September
2004
Don't miss this
month's timely story ideas, direct dial phone numbers, and E-mail
addresses of these accessible experts!
INVESTMENTS
AND WEALTH MANAGEMENT
• A Tactically-Managed
Core Component Should be at the Heart of All Portfolios.
• Consider
Impact and Options Before Sale of Highly Appreciated Real Estate,
Not After.
BUSINESS
SUCCESSION
• Business
Continuity Trusts Are A Flexible Option That Can Make Business
Succession Planning Work for Multiple Partners.
PERSONAL
FINANCE/RETIREMENT
• Transfer
on Death (TOD) Accounts Very Useful for Bequests Between Unmarried
Partners.
• What
Japan Knows About Long Term Care Costs that the U.S. is Ignoring.
PRACTICE
MANAGEMENT
• Why High
Net Worth Clients Need Mortgage Planning.
• Variety
of Options Require Careful Scrutiny for Brokers Considering Career
Moves.
• What
to Expect from a Plan Provider's Relationship Managers.
• Managed
Account Platforms Offer Advisors Compliance, Marketing Help, and
the Ability to Build a Fee-Based Book in Today’s Hyper-Vigilant
World.
INVESTMENTS
AND WEALTH MANAGEMENT
A Tactically-Managed
Core Component Should be at the Heart of All Portfolios.
Don Beasley,
Portfolio Manager at PMFM, Inc., Athens, Georgia, explains why
a tactically-managed core component should be at the heart of a
strategic asset allocation in all portfolios.
Q: Why consider a tactical asset manager as a core component in
a strategic portfolio?
A: Our tactical strategy seeks to participate in gains when stock market
conditions are good, and reduces exposure to the stock market when conditions
are poor. This strategy has a strong emphasis on controlling portfolio
risk, an objective to which the vast majority of investors can and should
relate.
Q: How will market volatility impact your core tactical strategy?
A: We believe the best investing decisions are made objectively
and in reaction to observable market conditions, rather than making
decisions emotionally or based on predictions about the stock market.
We don't buy individual stocks, but rather funds that buy many
individual stocks. Our proprietary
model uses a combination of technical market indicators to provide an objective
assessment of the stock market's behavior under a wide variety of economic
conditions. We gradually increase or decrease equity exposure based on
our model's determination of the risk level currently present in
the equity market. Our
goal is to reduce exposure during declines and limit investment risk.
Q. Why do you focus on technical rather than fundamental analysis?
A: We have created an investment model that focuses on the factors
that we believe drive returns the most. While many investment
managers make decisions based on fundamental factors, such as
earnings growth rates and P/E ratios, research that shows that
80% of the price movement of any security is caused by the direction
of the overall market or the direction of the security's sector*.
We do not focus on the 20% of stock price movement caused by "underlying
fundamentals" or actual management at an individual company. In
other words, it is more important to understand general equity market
conditions than to focus on the attributes of individual stocks.
*Benjamin F. King, Doctoral Dissertation, University of Chicago,
1961-1962, which formed much of the basis for relative strength technical
analysis.
Q: What kinds of investments do you use to implement this tactical
strategy?
A: Our investment decisions are implemented through pooled investment
vehicles, such as open-end mutual funds and exchange traded funds
(ETFs), which are typically diversified among dozens or even hundreds
of stocks. By using these pooled investment vehicles we are able
to react quicker to equity market trends. The primary distinction
between our investment strategies is the speed at which we increase
and decrease exposure to the market. For example, in our most conservative
portfolios, more of the indicators in our model must be in favor
for us to enter the market, and we are quicker to reduce exposure
as market conditions deteriorate. Alternatively, in our growth models,
we are willing to give the stock market a longer leash.
Q: Why are ETFs so important to your tactical investing approach?
A: The market's continuing evolution has now produced a better
tool for a tactical asset allocation strategy. Exchange Traded
Funds (ETFs), offer a powerful combination of diversification,
low cost and liquidity that is superior to that of traditional,
no-load mutual funds. While no-load funds can only be purchased
and sold as of the market close for the day, ETFs are priced
continuously and can be bought or sold throughout the day. ETF's
are available in a wide variety of baskets, including groupings
by nations, sector, index, capitalization, duration and others.
There is no concern whatever about style drift because ETFs are
not actively managed and merely replicate a segment of the market.
PMFM, Inc.,
Athens, Georgia, is a registered investment advisory firm offering
separate account management services, proprietary mutual funds,
and is the advisor to 401k Toolbox. PMFM's Toolbox service was
recently named "Advice Provider of the Year" by Defined
Contribution News, a national trade publication. Principals
are Tim Chapman and Don Beasley and they can be reached at 800-222-7636,
dbeasley@pmfm.com.
Consider
Impact and Options Before Sale of Highly Appreciated Real Estate,
Not After.
Many families
are not exposed to alternative strategies for selling highly appreciated
real estate because each of their trusted advisors' limits their
advice to specific specialties. This can result in great financial
loss to a family's net worth. Options available when a property
must be sold can include tax savings, controlling and directing
the assets, and enhancing a family's charitable efforts.
Take this case
study. A successful engineer, Mr. Galvin, with a $7 million portfolio
was ready to sell a multi-family rental property for $825,000 using
a 1031 exchange into a Tenants-In-Common (TIC) real estate limited
partnership found in the Wall Street Journal. He had a stock broker
and an attorney, and had been a very successful and smart investor,
but knew nothing about his alternatives when it came to real estate.
Galvin wanted to rid himself of both the rental manager responsibilities
and liability from tenants. Here are five options from his financial
advisor that the engineer considered: a charitable remainder trust,
a charitable gift annuity, a private annuity, a 1031 exchange to
a single family rental property with management, and a 1031 exchange
to a TIC.
The TIC would
get Mr. Galvin out of the rental management business, but came
with large, upfront expenses, modest income, a lack of liquidity,
and a possibility of investment loss through risk of tenant bankruptcy.
Armed with information from his financial advisor, discussed at
length, Galvin passed on the TIC, a charitable gift annuity, the
private annuity, the 1031 exchange to a single family rental with
management, and settled on the charitable remainder trust as best
fitting his income and estate planning requirements.
Before the
sale, Galvin titled the rental property to the charitable remainder
trust (CRT). When the sale was completed, he had the entire universe
of investment products including REITS if he wants to stick with
real estate as part of his asset allocation, at his disposal for
investments within the CRT. Lump sum taxes of $160,000 are avoided
because the sale of assets will be inside the trust. The CRT throws
off 8% income a year, about half is taxable at the capital gains
rate upon time of receipt of income, and half is taxed as ordinary
income (based on the owner's cost basis.). This is more income
than he would have received from the TIC with greater safety assuming
he continues doing well in his long term investing practices. He
has total control, because he is entirely in charge of this investment.
The tax code
allows significant tax deductions ($147,000 spread over six years)
because the assets are in a charitable remainder trust. In Galvin's
and his wife's lifetime, nothing goes to charity. All the income
and control is retained for their lifetime. When the Galvin's die,
the value of the CRT goes to the Galvin Family Foundation, headed
by the Galvins' daughter, which is required to distribute 5% a
year or more (in fact, it could be the entire amount) to non-profit
organizations in perpetuity.
Left in his
estate and not titled to a CRT, the rental property would have
been assessed a 50% death tax. This planning and the creation of
several additional trusts have reduced the daughter's tax liability
on the estate from $1.9 million to $1.5 million.
In summary,
every family has at least six options when selling highly appreciated
real estate, including pay the full tax immediately, 1031 to another
property or properties, 1031 to a tenants-in-common partnership,
charitable gift annuity, charitable remainder trust, and a private
annuity. Only an informed family can make the best decision for
the option that is best for them.
If you have
highly appreciated real estate and are interested in selling, find
an advisor who can take you through each of the many alternatives
to a direct sale, protecting you from unnecessary capital gains
that serve only to lower your family's net worth.
Pearson
Financial Services, Dennis, MA, is the author of "The Million
Dollar Gift: Dynasty Trusts. Why Leave Your Assets Any Other
Way", written for his clients, their families, and his own
family. He offers a fully integrated wealth management process,
incorporating investment, retirement, financial and estate planning
specialists under one roof, serving clients as their family's
office, designing and implementing strategies to protect and
distribute their wealth and highly appreciated property. Seth
Pearson, CFP 800-385-7925
BUSINESS
SUCCESSION
Business
Continuity Trusts Are A Flexible Option That Can Make Business
Succession Planning Work for Multiple Partners.
There are multiple options in business succession planning that protect families
of business partners. Principals in successful family-held businesses should
revisit the structures they have created to protect their families after their
death. The traditional buy/sell agreements still recommended and implemented
for companies with multiple partners create difficulties not foreseen by business
owners and certainly not by their families. This traditional approach can miss
the simple issue of fairness when the value of any insurance funding the buy/sell
agreement and the value of the business together create vastly different estates
for the widow and children of the first, second and last to die.
In one example,
three brothers with no assets arrived from England and proceeded
to build a company that was recently appraised for $30 million.
Unfortunately in rapid succession, each died. They thought their
families would be given a fair and equitable split because of the
buy/sell they had entered into and adjusted over the years.
The buy sell
was funded with large life insurance policies on each partner,
a wise financial decision. The first widow received the proceeds
of a $10 million policy for the husband's one-third interest in
the business.
The second
brother passed away not long after the first. The second brothers
estate wound up splitting the $30 million business 50/50 with his
remaining brother, giving the second brother's widow $15 million
of which $10 million was backed by insured. The business was going
to pay the $5 million difference to the spouse of the second brother
over five years. This would have been potentially painful for the
last brother, now the sole owner, because the required payouts
to the second widow would have cramped the business cash flow.
When the third brother died six months later, his widow wound up
selling the business within one year for $35 million. In addition
she received the $10 million insurance policy that had funded her
husband's portion of the buy/sell agreement. This "tontine" effect
in essence provided the last to die brother's family more than
four times more in the final settlement than the first brother.
This result has set each family member against the other.
A strategy
to protect a more appropriate percentage of the "true" value
of the business for each family could have been accomplished. In
one example, had the brothers chosen a Business Continuity Trust
(BCT), attached to a shareholders' agreement, a more appropriate
result could have been possible. The brothers could have determined
what values they would accept for their families, even without
being able to predict who might leave first, die first, or become
disabled. Alternative methods and valuation approaches could better
reflect the time, effort and sweat equity that the partners contributed
to their successful business enterprise. Some partners may want
family members to retain a stake in all forward growth of the company.
Next time you
are approached with a "plain Vanilla" buy/sell agreement
to protect your family's legacy, get a second opinion. Proper financial
counseling from an expert in flexible solutions to business succession
strategies can assure that the intentions of you and your partners
are being met.
Gary K. Hager,
CFP, Founder and President, Integrated Wealth Management, Edison,
New Jersey, a full service wealth advisory firm, serves as the
primary financial resource for affluent families and closely-held
business owners, providing state of the art planning solutions
which effectively integrate the disciplines of Wealth Accumulation
and Wealth Preservation.
Contact:ghager@iwmco.com, 732-510-1611
PERSONAL
FINANCE/RETIREMENT
Transfer
on Death (TOD) Accounts Very Useful for Bequests Between Unmarried
Partners.
When one person
in a couple wants a partner to receive the proceeds of an investment
account in the event of death, look at transfer on death accounts
(TOD). Assume the owner of the assets was not comfortable with
the potential gift tax consequences or loss of control that would
occur if he were to add his partner to the title and create a joint
account. Consider this no-cost solution: title the the account "transfer
on death" (TOD).
TOD accounts
are commonplace in banks and brokerage firms. They are very useful
when the account owner wants to retain control of the assets during
his/her lifetime but wishes to pass the assets to a person outside
of the will. A financial advisor can, in essence, add a beneficiary
to a regular account, just as can be done for an IRA. However,
since the assets pass outside of the will, the transfer cannot
be contested by family members.
The TOD account
will be treated as part of the decedent's estate and potential
estate taxes will be due at the time of the donor's death, but
not gift taxes. The beneficiary receives the assets just as they
would a bequest at the time of death, and will not be required
to pay income taxes upon receipt of the bequest. Once the beneficiary
shows proof of death, they will have immediate access to the money.
The TOD account
will be treated as part of the decedent's estate and potential
estate taxes will be due at the time of the donor's death, but
not gift taxes. The beneficiary receives the assets just as they
would a bequest at the time of death, and will not be required
to pay income taxes upon receipt of the bequest. Once the beneficiary
shows proof of death, they will have immediate access to the money.
TOD eliminates
the need to transfer the assets as a gift which may trigger a gift
tax depending on whether the giver has used up his/her $1 million
exemption.
Debra Neiman,
CFP®, Neiman & Associates Financial Services, LLC., Watertown,
Mass., provides financial planning and investment management
services for individuals and families, both traditional and non-traditional. 617-744-1816 deb@neimanonline.com.
What Japan
Knows About Long Term Care Costs that the U.S. is Ignoring.
Commentators
often describe Social Security reform as the "third rail" of
U.S. politics: so dangerous that not even the most respected, seasoned,
popular politician will touch it. In fact, the true third rail
issue may be long-term care. Despite the fact that the funding
of long-term care is as important a topic as social security reform,
there's been virtually no debate about the topic. That's not true
in every country. Funding long-term care is an area where some
other societies outpace the US. Japan, for example, requires
worker to pay into a long-term-care funding program.
In April 2000,
Japan imposed a national LTCI premium tax on all workers age 40+.
Like the social security payroll tax in the US, Fifty percent of
the cost is paid by the worker, and 50% by the employer. The cost
of Japan's LTCI program is projected to rise sharply. That's why
the Japanese Ministry of Health, Labour & Welfare has released
a proposal to change the program. Among other changes, the reform
would drop the age on mandatory enrollment from 40 to 20. Supporters
believe this needs to be done right away to avoid the collapse
of the system.
The problem
of funding LTC for aging populations is a challenge as life spans
increase around the globe. As U.S. baby boomers hurtle toward retirement,
the problem is clear: there is no government program to pay for
LTC and less than 10% of boomers and their parents have purchased
individual LTCI coverage. Experts report that the U.S. Congress
has no appetite for a Medicare-like program that would pay for
LTC for all citizens. American baby boomers counting on a government
solution need to know there is no plan in the works. Their lifestyle
and financial security can only be assured by doing their own personal
planning. Whether LTC is paid for by private funds, LTCI or government
programs, there is no free long term care available, and in this
country, no debate or discussion about a tax to cover these costs.
Marilee
Driscoll, President, Long Term Care Learning Institute, 508)
641-9393, Plymouth, Mass., www.ltc123.com,
author of "The Complete Idiot's Guide to Long Term Care
Planning," is the nation's leading consumer authority on
strategies to pay for long term care. She is President
of the Long Term Care Learning Institute.
PRACTICE
MANAGEMENT
Why High
Net Worth Clients Need Mortgage Planning
It is important
for financial advisors to approach their clients' real estate investments
(primary, secondary, and investment-grade) as a significant asset
that needs managing. Unfortunately, too many advisors look at clients
with mortgage-free properties as a "done deal," and pay
little attention to the real estate and mortgage side of the clients’ balance
sheet as too “unimportant”. If a high net worth client
came to an advisor with $3,000,000 of cash that they have hiding
under their mattress because they feel “more comfortable” with
that money sitting there, no advisor would simply ignore those
assets as being too “unimportant” for them to manage.
In fact, the advisor would educate the client about inflation and
the time value of money and make a strong case for the client to
place those funds under management.
Yet, when faced
with a similar $3,000,000 of real estate equity, many financial
advisors who work with high net worth clients simply ignore this
wealth as being too “unimportant” to manage. They don’t
recognize the importance of educating clients on the effects of
inflation, leverage, the time value of money and estate planning
issues that impact the clients’ real estate equity. Here
are five examples of how advisors can increase their competitive
advantage and better serve their high net worth clients by managing
real estate equity:
1. Doctors
and business owners facing succession issues can transfer and re-allocate
real estate assets in order to generate immediate cash, maintain
positive cash flow through retirement and make their business easier
to sell.
2. Clients with real estate investments can experience much greater
tax advantages and double their rates of return by using proper financing
strategies. Even as it is unwise and risky for clients to hold a
large percentage of their investments in one stock, it is also unwise
and risky for clients to hold all their real estate equity in one
or two properties. It is a better diversification strategy for clients
to have some equity in many properties vs. all their equity in one
property.
3. Clients facing divorce issues can use cash-out mortgages to
buy out their ex-spouses in lieu of liquidating assets and incurring
large tax liabilities. Furthermore, clients can maintain their lifestyle
after divorce through the use of certain mortgage planning strategies.
4. Clients who face long term care needs, and clients who can benefit
by investing in sophisticated structured life insurance contracts
can use reverse mortgages, home equity lines of credit and interest
only mortgages as a tool to fund these needs.
5. Charitable Remainder Trusts – clients can transfer their
real estate equity to charitable remainder trusts and draw income
from the trust to make the mortgage payments and fund a life policy
that pays off the mortgage upon their death.
Real estate equity is too important a part of net worth for advisors
to leave it unattended.
Gibran Nicholas
is the President and founder of Nicholas & Co. Mortgage Planning
Solutions, a mortgage lender and broker based in Ann Arbor, MI.
He offers a 90-minute online workshop entitled "Advanced
Mortgage Planning for High Net Worth Clients" that discusses
these strategies in further detail. He has developed the ARM
Planner™ Marketing Kit, and online workshops, to better
assist mortgage originators in increasing their profitability
with real estate investors and financial advisors. Go to http://www.ARMPlanner.com;
Phone: 888-608-9800
Variety of
Options Require Careful Scrutiny for Brokers Considering Career
Moves.
Many wirehouse
brokers dream of being on their own, but the hurdles of managing “everything” keep
them from investigating alternatives that come close to independence
without requiring a second career in broker/dealer management.
When you choose to go the independent route, in addition to increased
management duties, you get a significantly higher payout, but you
are paying your own expenses. By the time you subtract the costs
of keeping the doors open, you are not always making more than
if you went to a regional or boutique firm that offers higher payouts,
more flexibility and autonomy, and greater entrepreneurial spirit.
Firms such
as Wachovia and Raymond James offer an alternative on the continuum
of options, allowing quasi-independence. Wachovia calls this program “Profit
Formula,” Raymond James calls it “Advisor Select.” Under
both programs, the broker is still a W-2 employee, but the broker/dealer
handles human resources, payroll, technology, and administrative
support functions associated with operating an independent branch.
The broker controls his own profit and loss bottom line.
If you are
looking for more autonomy, here is the list of questions you can
ask to discern whether the alternative route you are considering
will get you closer to the ideal working situation -- to the independence
you crave.
Payout and
Structure
o What will be your payout?
o Can you form your own RIA?
o Will there be onerous compliance procedures that you will need to follow?
o Does the new broker/dealer have deferred compensation plans and benefit plans
such as you are used to having?
Product and Services
o Is the suite of product, services and technology available, up
to par with your existing firm?
o Will you have the freedom to handle client insurance needs, such as long
term care, whole life, disability?
o Can you sell alternative investments or establish your own fund of funds?
o Is open architecture available in product choices?
Hybrid Books
o Will you have the ability to maintain a hybrid book of business,
keeping both retail and mid-market institutional accounts complete
with retail payout for both types of business?
o Will you have the ability to grow your institutional accounts or are
the accounts you have already covered by other firm brokers?
Management
o Does the new management have a brokerage background and credentials
making them like-minded about easing the restrictions and lack of flexibility
known at wirehouses?
o How much accessibility will you have to top management and firm leadership?
Brokers looking for a change should consider all sides to the issue.
Not until you clearly understand the pros and cons of going independent,
or joining a regional or brokerage firm, can you be sure you are choosing
a career path that will allow you to grow and prosper.
Mindy Diamond
is President of Diamond Consultants, a Chester, New Jersey-based
search firm specializing in recruiting wirehouse and regional
firm brokers with trailing 12-month's production between $200,000
and $5 million. Her column “Career Moves” appears
monthly in Registered Rep Magazine. Her firm assists these financial
consultants in evaluating opportunities in the industry and introduces
them to other wirehouses, regional firms, banks, or independent
broker-dealers. Mindy can be reached at 908-879-1002, or mdiamond@diamondrecruiter.com.
What to Expect
from a Plan Provider's Relationship Managers.
Here's the question
to make certain you ask the sales person who wants your retirement
plan business: "Who will be my Relationship Manager and how
soon will we meet them?"
The relationship
manager's job is to create a seamless interface for you with their
company, helping you and your participants access the expertise
you need at the Plan Provider. They will be instrumental in helping
you set up your new plan or convert from a previous provider. Working
with a checklist and timeline schedule, and chosen to meet your
specific plan's needs, the relationship managers oversee an orderly
process that covers every detail of implementation of the plan
you have chosen. Often, there is a less formal meeting following
the final sales presentation, when the plan sponsor meets with
the provider they wish to choose. The purpose is for the plan sponsor
to be able to ask follow up, detailed questions.
Your goal,
as the plan provider, is to outsource as much of the plan administration
as possible. Relationship managers quarterback many of the different
services that are required to create an excellent retirement plan.
If your plan provider is a "bundled" provider, making
available, in-house, all of your administration and record keeping,
it is the relationship manager who is your ombudsman -- the person
at your plan provider who is responsible for the management of
your plan. The areas where your relationship manager will take
the lead include customization, education and communication, removing
the administrative burden, follow up and helping your plan committee
manage compliance issues.
The relationship
managers are problem solvers and question answerers, your first
line of support at the plan provider for providing hassle-free
services to your employees. They believe that there can never be
too many questions. They understand what it take to make your plan
effective and efficient for your company and your participants,
the end users.
ABN AMRO
Asset Management has multiple options for 401(k) plan participants
who want assistance with how to invest their savings. ABN AMRO
Asset Management an enviable and long history in investment management
in the U.S. since 1887. Formerly known as Chicago Trust, ABN
AMRO Retirement Services has managed retirement assets since
1947 and has been active in the defined contribution business
for 21 years. Mark Metz, Director, Sales & Marketing,
Retirement Plan Services Group, ABN AMRO - 312-884-2578. Mark.Metz@abnamroUSA.com
Managed Account
Platforms Offer Advisors Compliance, Marketing Help, and the
Ability to Build a Fee-Based Book in Today’s Hyper-Vigilant
World.
In an environment
that harshly penalizes both the advisors and their institutions
for irregularities, selling from a managed account platform provides
three key benefits: a source of recurring, fee-based income, compliance
assistance, and the ability to build a desirable book for career
moves. A broker should, according to recruiters, ideally have a
book of business that is close to 40% fee-based, and at a minimum,
30%.*
Managed account
platforms offering diagnostic and strategy proposal tools can help
advisors meet important suitability requirements. When advisors
begin the process of evaluating client portfolios to prepare an
investment strategy, they can tap into the platform's diagnostic
analysis tool. This tool is driven by models and data within the
platform, and enables advisors to immediately pinpoint potential
issues with their client's portfolio.
Client investment
strategies are based upon the diagnostic analysis results, and
will fit certain parameters designed into the advisor's managed
account platform. These parameters were created by the investment
expertise of the professionals behind the platform and are appropriate
to the stated risk levels and goals of the clients. If clients
insist on a non-diversified portfolio, advisors will have easy
access to a form stating specifically that the client is overriding
the advisor's recommendations. In addition, advisors using managed
account platforms will be specifically guided through new client
documentation requirements.
The process
of moving a client from a typical transactional relationship to
a fee-based relationship (clearly required for the best career
moves) is based on the advisor's ability to consult with clients
versus spending an inordinate amount of time on processing paper
work. As a result, premiere web-based Managed Account platforms
create, store, and retrieve important documents, which both saves
advisors time and helps them meet their regulatory requirements.
Managed account
platforms also help advisors with practice management and marketing.
Many advisors fear that new, stricter regulations governing disclosure
requirements will translate to less communication with their clients.
Managed account platforms can help advisors overcome this hurdle
by providing pre-cleared client communications and marketing
materials in less time and for little or no cost to the advisors.
* Mindy Diamond, Diamond Consulting, Chester, N.J.,
says that brokers negotiating career moves must have a minimum of
a 30% fee-based book, with a preferred 40% fee-based book, to be
considered for the best transition packages when moving to a new
firm.
FundQuest is the leading provider of customized
Web-based managed account platforms for financial institutions
interested in moving their representatives from commission-based
to fee-based product sales. For more information, call Belen Wieler,
Director of Marketing, 617-406-2109.
BACK TO TOP
|