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Back Ground
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Competency Concerns
Aside from fee only, the balance of these payment schemes imply that
financial planning is being offered in conjunction with other products or
services such as investment brokering, banking, accounting, or underwriting.
These planners are often described as product-driven, as opposed to fee-
only planners who are called process-driven. Less delicately put, critics of
financial planners who accept commissions call them salespeople, not
advisers.
Because fee-only planners are paid by the client and don't receive
commissions, they have fewer conflicts of interest when they recommend
investment vehicles and thus are sometimes considered more impartial than
other types of planners. Still, despite a major push in the industry toward
fee-only compensation, the most common pay structure among CFP
certificate holders is combination fee and commission.
Regulation
In the past, some states licensed advisers. Financial planners were not
required to register with the SEC unless they recommended specific stocks
or bonds, in which case they had to be registered investment advisers. The
SEC required no test, however, with the result that registration reflected
little about the adviser's competency. Applicants simply paid a fee and
submitted a form listing their disciplinary history, educational background,
and investment philosophy. Even as many states do not require licensure of
financial planners, most state securities agencies do not regulate individuals
associated with investment of financial planning firms, whether or not those
firms are registered with the SEC or with a state agency.
Under the new regulations, the SEC retained jurisdiction within any state
that had not enacted its own regulations but had no plans for testing or
enforcing competency requirements. Many states, however, have begun to
coordinate some testing requirements for new entrants to the field. As of
June 1998, the American Institute of Certified Public Accountants reported
that 15 states had a 150-hour education requirement for planners in effect
with another 29 scheduled to follow suit on a future date; and that in
addition, 22 states prohibit commissions and contingent fees.
The states present a mixed picture. David Weidner wrote in a Wall Street
Journal report that some are adapting faster than others to the new order of
things: "Pennsylvania, along with [Connecticut and Washington], is
considered a model in dealing with the new responsibility." Like Connecticut
and Washington, Weidner said, Pennsylvania had an active regulatory
agency that worked with the SEC before the act went into effect.
Associations
The CFA Institute (formerly the Association for Investment Management and
Research), www.cfainstitute.org, had 94,588 members in 133 countries as of
2007. The organization, which grants the prestigious Chartered Financial
Analyst designation, sets the highest standards in education, ethics, and
advocacy for investment professionals, their employers, and their clients.
This trend was especially evident among the approximately 76 million baby
boomers who were approaching retirement age. However, due to poor
saving habits, many boomers were not adequately prepared for retirement.
According to one estimate, some 65 percent of this demographic group had
not saved sufficiently for retirement at the traditional age of 65. Additionally,
boomers were more likely to have racked up higher levels of debt than past
generations. In its July 25, 2005 issue, Business Week reported that of those
households headed by individuals aged 50 to 59, some 50 percent had
$10,000 or less in a 401(k) account.
While this was an important consideration for financial planners of all stripes,
more significant issues loomed on the horizon. In addition to Social Security
benefits that were expected to run out of funding by 2042, as well as a more
volatile stock market, the responsibility for retirement planning was rapidly
shifting to the individual and away from employers that once offered
generous pension plans. In fact, one estimate indicated that a mere 12.5
percent of employees will be guaranteed a pension by 2025.
In addition to these burdens, many Baby Boomers were contending with the
need to care for and support elderly parents, and pay college tuition for their
children. Outlays such as these often put a strain on retirement savings.
Because of the significant financial impact these situations were expected to
have, many financial planners were preparing to have serious conversations
with their clients.
The need to save more for retirement was not limited only to baby boomers.
Generations X and Y, as well as the so-called Millennials, which will
constitute the majority of the U.S. workforce by 2050, also needed to save
more According to data from the Employee Benefits Research Institute, cited
in the December 1, 2006, issue of Employee Benefit News, approximately 33
percent of those aged 21 to 30 participated in their company's 401(k) plan.
The publication cited challenges such as college loan payoffs and credit card
debt, as well as a tendency to focus on immediate gratification, as
roadblocks that hindered younger people from saving for their future.
Current Conditions
According to First Research, Inc., there were about 25,000 U.S. companies
engaged in financial planning and advising in 2009. Their combined annual
revenues were approximately $115 billion. On a global level, in March 2009,
the Financial Planning Standards Board Ltd. (FPSB) announced that the
number of CFP (certified financial planner) professionals had roughly doubled
in the previous eight years to a 2009 total of 118,506, concentrated in about
20 global territories. The majority of them (59,676), according to FPSB, were
doing business outside of the United States. Certification and/or professional
affiliation of planners and advisors is increasingly requested or demanded.
The bank failures also triggered an interest in having the industry more
regulated. In late 2008, the FPA, NAPFA, and the Certified Financial Planning
Board coalesced to lobby Congress for a more clearly-defined and regulated
financial planning industry, much opposed by securities and investment
concerns. Among issues dividing the groups was the desire for a statutory
definition of "fiduciary." Increasingly, stockbroker arbitration was being
invoked to help investors who had lost money due to ineptitude or stock
fraud on the part of financial advisors, and professional malpractice suits
were on the rise. In March 2009, investment banker Bernard ("Bernie")
Madoff pleaded guilty to essentially creating false investment accounts and
privately pocketing funds received from investors, periodically paying
returns to some of them with money received from other prospective
investors under a giant "Ponzi" scheme. He was sentenced to 150 years in
prison in June 2009. In connection with this case, the accounting firm of
Friehling & Horowitz and its partner David G. Friehling, C.P.A. were also
charged with fraud and various SEC violations for falsely representing that
they had conducted legitimate company audits of Madoff's investment firm
over the years, when in fact they had not.
Explored by
Kartik Trivedi