
SEC Highlights Rising Risks in RIA Consolidation and Focuses on Retailer Investor Protection

The Securities and Exchange Commission signaled heightened scrutiny of investment advisers involved in mergers and acquisitions, according to its newly released 2026 Examination Priorities.

December 9, 2025
The Vanishing Boundary Between Investing and Gambling

According to Bloomberg Law, there now are the tools, tactics, and a psychology of gambling that increasingly resembles those of retail trading.

December 8, 2025
Former Morgan Stanley Advisor Faces FINRA Action Over Undisclosed Loans from Elderly Client

FINRA filed a complaint against former Morgan Stanley advisor Kirk J. Crossen, alleging that he borrowed $400,000 from an 84-year-old customer experiencing early-stage dementia and concealed the loans from his firm.