CFP Board Compares its Duty of Loyalty to the SEC’s Reg B-I
From the Desk of Jim Eccleston at Eccleston Law LLC:
This is the third of several posts discussing the similarities and differences of the SEC’s recently-implemented Regulation Best Interest (“Reg. B-I”) and the CFP Board’s Code of Ethics and Standards of Conduct. In this post, we will look at the duty of loyalty required by the CFP Board and Reg B-I.
Both Reg B-I and the CFP Board Code impose a duty of loyalty. Those duties are designed to limit conflicts of interest. The CFP Board’s duty of loyalty requires that a CFP professional “[p]lace the interests of the client above the interests of the CFP professional and his or her firm.” The CFP Board Code also requires that a CFP professional “act without regard to the financial or other interests of the CFP professional, his or her firm, or any individual or entity other than the client.”
The SEC’s Reg B-I requires that an advisor making a recommendation to a client must do so “without placing the financial or other interests of the broker-dealer ahead of the interest of the retail customer.” According to the SEC, this language was not intended to create a lower or weaker standard than if the rule had used the phrase “without regard to” which is used in the CFP Board Code.
CFP professionals who receive an inquiry or a complaint from the CFP Board should contact the professionals at Eccleston Law for a free consultation.
The attorneys of Eccleston Law LLC represent investors and advisors nationwide in securities and employment matters. The securities lawyers at Eccleston Law also practice a variety of other areas of practice for financial investors and advisors including Securities Fraud, Compliance Protection, Breach of Fiduciary Duty, FINRA Matters, and much more. Our attorneys draw on a combined experience of nearly 65 years in delivering the highest quality legal services. If you are in need of legal services, contact us to schedule a one-on-one consultation today.
Related Attorneys: James J. Eccleston
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