Jonah, a CFP® professional, believes his firm's proprietary bond fund is the best choice for his client Keiko. The firm pays Jonah a higher payout on proprietary funds than on outside funds. Which action BEST satisfies Jonah's Duty of Loyalty?
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Answer: C
Recommend a comparable outside fund instead, so that no conflict exists: Avoiding the conflict by recommending what he considers a second-best fund would put his own interests ahead of the client's best interest.
Rely on the firm's account agreement, which states that the firm "may receive additional compensation": Boilerplate does not give sufficiently specific facts for the client to give informed consent.
Disclose the higher payout and its possible effect, get Keiko's informed consent, and manage it: Correct. The Duty of Loyalty requires full disclosure of a Material Conflict of Interest with specific facts, the client's informed consent, and properly managing the conflict.
Recommend the fund but waive his extra payout on Keiko's purchase, so no disclosure is needed: Waiving his own payout reduces his personal conflict, but the firm still benefits from its proprietary fund, so that Material Conflict must still be disclosed and managed.
Duty of Loyalty: avoid, or fully disclose with specific facts and obtain informed consent, and then properly manage every Material Conflict of Interest.