Key Takeaways
- The scope of engagement must be mutually agreed upon and documented before providing financial planning services
- Engagement letters serve as the legal contract defining roles, responsibilities, compensation, and duration of the relationship
- CFP professionals must disclose all material information including compensation method, conflicts of interest, and firm affiliations
- Fee-only planners receive compensation solely from clients; fee-based planners may also receive commissions or other third-party compensation
Establishing the Client-Planner Relationship
Before any financial planning services can be provided, CFP professionals must properly establish the client relationship. This critical step ensures both parties understand the nature, scope, and terms of their engagement. Skipping or inadequately completing this step can lead to misunderstandings, ethical violations, and potential liability.
The Scope of Engagement
The scope of engagement defines what services the CFP professional will and will not provide. It is a mutual agreement between the planner and client that must be established before any planning work begins.
Key Elements of the Scope of Engagement
| Element | Description | Example |
|---|---|---|
| Services to be Provided | Specific planning areas covered | Retirement planning and investment management |
| Services NOT Provided | Areas explicitly excluded | Tax preparation, legal advice, insurance sales |
| Duration | Time frame of the engagement | One-time plan or ongoing relationship |
| Responsibilities | Who does what | Planner analyzes; client provides information |
| Compensation | How the planner will be paid | Fee-only, commission-based, or hybrid |
| Termination | How either party can end the relationship | Written notice, refund policy |
Why the Scope Matters
The scope of engagement serves several critical purposes:
- Client Protection: Clients know exactly what to expect and can hold the planner accountable
- Planner Protection: Limits liability to agreed-upon services
- Regulatory Compliance: Required by CFP Board Standards of Conduct
- Professional Standards: Demonstrates thoroughness and professionalism
- Conflict Prevention: Reduces misunderstandings about deliverables
Exam Tip: If a CFP professional cannot obtain sufficient information to provide comprehensive planning within the agreed scope, they must either narrow the scope of engagement or terminate the relationship.
Limited Scope vs. Comprehensive Engagement
CFP professionals may offer different levels of service:
Limited Scope Engagement:
- Focuses on specific planning areas (e.g., only retirement planning)
- May be appropriate for clients with focused needs
- Still requires documentation and disclosure
- CFP professional remains responsible for all steps within the limited scope
Comprehensive Financial Planning:
- Addresses all relevant elements of the client's circumstances
- Integrates multiple planning areas
- Requires full seven-step process
- Generally appropriate when decisions affect multiple areas of the financial plan
The Engagement Letter
An engagement letter (also called a financial planning agreement or client service agreement) is the formal written document that establishes the client-planner relationship. It transforms the scope of engagement into a binding agreement.
Required Elements of an Engagement Letter
| Section | Content | CFP Board Requirement |
|---|---|---|
| Parties | Names and contact information | Required |
| Scope of Services | What planning services will be provided | Required |
| Client Responsibilities | Information client must provide | Required |
| Planner Responsibilities | What the CFP professional will do | Required |
| Compensation | How, when, and how much the planner is paid | Required |
| Conflicts of Interest | Material conflicts and how they're managed | Required |
| Duration and Termination | When engagement begins/ends, how to terminate | Required |
| Confidentiality | How client information will be protected | Best Practice |
| Limitations | What the planner cannot or will not do | Best Practice |
Sample Engagement Letter Language
Here is an example of key provisions in an engagement letter:
Scope of Services: "We will provide comprehensive financial planning services including retirement planning, investment analysis, risk management review, and estate planning coordination. We will NOT provide tax preparation, legal document drafting, or insurance policy sales."
Compensation: "Our firm charges a flat fee of $3,000 for comprehensive financial plan development, payable 50% upon signing this agreement and 50% upon plan delivery. Ongoing monitoring services are billed at $250 per month."
Client Responsibilities: "The Client agrees to provide accurate and complete information regarding their financial situation, inform us of any material changes in circumstances, and review all recommendations before implementation."
Exam Tip: The engagement letter must be established before providing financial planning services, not after the planning process has begun.
Compensation Disclosure
One of the most critical aspects of establishing the client relationship is clear disclosure of how the CFP professional will be compensated. The CFP Board requires full transparency about compensation arrangements.
Types of Compensation Models
| Model | Description | Potential Conflicts |
|---|---|---|
| Fee-Only | Compensation comes solely from client fees (hourly, flat, or AUM) | Minimal conflicts; may favor higher AUM |
| Fee-Based | Receives client fees AND commissions or other compensation | Commission products may be recommended |
| Commission-Only | Compensation from product sales only | May favor products with highest commissions |
| Salary | Employed by a firm, paid salary | May push firm's proprietary products |
Fee-Only vs. Fee-Based: A Critical Distinction
Fee-Only CFP professionals:
- Receive ALL compensation directly from clients
- Do not receive commissions, referral fees, or third-party payments
- Generally viewed as having fewer conflicts of interest
- Cannot use the term if they receive ANY third-party compensation
Fee-Based CFP professionals:
- Receive fees from clients AND other compensation sources
- May receive commissions on insurance or investment product sales
- Must disclose all compensation sources
- Subject to more potential conflicts of interest
Exam Tip: The CFP Board's Code of Ethics requires disclosure of ALL material compensation sources. A "fee-based" planner who describes themselves as "fee-only" is violating the Code.
Disclosure Requirements
CFP professionals must provide clients with specific disclosures, either before or at the time the client engages their services:
Material Disclosures Required
- Services and Products Offered: What you can and cannot provide
- Compensation Method: How you get paid, by whom, and how much (or ranges)
- Conflicts of Interest: Any situation that could affect objectivity
- Relationships with Third Parties: Referral arrangements, affiliations
- Regulatory Status: SEC/state registration, broker-dealer affiliation
- Disciplinary History: Material legal or regulatory issues
- Certifications and Licenses: CFP certification status, securities licenses
Form ADV and Other Required Documents
Depending on regulatory registration, CFP professionals may need to provide:
| Document | Who Provides | What It Contains |
|---|---|---|
| Form ADV Part 2 | SEC/State-registered investment advisers | Detailed firm information, fees, conflicts |
| Form CRS | Broker-dealers and investment advisers | Client Relationship Summary |
| Privacy Notice | All financial institutions | How client information is used/shared |
| Financial Planning Agreement | All CFP professionals | Scope and terms of engagement |
Client Responsibilities
The engagement letter should clearly outline what the client is expected to do:
Information Provision:
- Provide accurate and complete financial information
- Disclose relevant personal circumstances affecting financial decisions
- Share copies of key documents (tax returns, account statements, insurance policies)
- Update the planner when circumstances change
Communication:
- Respond to requests for information in a timely manner
- Review materials provided by the planner
- Ask questions when something is unclear
- Provide feedback on preferences and concerns
Decision-Making:
- Make final decisions on all recommendations
- Take responsibility for accepting or rejecting advice
- Implement agreed-upon strategies
- Monitor own progress and report back as needed
Terminating the Relationship
Either party should be able to terminate the relationship, and the engagement letter should specify:
- Notice Requirements: How much advance notice is required (typically 30 days)
- Reason Requirement: Whether a reason must be given (usually not required)
- Fee Adjustments: Refunds for prepaid fees, pro-rata billing
- Document Retention: How long records will be kept, client access
- Transition Assistance: Help moving to a new adviser if requested
When Financial Planning Applies
The CFP Board uses several integration factors to determine when a financial planning engagement exists:
- Number of Elements Affected: How many areas of the client's life are impacted
- Portion of Assets Involved: What percentage of the client's wealth is affected
- Time Frame: How long the client's circumstances may be impacted
- Risk Exposure: Effect on the client's overall exposure to risk
- Barriers to Modification: Difficulty or cost of changing course (surrender charges, penalties)
When these factors indicate significant integration across multiple planning areas, the full seven-step financial planning process applies, and a comprehensive engagement must be established.
Which of the following MUST be included in a CFP professional's engagement letter?
A financial planner receives a $200/hour fee from clients AND a $500 commission when clients purchase insurance products. This compensation model is BEST described as:
If a CFP professional cannot obtain sufficient information from a client to provide the agreed-upon comprehensive financial planning services, what should the CFP professional do?