CFP Board's Enforcement Powers Create Major Risks: SIFMA

News October 28, 2024 at 02:20 PM
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Regulations and compliance gears

The Certified Financial Planner Board of Standards' "continually expanding role as a de facto private regulator" for CFPs creates "major regulatory, supervisory and reputational risks for the firms that employ" CFPs, according to a just-released white paper by the Securities Industry and Financial Markets Association.

There's a growing concern among financial services firms with the CFP Board's regulatory behavior, including "establishing separate rules, guidance and standards, conducting investigations, bringing enforcement actions, imposing sanctions, and publishing related information about CFP Certificants online," the white paper states.

Also troubling: Many of CFP Board's regulatory activities duplicate and conflict with existing Securities and Exchange Commission and Financial Industry Regulatory Authority rules, the white paper states.

"SIFMA and its members are committed to addressing and ameliorating the significant risks imposed by CFP Board's regulatory regime," Ken Bentsen, SIFMA's president and CEO, said Monday in a statement. "We look forward to working collaboratively with CFP Board, and the SEC and FINRA, to develop long-term workable solutions that benefit all affected parties."

CFP Board said Monday in a statement shared with ThinkAdvisor that it's reviewing SIFMA's recommendations.

"We will consider SIFMA's input as we have with all public comments on our ethics documents, including CFP Board's Procedural Rules, Sanction Guidelines, Fitness Standards and Code of Ethics and Standards of Conduct," a CFP Board spokesperson said.

The CFP Board gets its regulatory powers "through contract," Tom Sporkin, the board's managing director of enforcement, told ThinkAdvisor in a separate interview at the board's inaugural Connections Conference in Washington in early October.

"CFP Board is not a government body," Leo Rydzewski, the group's general counsel, added during the interview. "We are a nonprofit, voluntary organization that operates through a system we call private ordering. So CFP professionals voluntarily agree as part of their certification to act as a fiduciary in their clients' best interest."

He added that the system's private nature had been "celebrated" and that the government was not the sole arbiter of professional standards.

"The law, rule and regulation is the floor — everybody has to comply with laws, rules and regulations," Rydzewski continued. "But a profession can have standards and requirements that might even be higher in some circumstances. So CFP Board, as a professional body, has developed these standards that apply to all CFP professionals. When I say CFP Board, it's really the profession that itself has helped to set these standards, because CFP Board is really powered with volunteers from within the profession."

In its white paper, SIFMA recommends that CFP Board make the following changes:

  • Eliminate rules and standards that duplicate or conflict with SEC and FINRA rules and standards
  • Implement safeguards around CFP Board document and information requests to CFP certificants
  • Provide additional notices to the CFP certificant's firm regarding CFP Board investigative and enforcement milestones, and other currently unreported events
  • Give timely notice and copies to the CFP certificant's firm of any firm materials or regulatory materials produced by a CFP certificant to the CFP Board.

CFP Board, according to the spokesperson, "has an established, transparent process for upholding its standards, incorporating regular outreach and opportunities for feedback and public comment. We always welcome meaningful dialogue with SIFMA, the SEC, FINRA and other stakeholders."

The spokesperson added: "As an organization committed to competency and ethical standards for financial planners, CFP Board is not a regulator. More than 100,000 CFP certificants make a voluntary commitment to CFP Board to adhere to our Code of Ethics and Standards of Conduct. Both the public and CFP professionals expect high standards. CFP certification enhances client trust and advisor credibility, and firms gain a competitive edge by employing CFP professionals. CFP Board remains dedicated to upholding a process that ensures CFP certification as the standard for competent and ethical financial planning."

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