By Greg Wright,
MBA, CFE, CFP®, CLU, ChFC
Certified Fraud Examiner
Certified Financial Planner™
We hear it almost daily on
the radio and read the ad copy that explains: retirement expert helped my
parents, he can help seniors like you, specializes in retirement planning.
Senior citizens are the focus of stockbrokers
and insurance agents because they own well over half of the financial assets in
America. Those assets are becoming
liquid as the baby boomer generation retires and move huge amounts of money
from corporate 401K plans into personal IRAs and annuities.
The financial services
industry has been gearing up to help seniors move that money by designing
products and training its salesforce.
They have been very creative in convincing seniors about its representatives’
expertise by incorporating professional appearing designations on their salesmen’s
business cards, stationary, and presentations.
Some of these professional designations are of small value and others
are simply bogus.
Unfortunately, some seniors
get lulled into believing the senior alphabet soup next to their financial
advisor’s name or his marketing materials really means that the person has
special skills when it comes to advising seniors.
State securities regulators have
been very worried about this, according to the past president of the North
American Securities Administrators Association. "We are taking a growing
number of administrative actions against people using designations as part and
parcel of fraudulent securities activities, especially with older people."
Professional certifications
arose decades ago as a way for firms in various industries to identify qualified
practitioners. In the financial realm,
many well-established credentials, including the certified public accountant,
chartered financial analyst and certified financial planner designations,
require long study, demand continuing education and enforce strict codes of
ethics. In order to become a CPA, for example, one must pass a 14-hour CPA exam.
Many newer credentials,
however, require comparatively little effort on the part of the students and
little or no continuing education. Some
are no better than a certificate you might find as a prize in a cereal box.
A few weeks ago, Massachusetts
regulators fined LPL Financial charging that they misrepresented the qualifications
of its representatives when working with older investors – seniors. Apparently an LPL reprehensive referred to
himself as a “Retirement Income Planning
Specialist.” The regulators said that
LPL had even approved an offending title on a broker’s business card more than
once.
What is a senior designation?
There are over 150 financial
designations currently in use. Two specifically
identified as offensive by others and not allowed to be used in Indiana in
conjunction with the senior market: Certified Senior Consultant and Chartered
Senior Financial Planner.
If you want to check out these
two or the alphabet soup next to your financial advisor’s name, a good place to
start is the Financial Industry Regulatory Authority website. There you can find out the experience requirements, testing, continuing
education, how to process complaints and the accreditation organization (if
any),
To address the senior
designation issue, the North American Securities Administrators Association, a
group of state securities regulators, and the National Association of Insurance
Commissioners, a group of state insurance commissioners, both devised a similar
model law for states to follow in regulating professional designations that
relate to older investors – seniors. It
is called the Model Rule.
Most states, including
Indiana, have adopted the regulations.
These regulations prohibit
the uses of senior-specific certifications and professional designations except
for seven that have been approved by two certifying organizations and the U.S. government. The rules deem it unfair and deceptive for an
insurance agent or stockbroker to use a professional designation that implies
in such a way as to mislead the purchaser that the person has special training
in advising or servicing seniors.
This rule does not apply to
certifications or designations that have been accredited by the American
National Standards Institute, or the national Commission for Certifying
Agencies, or an organization on the list of Accrediting Agencies Recognized for
Title IV purposes.
Seven professional designations
that meet these criteria are:
1.
Certified
Financial Planner –CFP
2.
Certified
Investment Management Analyst – CIMA
3.
Accredited
Retirement plan consultant –ARPC
4.
Certified
Medicaid planner – CMP
5.
Certified
Retirement counselor – CRC
6.
Certified
retirement Financial Advisor – CRFA
7.
Certified Senior
Advisor – CSA
However, as much as these
regulations appear to be a good idea, according to Indiana regulators, no one
has been found to be in violation of these regulations. Maybe no one has filed a complaint. Perhaps the
regulators don’t listen to the radio.
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