PANC 2016: The Importance of Succession Planning

Research shows fewer than one-third of adviser firms have defined a formal plan in the case of an unexpected death or disability.

Most adviser firms wait until something happens to determine business succession, Jason Chepenik, managing partner at Chepenik Financial, noted during a panel at the 2016 PLANADVISER National Conference. “There’s no time to plan, and shareholders have to come up with money quickly,” he said.

“For advisers, their practice is their biggest asset, so it is important to have a succession plan already in place,” added Troy Hammond, president and CEO of Pensionmark.

Want the latest retirement plan adviser news and insights? Sign up for PLANADVISER newsletters.

Chepenik, whose practice is a family office, told conference attendees there are two key things to have in place. One is a legal document that spells out what happens in the case of an adviser’s death or disability and what kind of multiple would be used to buy out that adviser. The second is life insurance.

He explained that partners should own life insurance on each other that will provide money to buy the shares of the other partners. They can cross purchase insurance or the insurance company can own the shares and the shares of the adviser who dies evaporates. However, in the second scenario, the survivors get the original cost basis of the shares, which would be more expensive.

Chepenik added that the legal document and insurance policies should be looked at on a regular basis as things change within the firm.

NEXT: Succession for non-family offices

Hammond, whose firm is a home office for advisers, said home offices already have a succession plan in place for their own advisers. But other adviser firms have asked it to be their succession plan. When someone retires, Pensionmark does due diligence to determine how much of the business is wealth management and how much is retirement plans, how much assets the adviser manages, the age of clients and their types and locations. He said the company will pay a higher multiple to Pensionmark offices and advisers, but a lower multiple to other firms.

“The fiduciary rule comes into play,” he noted. “If the adviser firm is the same type as ours, being the successor is easier. If the firm has a lot of best interest contracts in place, Pension mark has to take a look at all of them.”

As for cost, Chepenik said the cheapest way to fund succession upon the death of an adviser is with term life insurance, usually 10% to 20% of the value of the business. He said buy/sell disability insurance is expensive, but it depends on the age of the partner; cross purchasing is best.

Hammond said if an adviser retires, she can self-finance for the successor. The successor has a lower risk, but will pay a higher multiple. If the successor pays all up front, the multiple will be lower.

According to Hammond the multiple is one times gross value with death or disability if the successor has no relationship with the adviser, and it can be up to two or two and one-half times the gross value if the adviser sells her business and self-finances. “In some situations, though, the successor will be willing to pay a premium for the book of business,” he noted.

Chepenik said with a family business, the multiples are half of that.

PANC 2016: Fiduciary Rule Aftermath for RIAs

Even registered investment advisers, who have been acting as fiduciaries, will be impacted by the new rule.

The Department of Labor’s (DOL’s) new fiduciary rule will impact registered investment advisers (RIAs), even though they already have been acting as fiduciaries, speakers at the 2016 PLANADVISER National Conference said.

“You will need to spend time with lawyers to figure out what you can and cannot say, mutual funds will develop new share classes, you will need to conduct more due diligence on [the] options [you present to clients] and [it will be critical to] document processes,” said Gerald Lins, general counsel with Voya Investment Management.

For more stories like this, sign up for the PLANADVISERdash daily newsletter.

RIAs who recommend rollovers into individual retirement accounts (IRAs) where their fees remain the same will need to present investors with a best interest contract (BIC)-“light” exemption, Lins added. However, if their fee is commission-based, they will need to equip the investor with a “full-fledged BIC exemption,” he said.

As a result of the rule, Lins expects advisers who only occasionally recommend IRA rollovers to stop making these recommendations. In addition, if an adviser recommends a particular investment, they must name all of the alternatives available, Lins said.

The rule will also reign in RIAs’ pitches to new business, said Leah Singleton, counsel with the employee benefits and executive compensation group at Alston & Bird LLP. “Be mindful of education, recommendations and pitches,” she said. “The rule is not rules-based but principles-based, so there is no formula in a vacuum to follow. You must look at the context, content and presentation. The rule is broadly sweeping and frustrating. Any pitch to new business must not include specific investment recommendations. If you recommend a particular fund, you cross the line. So, be sure to look at your marketing materials and make sure they do not include any specific advice or recommendations.”

If another party links to an RIA’s website, that could be perceived as a recommendation, and the DOL says you cannot use disclaimers from being a fiduciary, Singleton said. “We are advising clients to stay away from disclaimers,” she said.

However, Michael Vincent, director of sales operations at Financial Engines, said he expects plan sponsors will reach out to RIAs for help complying with the new rule, and this could deepen advisers’ client relations. 

«