FIDUCIARY PRINCIPLES AND APPLICATIONS - 9%
|
Understand and articulate fiduciary principles |
Knowledge of:
-
What it means to be a fiduciary
-
Different fiduciary standards – ’40 act, reg bi, Uniform Trust Code
-
Fiduciary standard vs. Suitability standard (moved from ethics section)
-
The prudent investor rule
-
OCC Reg 12 CFR 9
|
Understand and articulate fiduciary responsibilities |
Knowledge of:
-
Powers
-
Duties
-
Uniform Acts/Codes
-
Safekeeping of Assets
-
Environmental Issues
-
Accountability – Who assumes/is ascribed fiduciary responsibility
|
Identify and interpret duties related to legal structure. |
Knowledge of:
-
Different legal entity types commonly used to hold assets – Trust, LLC, LLP, IRA, TIC, JTWROS, SOLE PROPRIETORSHIP
-
How different legal entity structures align to meet client’s objectives
-
How to identify structural challenges/conflicts
-
Asset location (taxable, tax deferred) and how it informs asset allocation
|
INTEGRATED PLANNING AND ADVICE (FINANCIAL AND TAX) - 28%
|
Develop a financial plan and/or investment selection. |
Knowledge of:
-
Goals
-
Time horizon
-
Risk tolerance
-
Income sources
-
Review of a client’s tax return
-
Net worth
-
Educational planning
-
Cash flow analysis
-
Budget
-
Insurance types and usage
-
Debt management
|
Identify and interpret types of ownership interests. |
Knowledge of:
-
Powers of appointment
-
Types of joint ownership
- Joint tenancy with right of survivorship (JTWROS)
- Tenancy in common (TIC)
- Tenancy by entirety (TBE)
-
Controlling document
- Beneficiary designations
- Transfer on death (TOD)/payable on death (POD)
-
Community property versus separate property
|
Educate clients in regard to estate planning. |
Knowledge of:
-
Current client goals
-
Probate versus non-probate assets
-
Powers of appointment
-
Incapacity
-
Disclaimers
-
Gifting techniques for trust and individuals to optimize transfer tax planning
-
Planning and administering for clients with special needs
-
Philanthropic intent and options to optimize transfer tax planning
-
Digital assets
-
Modeling an estate plan flow with terms and dollar calculations
-
Knowledge of estate and gift tax limits and unused exemptions
-
Business succession planning
-
Educational planning
|
Consult and implement retirement strategies. |
Knowledge of:
-
Types of IRA accounts
-
Qualified versus non-qualified plans
-
Social Security
-
Medicare/Medicaid
-
Employee stock ownership plans (ESOPs)
-
Net unrealized appreciation (NUA)
|
Educate clients regarding the use of insurance to mitigate risk. |
Knowledge of:
-
Life insurance
-
Health insurance
-
Property and casualty insurance
-
Homeowner’s insurance
-
Disability insurance
-
Long-term care insurance
-
Umbrella insurance
-
Malpractice insurance
|
Analyze and interpret income tax reporting. |
Knowledge of:
-
Individual income tax
-
Fiduciary tax
-
Foundations, charitable trusts and split interest trusts tax
-
Business tax (LLC, LLP, FLP, S Corp, C Corp)
-
Foreign tax reporting requirements
|
Identify, communicate, and apply generation-skipping transfer tax (GSTT). |
Knowledge of:
-
Skip persons/trusts
-
GSTT
-
Taxable distributions
-
Taxable termination
-
Planning strategy
|
Understand and explain fiduciary income tax. |
Knowledge of:
-
Simple versus complex
-
Grantor trusts
-
Fiscal and calendar year end filings
-
Distributable net income (DNI)
-
65-day rule
-
645 election
-
Right of withdrawal power
-
Treatment of capital gains
-
Foreign tax withholding
|
Understand and apply knowledge of federal estate and gift tax. |
Knowledge of:
-
Determine taxable estate assets
-
Estate tax
-
Marital and charitable deductions
-
Portability
-
Payment of taxes
-
Gift tax exclusion
-
Potential difference between federal and state transfer taxes
|
Coordinate distributions from retirement vehicles. |
Knowledge of:
-
Required minimum distributions
-
Ability to withdraw
-
Penalties for early withdrawals
-
Rollovers
-
Qualified charitable distribution (QCD)
|
ASSET MANAGEMENT – INTERACTION OF ALL ASSET TYPES - 19%
|
Profile and understand a client’s risk appetite. |
Knowledge of:
-
Inquiry/profiling techniques to learn about the client, their financial resources and all relevant assets
-
Risk dimensions (market risk, liquidity risk, concentration risk, credit risk, reinvestment risk, inflation risk, time horizon risk) and client’s appetite for risks
|
Recommend an appropriate investment strategy based on goals and objectives. |
Knowledge of:
-
Asset allocation and asset location (taxable, tax-deferred structures)
-
Prudent investor rule
-
Concentration of assets
-
Time horizon
-
Client needs
-
Trust provisions
-
Risk tolerance
-
Current and remainder beneficiary needs
-
Tax considerations
|
Measure, compare, and communicate investment performance for clients. |
Knowledge of:
-
Time-weighted versus dollar-weighted
-
Risk adjusted
-
Benchmarks and indices
|
Identify economic and market outlook concepts. |
Knowledge of:
-
Monetary policy
-
Government fiscal policy
-
Inflation
-
Interest rates
-
Gross domestic product
-
International currency/assets/markets
-
Economic cycles
|
Implement multi-asset class investment strategy. |
Knowledge of:
-
Equities
-
Fixed income
-
Convertible securities
-
Mutual funds
-
Closely held businesses
-
Real estate and farms
-
International assets
-
Master limited partnerships
-
Stock options
-
ETFs
-
Oil, gas, and minerals
-
Commodities
-
Currencies
-
Precious metals
-
Prohibited Industries
-
Alternative investments
-
Environmental, social and governance (ESG)
|
Create and manage portfolios. |
Knowledge of:
-
Modern portfolio theory
-
Equity investment management approaches
-
Fixed income investment management approaches
-
Hedging strategies
-
Tax efficient management
|
ADMINISTRATION OF TRUST ACCOUNTS - 16%
|
Review nature and characteristics of legal entity structure and account capacity. |
Knowledge of:
-
Trusts
-
Estates
-
Guardianships/conservatorships
-
Custodians
-
Agencies
|
Review and interpret trust provisions. |
Knowledge of:
-
Trust interests (current, remainder, vested)
-
Understanding beneficiary financial situation
-
Right to statements and copy of trust agreement
-
Mandatory and discretionary distributions (full versus limited)
-
Ascertainable standards (HEMS)
-
Power to adjust
-
Uniform Trust Code (UTC)
-
Rights of withdrawal
-
Crummey powers
-
Unitrust and annuity calculations
-
Final distributions and settlement
|
Classify transactions using principal and income accounting. |
Knowledge of:
-
Fee calculation and allocation
-
Real estate income and expenses
-
Income (interest, royalty, rental), dividends, and capital gains
-
Taxes
-
Additional expenses
-
Governing document versus statutory guidelines
-
Distribution criteria (from income, principal, P&I)
|
Determine roles and fiduciary responsibilities. |
Knowledge of:
-
Trustee’s duties and powers
-
Financial power of attorney
-
Grantor powers
-
Directed Trustee
-
Trust protector
-
Power to decant/reform
|
Apply and administer common types of trusts. |
Knowledge of:
-
Revocable trusts
-
Irrevocable trusts
-
Marital trusts (Examples for Internal Blueprint Only: QTIP/SLAT/Q-DOT)
-
Irrevocable life insurance trusts (Examples for Internal Blueprint Only: ILIT)
-
Split interest trusts (Examples for Internal Blueprint Only: GRIT/GRAT/GRUT)
-
Charitable interest trusts (Examples for Internal Blueprint Only: CRUT/CRAT/CLAT/CLUT)
-
Intentionally defective trusts (Examples for Internal Blueprint Only: IDGT/BDIT)
-
Qualified personal residence trusts (Example for Internal Blueprint Only: QPRT)
-
Pet trusts
-
Blind trust
-
Silent trusts
-
Dynasty trust
-
Special needs/supplemental needs trusts
-
Other legal entity structures holding assets (LLC, LLP, corporation, partnerships)
|
RISK/COMPLIANCE MANAGEMENT - 15%
|
Maintain compliance with Bank Secrecy Act (BSA)/Anti-Money Laundering (AML). |
Knowledge of:
-
Source of funds
-
Identity of beneficial owners, beneficiaries, and other interested parties
-
Expected transactions as they relate to all interested parties
-
BSA
-
AML
-
Suspicious Activity Reports (SAR)
|
Execute the pre-acceptance process to eliminate potential risk. |
Knowledge of:
-
Your client (KYC)
-
OFAC
-
Capacity
-
Due diligence
-
Enhanced due diligence situations
-
Foreign clients and beneficiaries
-
Unique assets
-
Concentrated assets
-
Environmental site assessment and compliance with Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
|
Review and remediate overdrafts. |
Knowledge of:
-
Principal and income accounting
-
Uniform Principal and Income Act (UPIA)
-
Unauthorized loans (e.g., Regulation O)
|
Perform administrative reviews pursuant to internal policies or external regulations. |
Knowledge of:
-
Regulation 9
-
Internal policies
-
Asset allocation in alignment with investment policy statement
|
Apply the formal requisites of establishing a fiduciary account. |
Knowledge of:
-
Written agreements
-
Trust Situs
-
Governing law
-
Resignation/acceptance
|
ETHICS - 6%
|
Comprehend and articulate fiduciary responsibilities. |
Knowledge of:
-
Duty of loyalty
-
Duty to inform
-
Duty of impartiality
-
Duty to account
-
Breach of trust and personal liability
-
Confidentiality
-
Privacy
-
Undue influence
-
Disclosure of compensation
|
Recognize the signs of financial and elder abuse and how and when to report. |
Knowledge of:
-
Definition of elderly and vulnerable adults
-
Change in client behavior
-
Client competence/ capacity
|
Clarify the limits of capacity to advise. |
Knowledge of:
-
Unauthorized practice of law
-
Limitation of tax advice
|
Identify, disclose, and/or avoid potential conflicts of interest. |
Knowledge of:
-
Self-dealing
-
Gifts to and from clients and vendors
-
Business solicitation
-
Compensation arrangements
-
Related parties and affiliates
-
Proprietary investments
|
Adhere to investment regulatory requirements. |
Knowledge of:
-
Insider information
-
Equal treatment of accounts
-
Directed brokerage
-
Disclosures
-
Prudent investor standards
-
Control person
|
RELATIONSHIP MANAGEMENT - 7%
|
Summarize and document the client relationship. |
Knowledge of:
-
Family dynamics and extended relationships of clients
-
Family tree
-
Related parties
-
Other trusted advisors and designations
-
Differing beneficial interests
-
Cash needs versus wants and balancing interests
-
Overall relationship net worth
-
Alternate solutions
|
Manage client expectations. |
Knowledge of:
-
Document limitation
-
Monte Carlo simulations – cash needs and projections
-
Communication preferences and frequency
-
Timing of deliverables
-
Tax reporting
-
Capacity and role
-
Behavioral finance
|
Evaluate and develop new business. |
Knowledge of:
-
Asset retention strategies
-
Developing relationships with internal/external partners or professionals
-
Strategies to encourage referrals
|