UNSW Sydney · FACULTY OF FINANCE

FINS5510 Chap.6 Duties in Financial Advice

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Chapter 6 of 10 · FINS5510

Duties in Financial Advice

An ethical framework supplies reasons for judging an action as right or wrong. Client interest centres the effect of advice on the person receiving it. A conflict of interest can pull an adviser’s incentives away from the client’s interests. Informed consent requires understandable information before a client accepts an action. Professional accountability requires the adviser to explain and stand behind a decision.

Compliance means meeting applicable legal and professional requirements. In ethical financial advice, the planning decision asks how ethical framework interacts with compliance under the household constraint. A defensible advice record makes the reasoning inspectable. State the client facts, affected interests, conflict, applicable duties, alternative actions and foreseeable consequences before selecting an option.

Disclosure alone does not neutralise a conflict, so explain how the recommendation still centres the client and what safeguard is used. The record should also show what information the client needs to understand the trade-off and which change would require the judgement to be reconsidered.

In this chapter

What this chapter covers

  • 01

    Ethical frameworks, duties, client interests, professional conduct and compliance

  • 02

    What is legally permitted versus what is ethically justified

  • 03

    An ethical screen joins facts, stakeholders, duties, options, consequences and accountability

  • 04

    Name the conflict, centre the client, test more than one framework and document why the final action is defensible

  • 05

    Counter-case and sensitivity

  • 06

    Client perspective and review

Worked example · free

Document an adviser conflict

Q [5 marks]. Can a compliant recommendation still be unethical?
  • +1Ethical Framework: An ethical framework supplies reasons for judging an action as right or wrong.
  • +2A recommendation is tested in sequence: establish the client facts, identify affected parties, apply duties and ethical frameworks, compare consequences, disclose conflicts and record the reasoned decision. The mark allocation for this conflict record is not an official university scheme.
  • +2Client Interest changes the reading: name the conflict, centre the client, test more than one framework and document why the final action is defensible. Compliance supplies the counter-case or reopening signal.
A recommendation is tested in sequence: establish the client facts, identify affected parties, apply duties and ethical frameworks, compare consequences, disclose conflicts and record the reasoned decision. Compliance means meeting applicable legal and professional requirements. The governing relationship is “An ethical screen joins facts, stakeholders, duties, options, consequences and accountability”.
Sia tip — Name the conflict before comparing ethical frameworks and consequences.
Glossary

Key terms

Ethical Framework
An ethical framework supplies reasons for judging an action as right or wrong.
Client Interest
Client interest centres the effect of advice on the person receiving it.
Conflict of Interest
A conflict of interest can pull an adviser’s incentives away from the client’s interests.
Informed Consent
Informed consent requires understandable information before a client accepts an action.
Professional Accountability
Professional accountability requires the adviser to explain and stand behind a decision.
Compliance
Compliance means meeting applicable legal and professional requirements.
FAQ

Duties in Financial Advice FAQ

Can a compliant recommendation still be unethical?

For the advice duty, An ethical screen joins facts, stakeholders, duties, options, consequences and accountability An ethical framework supplies reasons for judging an action as right or wrong. With ethical framework defined, Show the relevant period and unit before interpreting the output.

What should an adviser disclose before a choice?

For the advice duty, Client interest centres the effect of advice on the person receiving it. With ethical framework defined, A conflict of interest can pull an adviser’s incentives away from the client’s interests. When client interest is reviewed, Together they explain why the apparent shortcut can give the wrong planning answer.

Why test more than one ethical framework?

For the advice duty, Informed consent requires understandable information before a client accepts an action. With ethical framework defined, The response is to name the conflict, centre the client, test more than one framework and document why the final action is defensible, then test a less favourable assumption before committing.

What makes a decision record defensible?

For the advice duty, Professional accountability requires the adviser to explain and stand behind a decision. With ethical framework defined, Compliance means meeting applicable legal and professional requirements. When client interest is reviewed, These ideas supply the implementation condition and the point at which the plan should be reopened.

Study strategy

Assessment move

An ethical framework supplies reasons for judging an action as right or wrong. Client interest centres the effect of advice on the person receiving it. A conflict of interest can pull an adviser’s incentives away from the client’s interests. Informed consent requires understandable information before a client accepts an action. Professional accountability requires the adviser to explain and stand behind a decision.

Compliance means meeting applicable legal and professional requirements. Name the conflict, centre the client, test more than one framework and document why the final action is defensible. Revise the unit by answering “Why test more than one ethical framework?” and then “What makes a decision record defensible?” without notes.

For real decisions involving ethical financial advice, verify current operational rules and obtain qualified advice where needed.

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