CFP Board New Code of Ethics and Standards of Conduct: Duties Owed to Clients

Posted on July 24th, 2019 at 3:15 PM
CFP Board New Code of Ethics and Standards of Conduct: Duties Owed to Clients

From the Desk of Jim Eccleston at Eccleston Law LLC:

When the CFP Board's new Code of Ethics and Standards of Conduct ("Code and Standards") takes effect on June 2020, the CFP Board will expect all CFP professionals to abide by this more rigorous framework.

The most noteworthy change made to the Code and Standards expands a CFP professional's obligation to act as a fiduciary at all times when providing financial advice.

According to the Commentary to the Code and Standards ("Commentary"), financial advice includes "discretionary authority as well as communications that would be viewed as a recommendation that the client takes or refrains from taking a particular course of action with respect to a wide range of financial matters."

Communications that do not fall within that definition, such as responses to directed orders, would not be financial advice, according to the Commentary. The definition also excludes the provision of services or the furnishing or making available of marketing materials, general financial education materials, or general financial communications, all of which a reasonable CFP professional would not view as financial advice.

Notably, under the new Code and Standards, the public will know that CFPs are committed to acting as fiduciary at all times when providing financial advice, and not just when providing financial planning, as is the case under the current Code and Standards.

Moreover, professionals must act in the best interest of the client and consistently fulfill the duty of loyalty, the duty of care, and the duty to follow client instructions. The duty of loyalty requires a CFP professional to place the interest of the client above the interest of CFP professional and the CFP professional's firm. The duty of care prescribes a CFP professional to act with a care, skill, prudence, and diligence. The duty to follow client instructions requires a CFP professional to comply with all objectives, policies, restrictions, and other terms of the engagement.

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 FraudCompliance ProtectionBreach of Fiduciary DutyFINRA 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

Tags: james eccleston, eccleston law, eccleston law llc, eccleston, cfp board, code of ethics, standards of conduct, certified financial planner

Return to Archive

TESTIMONIALS

Previous
Next

If the regulators are after you, and are trying to make a case against you, and you are going to contest their allegations against you, make sure you have the best securities industry defense lawyers, Eccleston Law Firm. My case was spun into a combination of penalties including fines, cash settlements, CE courses and suspension. They were the best I have seen in action. When all was said and done, they had done their magic, my situation was negotiated and settled with a simple "letter of caution" and a case closed without action. It is the most important legal business decision you will ever make, make it Eccleston Law.

Rick R.

LATEST NEWS AND ARTICLES

October 2, 2024
SEC Charges Two South Florida Men for Defrauding Venezuelan-American Investors in $5 Million Scheme

The Securities and Exchange Commission (SEC) has filed a complaint against two South Florida men, Francisco Javier Malave Hernandez and Ricardo Javier Guerra Farias, for orchestrating a multi-million dollar investment fraud that targeted members of the Venezuelan-American community.

October 1, 2024
California Advisor Suspended and Fined for Churning Client Accounts

A veteran advisor in Santa Maria, California, Stewart "Paxton" Ginn, has been suspended for 18 months and fined $50,000 by FINRA, according to AdvisorHub

September 30, 2024
Bank of America and Merrill Lynch Settle with FINRA for Supervisory Failures

Bank of America and its subsidiary, Merrill Lynch, have agreed to a $3 million fine and censure as part of a settlement with FINRA over long-term supervisory failures.