Key Takeaways
- Conduct that Presents an Absolute Bar permanently disqualifies candidates (felony conviction for theft, murder, rape, tax fraud, or revocation of financial license)
- Conduct that Renders an Applicant Currently Ineligible requires waiting periods or petition to the DEC
- A single bankruptcy requires disclosure and may result in a Caution or Public Notice; two or more bankruptcies create a presumptive bar
- Candidates can petition the DEC for a fitness determination if conduct falls outside the Absolute Bar category
Fitness Standards for Candidates
CFP Board requires all candidates to demonstrate ethical fitness before becoming certified. The Fitness Standards establish specific character and fitness requirements that candidates must meet. These standards also apply to former CFP professionals seeking reinstatement after suspension or revocation.
Understanding the Fitness Standards is essential for CFP exam candidates because the exam frequently tests these concepts. The standards categorize adverse conduct into three tiers with different consequences for certification eligibility.
The Three Categories of Adverse Conduct
CFP Board evaluates applicants based on three categories of conduct that may affect certification eligibility:
| Category | Definition | Outcome |
|---|---|---|
| Conduct that Presents an Absolute Bar | Permanently disqualifying conduct | Cannot obtain certification - ever |
| Conduct that Renders Applicant Currently Ineligible | Temporarily disqualifying conduct | Must wait specified time period |
| Conduct Requiring Petition for Fitness | Conduct that may be acceptable | Must petition DEC for determination |
The DEC (Disciplinary and Ethics Commission) reviews fitness petitions and determines whether to grant certification, grant with conditions, or deny.
Conduct that Presents an Absolute Bar
Certain conduct permanently bars an individual from ever obtaining CFP certification. No petition or appeal can overcome an Absolute Bar. This includes:
Felony Convictions:
- Theft, embezzlement, or other financially-based crimes
- Tax fraud or other tax-related crimes
- Any degree of murder or rape
- Violent crimes within the past five years
Professional License Actions:
- Revocation of a financial professional license (securities representative, broker-dealer, insurance, accountant, investment adviser, financial planner)
- Exception: Administrative revocation for non-renewal (failure to pay fees) does not constitute an Absolute Bar
Exam Tip: The key distinction is between revocation (Absolute Bar) and suspension (Presumptive Bar requiring petition). Revocation of a financial license is permanent; suspension allows the possibility of certification through petition.
Conduct that Renders an Applicant Currently Ineligible
Some conduct creates a presumptive bar to certification. Unlike an Absolute Bar, candidates in this category may petition the DEC for a fitness determination. The DEC will deny certification unless the candidate can demonstrate fitness.
Presumptive Bar Conduct Includes:
| Conduct | Details |
|---|---|
| Two or more bankruptcies | Personal or business (where applicant was a control person) |
| Felony conviction for violent crimes | More than five years ago (if within five years, it's an Absolute Bar) |
| Felony conviction for non-violent crimes | Within the last five years |
| Suspension of a financial professional license | As opposed to revocation (Absolute Bar) |
| Revocation or suspension of a non-financial license | Professional licenses outside financial services |
| Statutory disqualification | Disqualification under securities laws |
| Surrender of professional license | Due to regulatory action or investigation |
Petition for Fitness Process:
- Candidate signs the Pathway to CFP Certification Agreement
- CFP Board staff notifies candidate of requirement to file a Petition for Fitness
- Candidate submits written petition with relevant documentation
- DEC reviews petition and issues an order
Possible DEC Outcomes:
- Grant the Petition for Fitness (approve certification)
- Grant with Private Notice or Public Notice
- Deny the Petition and impose Temporary Bar or Permanent Bar
Bankruptcy and Fitness Standards
Bankruptcy is frequently tested on the CFP exam. The treatment depends on the number of bankruptcies and when they occurred:
One Bankruptcy:
| Timing | Result |
|---|---|
| Single bankruptcy (resolved) | May certify with Caution or Public Notice |
| Recent bankruptcy (within 5 years) | Public Notice on CFP Board website for 10 years |
| Older bankruptcy | May receive Caution only (not public) |
A single bankruptcy does not automatically bar certification, but the candidate must demonstrate they are no longer exhibiting inability to manage financial affairs responsibly.
Two or More Bankruptcies:
| Situation | Result |
|---|---|
| Two or more bankruptcies | Presumptive Bar - must petition DEC |
| DEC denies petition | Temporary or Permanent Bar from certification |
| DEC grants petition | May certify, typically with Public Notice |
Bankruptcy Reporting Requirements:
- Report to CFP Board: Within 30 calendar days of filing
- Report to clients: Within 90 days, with location of relevant public websites
Public Disclosure of Bankruptcy:
- Disclosed on CFP professional's public profile on CFP Board's website
- Included in periodic press releases by CFP Board
- Remains visible for 10 years from the disclosure date
Other Adverse Conduct
The third category includes conduct that may reflect adversely on fitness but does not create an Absolute Bar or Presumptive Bar. Candidates with this conduct may need to provide additional information but are not automatically barred:
- Customer complaints
- Arbitrations and other civil proceedings
- Felony conviction for non-violent crimes more than 5 years ago
- Misdemeanor convictions
- Employer investigations or terminations
The Character and Fitness Review Process
CFP Board conducts character and fitness review as part of the certification process:
Step 1: Ethics Declaration When applying for certification, candidates must complete an ethics declaration disclosing any relevant conduct, including:
- Criminal history
- Civil proceedings
- Regulatory actions
- Bankruptcies
- Customer complaints
Step 2: Background Verification CFP Board verifies the information through:
- Criminal background checks
- Review of regulatory databases (CRD, IARD)
- Court records
- Other public sources
Step 3: Determination Enforcement Counsel reviews the information and determines:
- No bar exists (candidate proceeds to certification)
- Conduct presents an Absolute Bar (candidate cannot certify)
- Conduct requires Petition for Fitness (candidate must petition DEC)
Step 4: DEC Review (if applicable) If a Petition for Fitness is required:
- The Hearing Panel reviews the petition
- Panel recommends to the DEC whether to grant or deny
- DEC issues final order (grant, grant with notice, or deny)
- Candidate may appeal to the Appeals Commission
Burden of Proof
The candidate bears the burden of proving fitness by a preponderance of the evidence. This means the candidate must show it is "more likely than not" that they possess the ethical fitness for certification.
Reinstatement After Suspension
Former CFP professionals seeking reinstatement after suspension of more than one year must:
- File a written Petition for Reinstatement
- File no earlier than 6 months before suspension ends
- File no later than 5 years after suspension began
- Submit to DEC and Hearing Panel review
Critical Timeline: If a suspended CFP professional fails to file a Petition for Reinstatement within 5 years of the suspension start date, they are deemed to have permanently relinquished CFP certification.
May 2025 Procedural Rule Updates
CFP Board adopted updated Procedural Rules effective May 23, 2025, which refined the fitness determination process:
Single Bankruptcy Cases:
- Candidates with a single bankruptcy (no longer demonstrating inability to manage financial affairs) may attain certification with a Caution or Public Notice
- The specific outcome depends on how long ago the bankruptcy occurred and whether the individual was providing professional services at the time
Multiple Alcohol/Drug-Related Offenses:
- Candidates with multiple misdemeanor convictions involving alcohol and/or drug-related offenses may attain certification with a Caution
- Requirement: The most recent offense must be seven or more years ago
These updates maintain the integrity of CFP certification while streamlining the adjudication process for certain categories of cases.
Key Fitness Standards Comparison
| Conduct | Classification | Can Petition DEC? | Can Eventually Certify? |
|---|---|---|---|
| Felony theft/embezzlement | Absolute Bar | No | No - never |
| Felony murder/rape | Absolute Bar | No | No - never |
| Financial license revocation | Absolute Bar | No | No - never |
| Two or more bankruptcies | Presumptive Bar | Yes | If DEC grants petition |
| Financial license suspension | Presumptive Bar | Yes | If DEC grants petition |
| Single bankruptcy | May require petition | Possibly | Yes, often with Public Notice |
| Customer complaint | Other adverse conduct | Usually not needed | Yes |
Which of the following conduct categories permanently prevents an individual from obtaining CFP certification?
A CFP candidate has two personal bankruptcy filings on their record. How is this conduct classified under the Fitness Standards?
Which statement about revocation versus suspension of a financial professional license is correct under CFP Fitness Standards?