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30033 – Anonymous Case History
Decision: Private Censure
Keyword(s): Disclosure to Clients; Fee-Only; Securities Laws Violation
Standard(s) Violated: Article Article 3(a); 4.3; 2.2(a); 2.1
Matter Type(s): Regulatory Action
Decision Date: 07/21/2016
Summary: Whether a CFP® professional (“Respondent”) violated CFP Board’s Standards of Professional Conduct when he: 1) communicated, directly or indirectly, to clients or prospective clients misleading information directly or indirectly related to the certificant’s professional qualifications or services when he misrepresented his compensation structure as “fee-only” despite receiving commissions; 2) failed to disclose to prospective clients or clients an accurate and understandable description of the compensation arrangements being offered; 3) failed to separately invoice clients each time he withdrew his fee from the client’s account causing him to violate net-capital requirements; and 4) entered into, extended, or renewed investment advisory contracts which failed to disclose accurate advisory fees.

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