The Code of Professional Responsibility of the Society of Financial Service Professionals (Singapore) is divided into five components, as follows:
- Preamble – a brief introduction to the Code of Professional Responsibility.
- Canons – model standards of exemplary professional conduct.
- Rules – specific standards of a mandatory and enforceable nature.
- Applications – practical examples of how the canons and rules apply in given situations.
- Disciplinary Procedures – the mechanisms for enforcement of the Code of Professional Responsibility.
The Society of Financial Service Professionals (Singapore) is dedicated to setting and promoting standards of excellence for professionals in financial services. In fulfillment of this mission, the Society’s Executive Committee has adopted this Code of Professional Responsibility. All Society members are automatically bound by its provisions.
The ultimate goal of enacting the Code is to serve the public interest. The path to fulfilling the goal is the fostering of professionalism in financial services. A profession has been defined as possessing four essential features:
- knowledge or expertise
- service to others
- working with other professionals to enhance the practice and reputation of one who is a member
Through its Code of Professional Responsibility, the Society strives to improve the level of ethical behaviour among its members by articulating standards to which they should aspire, that is, by identifying the lofty, altruistic ideals that define a true profession, and by delineating and enforcing minimum standards of ethical conduct.
This Code of Professional Responsibility has its origin in the code of ethics of the American Society of CLU & ChFC, the predecessor organization of the Society of Financial Service Professionals in the USA, and the organization on which the Society is modelled.
The Society acknowledges the diversity of its membership…from those that serve the public directly, as advisers, to those that serve indirectly through companies, educational organizations, and the like. Whatever role he or she plays within the financial services industry, it is the responsibility of each Society member to understand and adhere to the Code of Professional Responsibility.
From time to time, a Society member may be unclear about the ethical implications of a given course of action. In such cases, a Society member may request an advisory opinion from the Society. Advisory opinions will be unpublished and specific to the enquiring member. However, there may be instances in which the subject matter of the advisory opinion has broad, general application and in such cases, at its discretion, the Society may choose to publish a given opinion for the benefit of all members, preserving the anonymity of those involved.
An alleged violation of the Society’s Code of Professional Responsibility will result in an enforcement action, carried out in accordance with the Disciplinary Procedures. The procedures ensure that any member charged with ethical misconduct is afforded appropriate due process. The procedures also provide for appropriate sanctions, such as reprimand, censure, and revocation of membership, should a member be found to have acted in violation of the Code.
True enforcement of ethical behaviour must come from the personal conscience of each individual, rather than external forces. Nevertheless, as an organization that promotes its members’ education and expertise to the consumer, the Society believes it is essential that it act in an enforcement capacity.
CANON 1 Fairness
A member shall perform services in a manner that respects the interests of all those he/she serves, including clients, principals, partners, employees, and employers. A member shall disclose conflicts of interests in providing such services.
Fairness requires that a professional treat others as he/she would wish to be treated if in the other’s position. A professional also strives to avoid unfairness by inflicting no unnecessary harm on others and, when possible, shielding others from harm.
R1.1 A member shall not engage in behaviour involving concealment or misrepresentation of material facts.
Applications for Rule 1.1:
A1.1a. In the sale of financial products, the use of product projections that are more aggressive than the product provider’s current assumptions – without offering alternate illustrations/projections using more conservative assumptions – is a form of misrepresentation. It is best to show a range of assumptions for each product to illustrate the impact of changes on the rate of return and other expenses.
A1.1b. To avoid misrepresentation, the financial services professional is advised to use unbiased historical illustrations, show past performance, and to educate the consumer on the difference between past results and projections, and actual future results.
A1.1c. Improper replacement is a form of misrepresentation. When considering the replacement of one insurance, annuity, or other financial product for another, a thorough comparison of both products, including surrender charges, expenses, and fees should be completed.
A1.1d. Failing to note a pre-existing medical condition on an insurance application is a form of concealment.
R1.2 A member shall respect the rights of others.
R1.3 A member shall disclose to the client all information material to the professional relationship, including, but not limited to, all actual or potential conflicts of interest. In a conflict of interest situation, the interests of the client must be paramount.
Applications for Rule 1.3
A1.3a. A potential conflict of interest is inherent in the relationship between the client and the financial service professional when the professional is compensated by commissions on the sale of financial products. In such circumstances, if asked by the client or prospect, the professional should disclose, to the best of his/her knowledge, all forms of compensation, including commissions, expense allowances, bonuses, and any other relevant items.
A1.3b. The potential for a conflict of interest exists when a financial service professional receives fees for referring business to another practitioner. The referring professional should disclose this information.
A1.3c. A member who serves as a director or trustee of an organization/business faces a conflict of interest when competing to provide product or services to this organization for compensation. For example, Peter Tan, ChFC, a financial planner, is on the board of XNet Corporation. XNet is currently seeking advice and assistance on its group insurances. If Peter decides to seek XNet’s account, he is in a conflict of interest situation. Under these circumstances, he should disclose the conflict to all relevant parties and have the parties acknowledge and accept the conflict. Additionally, he should consider excusing himself from all discussions and decision-making regarding the selection of XNet’s insurer. He may also consider resigning from the board or taking his name out of consideration for the advisory position.
R1.4 A member shall give proper respect to any relationship that may exist between the member and the companies he or she represents.
Application for Rule 1.4
A1.4a. Society members frequently have contractual relationships with the company whose products they sell. Honoring the terms of these contracts and refraining from negative statements about such companies are examples of giving proper respect to the relationship. Note, however, the need to balance the requirements of Rule 1.4 with the duty to act in the best interests of the client.
R1.5 A member shall make and/or implement only those recommendations that are appropriate for the client and consistent with the client’s goals.
Applications for Rule 1.5
A1.5a. Compliance with Rule 1.5 requires the financial service professional to use his/her best efforts (1) to understand the client’s/prospect’s personal and financial background and experience; (2) to understand the client’s/prospect’s risk tolerance; and (3) to educate the client about the various options available to meet identified needs and goals. This may include utilizing a fact-finding and/or risk assessment tool, one-on-one educational/counselling sessions, showing relevant newspaper or magazine articles etc. to the client/prospect. In these circumstances, the financial service professional is cautioned against providing advice if he or she is not properly licensed or authorized to do so. See also Rule 2.2 and the Application A2.2a.
A1.5b. Appropriateness of the recommendation to the client’s needs must take precedence over any sales incentives available to the financial service professional, such as conventions, trips, bonuses, etc. For example, Andrew Lim needs to sell just one more policy to qualify for MDRT. He knows he can convince his best client to purchase additional insurance coverage even though Andrew knows the current coverage is more than adequate. If Andrew makes this sale, he has violated Rule 1.5.
R1.6 In the rendering of professional services to a client, a member has the duty to maintain the type and degree of professional independence that (a) is required of practitioners in the member’s occupation or (b), if more demanding, is otherwise in the public interest, given the specific nature of the service being rendered.
Application for Rule 1.6
A1.6a. The requirement of professional independence mandated by Rule 1.6 presents a special challenge for Society members who are contractually bound to sell the products of only one company, or a select group of companies. In such cases, the member must keep paramount his/her ethical duty to act in the best interests of the client, even if this means foregoing a sale.
CANON 2 Competence
A member shall continually improve his/her professional knowledge, skill, and competence.
Professionalism starts with technical competence. The knowledge and skills held by a professional are of a high level, difficult to attain, and, therefore, not held by the general public. Competence not only includes the initial acquisition of this specialized knowledge and skill, but also requires continued learning and practice.
R2.1 A member shall maintain and advance his/her knowledge in all areas of financial service in which he/she is engaged and shall participate in continuing education programmes throughout his/her career.
Application for Rule 2.1
- 1a. Compliance with Rule 2.1 requires, at a minimum, meeting any applicable continuing education standards set by licensing authorities, the Society of Financial Service Professionals (Singapore) and any other entity with appropriate authority over the member’s license(s) or other credentials.
R2.2 A member shall refrain from giving advice in areas beyond the member’s own expertise.
Applications for Rule 2.2
A2.2a. A member shall not give tax, legal, insurance, accounting, actuarial, investment, or other advice unless the member has professional training and is, where required, properly licensed in these areas. For example, to avoid the unauthorized practice of law, the financial service professional will clearly mark specimen legal documents as samples and inform the client that the documents should be reviewed by a practicing lawyer.
A2.2b. Angie Lee, ChFC, has a specialized financial planning practice that focuses on assisting clients with funding education for their children. When Angie’s long-time client and friend, Margaret, asks for help in managing the distribution of funds from her CPF account, Angie knows this is beyond her area of expertise, but she doesn’t want to let her friend down. Angie proceeds to recommend several investment options to Margaret, but neglects to take proper steps to assess Margaret’s risk tolerance. Angie has violated Rule 2.2.
CANON 3 Confidentiality
A member shall respect the confidentiality of any information entrusted to, or obtained in the course of, the member’s business or professional activities.
A financial service professional often gains access to client records and company information of a sensitive nature. Each Society member must maintain the highest level of confidentiality with regard to this information.
R3.1 A member shall respect and safeguard the confidentiality of sensitive client information obtained in the course of professional activities. A member shall not divulge such information without the specific consent of the client, unless disclosure of such information is required by law or is necessary in order to discharge legitimate professional duties.
Application for Rule 3.1
A3.1a. Examples of sensitive client information include, but are not limited to, medical data, information about financial status, bank account or credit card numbers, information about personal relationships, etc. In determining whether the information is sensitive, the Society member should take a cautious approach, and if in doubt, discuss the issue with the client.
R3.2 A member shall respect and safeguard the confidentiality of sensitive company/employer information obtained in the course of professional activities. A member shall not divulge such information without specific consent, unless disclosure of such information is required by law or is necessary in order to discharge legitimate professional duties.
R3.3 A member must ensure that confidentiality practices are established and maintained by staff members so that breaches of confidence are not the result of intentional or unintentional acts or omissions.
Application for Rule 3.3
A3.3a. A member who employs others who work with sensitive, confidential client information has the responsibility to train these employees in the handling of such information. These employees must be instructed that they will be held responsible for unauthorized disclosure of confidential data. For example, Judy Ang has set up detailed procedures for her staff to follow in safeguarding confidential client information. On three separate occasions, Judy overhead her office manager gossiping with friends about the size of Client X’s investment portfolio. Judy has not taken any action in regard to the office manager’s behaviour. Judy has violated Rule 3.3.
CANON 4 Integrity
A member shall provide professional services with integrity and shall place the client’s interests above his/her own.
Integrity involves honesty and trust. A professional’s honesty and candour should not be subordinate to personal gain or advantage. To be dishonest with others is to use them for one’s own purposes.
R4.1 A member shall avoid any conduct or activity that would cause unnecessary harm to others by:
- any act or omission of a dishonest, deceitful, or fraudulent nature or
- the pursuit of financial gain or other personal benefits that would interfere with the exercise of sound professional judgements and skills.
R4.2 A member shall establish and maintain dignified and honorable relationships with those he/she serves, with fellow practitioners, and with members of other professions.
Application for Rule 4.2
A4.2a. A member needs to be respectful in all dealings with another financial service professional in competitive engagements and avoid at all costs defamatory remarks to the client or other professionals. This does not mean a member cannot provide impartial factual information about a competitor. For example, in trying to help a friend make a decision about which health care policy to purchase, Joe Supramaniam, CLU, reviews the features of each contract and accurately notes that his competitor’s policy fails to provide coverage for home care. Joe recommends that his friend review this information with his agent.
R4.3 A member shall embrace and adhere to the spirit and letter of laws and regulations governing his/her business and professional activities. See also Rule 6.1.
R4.4 A member shall be truthful and candid in his/her professional communications with existing and prospective clients, and with the general public.
Applications for Rule 4.4
A4.4a. Financial service professionals will not use words or make statements in brochures or advertising materials or in any client communication that create false impressions or have the potential to mislead. For example, product salespersons should not refer to themselves as financial/estate planners/consultants, if they do not provide these services. Words such as deposits or contributions should not be used to describe life insurance premiums. Life insurance policies should not be referred to as retirement plans. Discussion of guaranteed performance should be avoided. Financial service professionals must avoid creating the impression that they represent a number of companies when they place business with only a few companies. (See also Rule 1.6.)
A4.4b. Candid communication is required when a client is acting or intends to act outside the law. In such cases, the member should terminate the professional relationship and seek the advice of appropriate advisers. For example, Lisa Goh, CLU, has been asked by her client to effect a transaction based on insider information. Lisa must immediately advise her client that insider trading is a violation of the law and could result in criminal charges. Lisa should also document what has happened; and if the client plans to proceed with the transaction, Lisa should terminate the relationship. Lisa should also consult her own legal advisers as to whether she has additional legal obligations under these circumstances. Lisa’s legal obligations will impact her ethical obligations.
R4.5. A member shall refrain from using an approved professional designation, degree, or credential in a false or misleading manner.
Application for Rule 4.5
A4.5a. A member must not use recognized professional designations in his/her company name, tagline, or brochures in a manner, which would be misleading. For example, John Wee, ChFC, and Associates is acceptable. John Wee and Associates, Chartered Financial Consultants is not because it creates the impression that everyone associated with the firm is a Chartered Financial Consultant. (See Rule 7.7 also.)
CANON 5 Diligence
A member shall act with patience, timeliness, and consistency in the fulfilment of his/her professional duties.
A professional works diligently. Knowledge and skill alone are not adequate. A professional must apply these attributes in a prompt and thorough manner in the service of others.
R5.1 A member shall act with competence and consistency in promptly discharging his/her responsibilities to clients, employers, principals, purchasers, and other users of the member’s services.
R5.2 A member shall make recommendations to clients, whether in writing or orally, only after sufficient professional evaluation and understanding of the client’s needs and goals. A member shall support any such recommendations with appropriate research and documentation.
R5.3 A member shall properly supervise subordinates with regard to their role in the delivery of financial services, and shall not condone conduct in violation of the ethical standards set forth in this Code of Professional Responsibility.
CANON 6 Professionalism
A member shall assist in raising professional standards in the financial services industry.
A member’s conduct in all matters shall reflect credit upon the financial services profession. A member has an obligation to cooperate with Society members, and other financial service professionals, to enhance and maintain the profession’s public image and to work together to improve the quality of services rendered.
R6.1 A member has the duty to know and abide by all relevant laws and regulations and all legal limitations pertaining to the member’s professional activities.
Application for Rule 6.1
A6.1a. The financial service profession is subject to laws and regulations in the areas of securities, insurance, banking, and unfair trade practices, among others. Society members must understand these laws and regulations and their applicability to their practices.
R6.2 A member shall support the development, improvement, and enforcement of such laws, regulations, and codes of ethical conduct that foster respect for the financial service professional and benefit the public.
Application for Rule 6.2
A6.2a. Suppose the authorities are contemplating a measure that would increase the regulatory burden on financial service professionals by requiring increased documentation of specific client transactions. There is firm evidence that enactment of this measure would substantially reduce the likelihood of clients being misled or confused about such transactions. Rule 6.2 would require Society members to support such a measure.
R6.3 A member shall show respect for other financial service professionals and related occupational groups by engaging in fair and honorable competitive practices; collegiality among members shall not impede enforcement of this Code.
R6.4 A member shall cooperate with regulatory authorities regarding investigations of any alleged violation of laws or regulations by a financial service professional.
CANON 7 Self-Regulation
A member shall assist in maintaining the integrity of the Society’s Code of Professional Responsibility and of the professional credentials held by all Society members.
Every professional has a responsibility to regulate himself or herself. As such, every Society member holds a duty of abiding by his/her professional code of ethics. In addition, Society members have a duty to facilitate the enforcement of this Code of Professional Responsibility.
R7.1 A member has the duty to know and abide by all rules of ethical and professional conduct prescribed in this Code of Professional Responsibility.
Application for Rule 7.1
A7.1a. Society members are advised to review the Code of Professional Responsibility at least annually.
R7.2 A member shall not sponsor as a candidate for Society membership any person known by the member to engage in business or professional practices that violate the rules of this Code of Professional Responsibility.
R7.3. A member shall not directly or indirectly condone any act by another member prohibited by this Code of Professional Responsibility.
Application for Rule 7.3
A7.3a. If requested, a Society member should serve on such committees, boards, or hearing panels as are prescribed by the Society for administration or enforcement of the Code of Professional Responsibility. A Society member is obligated to disqualify him/herself from such service if he/she cannot serve in a fair and impartial manner.
R7.4 A member shall immediately notify the Society if he/she is found in violation of any code of ethics to which he or she is subject and shall forward details to the Society.
R7.5 A member shall immediately notify the Society of any revocation or suspension of his/her license by a licensing authority or regulator and forward details to the Society.
Application for Rule 7.5
A7.5a. If, after due process, a Society member is judged to have violated the code of ethics of another organization, he/she should notify the Society and provide such detail as may be necessary.
R7.6 A member possessing unprivileged information concerning an alleged violation of this Code of Professional Responsibility shall report such information to the Society for it to investigate or act upon the alleged violation.
Applications for Rule 7.6
A7.6a. If a member believes that another member of the Society may have violated the Code of Professional Responsibility, the Society recommends, where feasible, that direct communication between the two members is the first step in addressing the problem.
A7.6b. The Society’s Code of Professional Responsibility places responsibility upon all members to report violations of this Code. (See also Rule 7.6.)
R7.7 A member shall report promptly to the Society any information concerning the unauthorized use of an approved designation, degree, or credential.
Application for Rule 7.7
A7.7a. The Society logo may be imprinted on business cards and stationery used exclusively by the person who is a Society member. (See also Rule 4.6.)