CFP Board Willing to Lose Thousands of CFP’s over New SEC Rule

Posted on July 12th, 2019 at 4:49 PM
CFP Board Willing to Lose Thousands of CFP’s over New SEC Rule

From the Desk of Jim Eccleston at Eccleston Law LLC:

Several representatives within the brokerage industry have attempted to convince CFP Board officials to match the SEC’s less stringent requirements for licensing. The CFP Board has maintained that it will continue with its own standards, but could potentially offer specific “accommodations” to help firms adapt, although it is unknown what type of accommodations will be offered.

Numerous firms have requested an extension to the proposed October 1st deadline, which the CFP Board is strongly considering. While the industry is not expecting over 80,000 CFP’s to lose their designation, the CFP Board is anticipating the worst-case scenario according to the Chairwoman. The CFP Board’s ongoing conflict with brokerage firms originates from the fact that about 46% of CFP’s are brokers due to their advantage of being licensed by Finra. The CFP Board’s decision to uphold higher standards for licensing could have widespread repercussions. For example, several of the nearly 2,000 CFP’s at Edward Jones are preparing for the situation in which they will lose their licenses. In fact, eight large brokerage firms including LPL Financial, Edward Jones, Wells Fargo, and Ameriprise Financial have voiced their concerns to the CFP Board over the past year.

The new SEC rule mandates that CFP’s act as fiduciaries only in the cases that they are providing comprehensive financial planning. Many brokerage firms indicate that these terms are difficult to interpret, yet could impact thousands of people who are currently licensed.

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, sec, cfp standards, certified financial planner

Return to Archive

TESTIMONIALS

Previous
Next

I learned two important things working with Eccleston Law. First, I made a friend and ally with Jim and Steph for life. Secondly, and this is a crucial life lesson - if you need counsel, then seek out the very best. Jim was referred to me by a most trusted source. I've never had to hire an attorney for anything. Now, I know the value of hiring an important partner. Meticulous, thorough and detailed in preparation is the best way to describe Jim. Brilliant too, I might add. Bottom line, I would highly highly recommend Jim and Stephany for your legal needs. One of the best life decisions I've ever made.

Howard S.

LATEST NEWS AND ARTICLES

March 21, 2025
SEC Updates Marketing Rule Guidance to Clarify Extracted Performance and Portfolio Metrics

The Securities and Exchange Commission (SEC) has issued updated guidance on its marketing rule, addressing industry concerns regarding net performance requirements, extracted performance, and portfolio characteristics.

March 20, 2025
Stifel Loses Raiding Case, Ordered to Pay Over $7 Million in Legal Fees

Stifel Financial has lost its raiding and breach-of-contract claim against a group of advisors who left its Indianapolis office to establish their own firm.

March 19, 2025
FINRA Enforcement Actions in 2024: Fines Drop But Cases Increase

The Financial Industry Regulatory Authority (FINRA) imposed $59 million in fines in 2024, reflecting a 35 percent decrease from the previous year, according to an analysis by Eversheds Sutherland.