Experts: Good RIA Succession Plans Separate Owners from Managers

A panel discussing succession planning also noted giving next-generation managers “permission to fail” as they learn to run their parts of the business.

Registered investment advisory firms who make a succession plan should start by understanding that owners of a firm are different from managers, according to a panel of experts at a webinar held by advisory consulting firm DeVoe & Company on Thursday.

“A very common conceptual mistake I’ve seen many people make is to believe that [ownership and management] positions are the same thing,” Tim Kochis, a co-founder of wealth management firm Aspiriant, said during the webinar. “Anyone who becomes an owner thinks they have some authority or management, and really that’s not the case at all.”

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The discussion sought to address an aging RIA industry predicted by DeVoe and others to continue either merging, selling or just going away as more owners retire. That reality led the Financial Regulatory Authority to issue guidelines in November 2022 about how advisers should plan for succession and to highlight the importance of doing so not just for a firm’s employees, but for the clients they serve to have continuity in their financial planning and investments.

The three panelists, all working as special advisers to San Francisco-based DeVoe, had been founding members of their own RIA firms before taking the businesses through succession plans. They all also agreed that expansion of ownership was important for any internal succession, but that ownership planning should be accompanied by a separate path of training and growth for day-to-day managers.

Kochis, who first started RIA Kochis Fitz before co-founding Aspiriant through a merger, said owners should be committed to the company for the long run and involved with major decisions, such as an office move or acquisition. But different qualities are needed for managers who keep things running, he noted.

“On the management side, it’s not about long-term commitment, but there you are looking for aptitude or the skills necessary for the job,” Kochis said.

Peggy Ruhlin, former chair of the board of directors at RIA Budros, Ruhlin & Roe, said when she started at the firm, the initial handful of owners managed everything. As the firm grew, however, the leadership team extended the ownership stake to more people. At first, not all of the owners understood that while they could express their opinions about the company, they were not in charge of all operations.

“We referred to a corporate governance structure: You own stock, you can vote your proxy, but you have nothing to do with how the company is being run day-to-day,” she said. “You don’t get to tell the receptionist what work she gets to do.”

A Gift and Responsibility

Jane Williams, a founding partner in Sand Hill Global Advisors, noted that providing ownership is both a benefit and a responsibility for those interested in the longevity of a firm.

“I think it’s imperative to give people a financial opportunity, but also to be clear that it’s a vote for you to be earning in a different way from this organization and responsible for risk in a different way,” she said. “It doesn’t change your role … or mean you should change the rhythm of the firm.”

Kochis noted that a good succession plan should start with expanding the ownership stake, as that is the “easier transition.”

“Most founding people in our industry have been making a lot of money over a period of time and have probably made enough resources that maximizing the last dollar is not crucial,” he said. “Whenever a founding principal has enough, it’s time to start transitioning ownership of the firm to other people to give those other people an opportunity to build their own wealth.”

When it comes to training managers, he said, those members of the team need to be given the time and space to make mistakes as they figure out how best to do their jobs.

“You must give them an opportunity to demonstrate their skills at the job, and also give them permission to fail,” he said. “That is the really important mindset for the founding leaders of a firm: To let the next generation of managers to be successful, they have to be permitted to fail along the way.”

Keeping It In House

Internal succession planning is essential for many RIAs, according to DeVoe’s research. Nearly half (49%) of advisers surveyed say they prefer internal succession, compared to about 31% who said they prefer external succession in which a larger firm takes over. Meanwhile, 18% prefer a hybrid of both internal and external succession, and 2% want external succession in which an equal-sized or smaller firms takes over.

RIA founder Williams noted that she had gone through both external and internal successions. Her firm was sold because two of the partners were retiring. Later, she and a group of partners bought it back, with her as a founding member. She told the virtual audience that if internal succession is possible, it is a great path forward for helping the next generation.

“It is so imperative to give everyone a chance to have success,” she said. “It’s really fun and inspiring to see people grow.”

Ruhlin noted that she and her partners felt it was an obligation they had to their employees, as well as their clients.

“It would have been irresponsible to us, as owners, to not have something planned for our eventual retirement and exit from the business,” she said. “We needed time to train future managers and leaders of the business.”

Regulatory and Statutory Changes Coming to Self-Corrections Programs

Plans will find more room to correct their own mistakes under SECURE 2.0 and a DOL proposed rule change.


In recent months, the latitude given to fiduciaries looking to self-correct errors in plan administration has been expanding.

In November 2022, the Department of Labor proposed a rule that would expand the Voluntary Fiduciary Correction Program. The proposed rule would permit fiduciaries to correct errors related to the repayment of loans and delayed investment of employee contributions if the error was no older than 180 days and did not amount to more than $1,000. It would also require the fiduciary to provide notice to DOL after the fact, instead of seeking pre-approval.

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More on the VFCP proposal can be found here. The comment period for the proposal closed today.

A public comment letter submitted to the DOL today by the ERISA Industry Committee (ERIC) was supportive of the proposal. It did, however, call for $10,000 and 365-day limits instead of the proposed $1,000 and 180-day limits.

The letter noted that the SECURE 2.0 Act of 2022made some changes that will ease self-correcting processes.

Section 305 of SECURE 2.0

Section 305 of SECURE 2.0 allows plans to self-correct errors related to loan administration through the Self-Correction Program under the Employee Plans Compliance Resolution System, within the jurisdiction of the IRS.

According to Matt Hawes, a partner in Morgan Lewis, the IRS previously did not allow for self-correction of administrative loan errors, instead requiring a process called the Voluntary Correction Program, which allows a sponsor to pay a fee and request IRS approval to make a correction. Now sponsors can use the self-correction program, which does not require contacting the IRS or paying a fee, to correct these errors.

Jason Lee, an ERISA attorney and principal with Groom Law Group, Chartered, says there is overlap between the DOL VFCP proposal and Section 305. If the proposed rule goes into effect, the DOL will be required to treat plan participant loan failures—such as those resulting from a mistaken amount or duration—that are self-corrected under IRS SCP rules as also satisfying the DOL’s VFCP’s rules. Section 305 authorizes the DOL to require notice from plans that use this method but does not mandate the DOL to do so.

For plans to use the self-correction process under Section 305, the loan error in question must be an “eligible inadvertent” mistake. In order to be considered an “eligible inadvertent” mistake, the failure must have happened despite the presence of appropriate policies and procedures, cannot be an “egregious” failure and cannot relate to either the misuse of plan assets or “abusive tax avoidance.”

Hawes explains that Section 305 of SECURE 2.0 deals with “run of the mill” administrative issues relating to loans, but the DOL proposal was limited to deposit failures, such as not repaying loans or investing contributions.

It is not clear if Section 305 in SECURE 2.0 will be accounted for or otherwise affect the DOL’s VFCP proposal under consideration. Hawes says this provision could result in the DOL “tweaking the rule a little bit,” but not necessarily.

When asked for comment, a spokesperson for the DOL said, “The Department of Labor is in consultation with the IRS regarding the implementation of Section 305(b). However, Section 305(b) has no immediate impact on the recent proposed amendments to the Department of Labor’s Voluntary Fiduciary Correction Program.”

Other Self-Correction Sections of SECURE 2.0

Section 301 of SECURE 2.0 addresses overpayment corrections by allowing plans to opt not to collect benefit overpayments, or to collect them by reducing future benefits. David Levine, an ERISA attorney and partner at the Groom Law Group, explains that, “Fiduciaries believed it was their responsibility to go after overpayments. This enhancement provides protection and allows fiduciaries to act in a participant-friendly way without running afoul of their ERISA duties.”

Section 350 permits the correction of errors related to auto-enrollment beginning in 2024. This section allows a grace period of 9.5 months after the end of the plan year in which an error was made for a sponsor to correct “reasonable” errors without penalty. These errors can include things such as improperly excluding an eligible employee from the plan.

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