CFP Board’s new Standard of Conduct

The Certified Financial Planner (CFP) Board recently adopted a new fiduciary standard for CFP professionals to act in the best interest of their clients at all times when providing financial advice. Although the CFP Board announced that it would not enforce the new requirements until June 30, 2020, broker-dealers and investment advisers should begin considering whether or not they should take any action to help ensure that their associated persons who are CFP professionals comply with the new fiduciary standard, including:

  • the specific fiduciary duties owed to a CFP’s client, including the duty to avoid or fully disclose material conflicts of interest
  • considerations for firms regarding whether, and if so how, to supervise the new standard
  • enforcement of the new fiduciary standard of conduct

Read more here.

The SEC’s new standard of conduct rules – application to retirement accounts

In completing its broker-dealer standard of conduct rulemaking, the SEC addressed important questions about the applicability of those requirements to retirement accounts. This alert provides analysis of the reach of the new requirements in the retirement market, including:

  • the types of broker-dealer interaction with plan participants that fall within the reach of Regulation Best Interest and Form CRS
  • how the new rules deal with the treatment of rollover advice to plan participants and IRA owners
  • practical considerations regarding the distinction between “investment education” and “recommendations”

Read more here.

Here’s looking at you, FINRA — Extraordinary Cooperation and Self-Reporting

On July 11, 2019, the Financial Industry Regulatory Authority released Regulatory Notice 19-23, providing new guidance on what constitutes “extraordinary cooperation” in FINRA investigations, and what credit FINRA may give to broker-dealers or individuals. How will this guidance affect firms that self-report violations under FINRA Rule 4530(b)?

Read more here.