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financial advice occurs whenever there is a communication that reasonably would be viewed as a recommendation the client take a refrain from taking a particular action with respect to financial services it also includes the exercise of discretionary authority over a client account financial advice does not include general education or marketing materials it does not include directed orders taken from a client all financial planning constitutes financial advice but not all financial advice constitutes financial planning financial planning is a collaborative process that helps a client maximize his or her potential for meeting life goals through financial advice that integrates relevant elements of a clients personal and financial circumstances its the integration of the clients personal inclination to circumstances that rises financial advice to the level of financial planner expanding the fiduciary duty to apply to both financial planning and all financial advice will help eliminate