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LSR'S Kerry J.
Fulton, a former College Instructor, Certified
Financial Planner, and Regional V.P. for a national brokerage firm, discusses
planning concepts and ideas to
be used in conjunction with your investment activities.
Financial Advisors, Part 2 of
1 March 01,
2002
In this part of our article, we will
discuss additional professional designations.
Industry Professional
Designations
There are Certified Financial Planners (CFP),
Certified Financial Analysts (CFA), Chartered Financial Consultant
(ChFC), Certified Life Underwriters (CLU) and Certified Public
Accountants (CPA). All of these certifications mean something. They
all require training and testing processes for certification and
also require qualified continuing education to keep the designation.
Recipients of these desinations are subject to a type of board of
ethics, which can take someone's certification away if they don't
follow the ethical rules of the certifying body. These are all real
designations that denote some level of training.
What do these mean and what can they do for
you? As a brief description, a CFP is a designation granted by the
college for financial planning. It requires a very complete
knowledge in all aspects of financial planning and passing a
comprehensive test. This is a general financial planning course and
equips the individual to advise in all aspects of financial planning
including investments, insurance, retirement, estate and tax
planning. ChFC is an insurance industry designation granted by the
American College, and insurance industry institution. A ChFC will
have a well-rounded knowledge of financial planning from the
insurance industry prospective. If you need business insurance and
advice on various types of policies, a person with this designation
would be able to help. A CLU is also an insurance designation from
the American College for the insurance industry. This person will
have a much better knowledge and training in insurance, generally in
the life insurance side of the industry. Many ChFCs are also CLUs
but that is not required. A CFA is a designation for the
securities industry that indicates this person has more training in
the area of portfolio management. This is more of an investment
person that a financial planner. Most mutual fund managers,
segregated account managers, and private money managers are
CFAs.
Insurance
Industry
The insurance industry, although regulated, is
not as closely regulated as the securities industry. Obviously there
are many more insurance agents than there are Securities licensed
individuals. Unlike the securities industry, the license is with the
person and not the company they represent. Once a person obtains an
insurance license, they then "place it" with an insurance brokerage
company and become appointed to sell their products. Some agents are
exclusive, while others are independent and may sell insurance
policies for many companies.
The insurance industry is not as regulated
with respect to what an agent may call themselves, except in the
financial planning areas. Here you will see a lot of different
titles and names for what they do. It is unusual to find someone
that is good in the causality insurance areas, homeowners, auto,
business, liability etc. to be very knowledgeable in the life
insurance areas. They will know something about life insurance but
typically not as much as one that is in the life insurance industry
only. The medical insurance field is the same way. They typically
learn their field and not the other insurance areas. That
doesn't mean they don't know anything about other areas of insurance
but if you need help in any of these areas, go to the expert in the
field. Someone who specializes in the type of insurance you
need.
Other Financial Services Industry
Advisors
Accountants and Attorneys are other people you
may turn to for financial advice. I have talked with a lot of CPAs
who are great at accounting but investments and financial planning
are not typically within their fields of expertise. They can read
and understand a financial statement for a company you are
considering for an investment, but most aren't trained in financial
planning. One should probably not go to an accountant
for financial planning advice. Accountants are usually very
good at giving tax advice. After all, that's what accounts do,
isn't it? They do numbers, balance sheets, taxes, bookkeeping, etc.
That is not financial planning. It is part of it, and important part
of it but it is not total financial planning.
Attorneys may specialize in or emphasis estate
planning, but there again very few have been trained in financial
planning. The part they do in financial planning is also very
important, but estate planning or business succession planning is
only a couple of the pieces. They may be involved in your planning
process but don't go to a lawyer for a financial plan unless they
have been trained in that area. Also remember any lawyer can draft a
will or trust, but estate planning is an optional course in most law
schools. That means most lawyers didn't even take the basic course.
If you have a complex problem, you don't want them to "practice" on
you, do you?
With this basic knowledge of licensing and
titles, you will now be better prepared to understand how the
various advisors work. In the next articles, I will explain which
ones you should use and why and how they charge for their services.
Kerry J. Fulton
Financial Advisors, Part 1 of
1 February 17,
2002
This will be the
first part of a multi part series concerning various types of
financial planners and financial advisors. The first part will
discuss various types of advisors. In the second part we will
discuss how various advisors are paid for their services. The third
part will discuss how to pick an advisor or various advisors to help
you with your financial situation.
Special agent sounds good, doesn't it? The FBI
and the CIA have special agents. They are supposed to be the
good guys, so if one of my advisors is a "special
agent", it must be good, right? What about various
certifications? What if one of my advisors is a "Certified"
whatever? Isn't that a good thing? Doesn't that person know
more than others in a particular field? A few weeks ago I
heard a radio advertisement touting the services of a
"Financial Coach". Even Tiger Woods has a personal coach,
doesn't he? Shouldn't I have a professional "financial coach"
to help me? What about an Account Executive? That sounds
impressive, doesn't it? I could use a persona banker, to help
with some of my investments, couldn't I?
There are a lot of names for people who want to
help you with your money. How do you know which one to use?
Well, let's take a look at the financial services industry and
find out what all of this means. We will discuss the
securities industry, the insurance industry and other
advisors.
The Securities Industry: The securities
industry has a lot of controls over what people can call
themselves and what they can't call themselves. We will begin
here. The National Association of Securities Dealers, NASD, is
a self-regulating body of the securities industry. The NASD
was created by the Federal Government to help control and
monitor that industry. After all, someone needs to look out
for the investors, don't they?
If a person has a license with the NASD, they
fall under certain guidelines and rules that they "have to
follow". If they don't, they could lose their license and be
fined. Someone who does not have a securities license,
is not subject to the NASD's rules. A simple example of
this is in the area of church bonds. If my church wanted an to
expand, and wanted to sell bonds for that expansion,
members of the church could sell these bonds to each other,
themselves, friends and relatives. They don't need to have a
securities license to do this. Let's assume that the national
organization for that church backs the bonds, which is often
the case. Let's further assume that this church has never had
a default on any of their bonds. Let's also assume that this
is a good investment. Since these are not registered bonds,
and are an unregistered security, and the transaction is
exempt, meaning the sales person does not need to be
registered with the NASD, anyone can sell these bonds, except
someone with a securities license. If a professional in the
industry who knew more than anyone in the church about
investments sold one of these bonds, they could lose their
NASD license and face a big fine.
In the securities industry, there are two main
regulating bodies for financial advisors. We will ignore the
SEC for this discussion, because that body is over all
securities transactions but unless there is a major violation,
they don't often get involved in the control over the area we
are discussing. The NASD and states are the two entities we
will discuss here. The NASD covers the industry nationally.
States can further pass laws to protect their residents, which
they do. They also inspect and supervise licensed securities
companies and sales people.
Once a person is sponsored by an NASD member
firm, passes the necessary exams, and passes all the required
background checks, they are licensed with the NASD for
specific activities. There are a lot of different exams and
licenses for all of the various securities products that are
on the market today. They are all now called "registered
representatives" because they are properly registered with the
NASD to represent their firm is specific securities
transactions.
Now that I have a license, what do I call
myself? That is left up to the control of the securities firm
you are licensed with. Some allow their reps to call
themselves account executive. Others call themselves financial
representatives, or other titles. They all mean the same
thing. What these titles mean, in effect, is that they
have a license. In order to call yourself a
financial "advisor" many states require that you pass a NASD
series 65 exam as well as the others you need for your
licenses. Once you pass that exam, you can call yourself an
advisor. Other states don't have such a law but that seems to
be changing.
So what's really in a name? In many cases
nothing. If a person is licensed with the NASD, one name
doesn't mean anything more than another name or title. Some of
the larger brokerage firms call their top reps Vice
Presidents. In closer examination they are not elected Vice
Presidents they are appointed Vice Presidents. They are, in
essence, appointed by the firm to have a better title, with
the hope that it will help them sell more. They are not on the
board of directors, and they don't usually have any P & L
responsibility. They just are required to sell a
lot of securities to keep the title.
A person with a securities license may also be a
stockbroker. If you really want to understand stockbrokers,
read Jim Salim's book "The Great Wall Street Swindle". I did
and I think its great! In fact, I recommend it to anyone who
have interest in this article.
Anyway, back to the topic at hand. My suggestion
is to totally ignore the title of a financial advisor and look
at what they can do for you. Certifications are a different
story. Several years ago, I knew of a company that was selling
diamonds as an investment. None of their representatives were
registered with the NASD and didn't have to be. After 40 hours
of in house training on how to sell diamonds as an investment,
they became a "Certified Diamond Counselor". Sounds good, but
what did it mean? NOTHING!
To Be Continued... (In
the next part, we will look at Industry Professional
Designations, the Insurance Industry, and other financial
services industry advisors)
Kerry J. Fulton, RLP LSR
Staff
Author LSR Staff Writer All around
nice guy
Divorce Requires
Financial Planning January 14,
2002
The
statistics say that somewhere between 50%
to ½ of all marriages end up in divorce. Unfortunately, divorce is not a
joking matter. Too often people are highly emotional during
this time and end up fighting over petty or stupid things and
ignore some of the bigger things. Believe me, I speak with the
voice of experience.
A good friend of mine always told me never to
emote and make important decisions at the same time. He was
right on. During the initial part of my divorce proceedings, I
was too emotional to make good decisions. Especially good
financial decisions. Even financial planners make bad
financial decisions when emotions get in the way. The more
this process dragged on, the more I changed my outlook,
attitude and strategy.
I wanted to make sure the children would be well
taken care of financially. Because of that, I paid a lot more
than I should have paid. However, I did a lot of things right
financially during the process. Once the initial divorce was
completed, I thought the financial bickering was over. I was
wrong. I was taken back to court every two or three years for
increases in support. That is when I was able to keep emotions
totally out of the decision process and good judgment took
over.
Prior to my divorce, I helped a lot of people
with their financial decisions during their divorce processes.
When it was me going through a divorce, I realized how much
emotions could cloud one's judgment. Since that time, I have
been able to better understand the emotions involved and I
have been able to help a lot more people.
One other thing that effects the process is the
fact that most divorce lawyers don't know much about financial
planning. Their goal seems to be to get the most they can for
their client. Each lawyer wants the maximum for their clients,
ignoring good financial planning concepts. Keep in mind that I
am not a lawyer but I do have the ability to research, ask
questions and find out what I need to know about a specific
topic. We all have that ability, don't we?
I ended up giving my lawyer and opposing council
a lot of training about financial planning as this process
evolved. I had several phone calls on the speakerphone with my
lawyer and hers explaining tax consequences and financial
planning concepts. Her lawyer wouldn't just take what I told
him as fact, so I had to convince him that he should at least
research what I was telling him. After several discussions or
arguments, he did his job and checked these things out.
As I have stated in other articles, advisors are
hired to advise you. What you ultimately do with that advice
is up to you. I directed much of the negotiations and process
with the advice of my lawyer. He was good at the law,
especially in these matters. I knew financial planning and
people. Together we did fine. He told me that in Missouri, it
is extremely difficult to appeal a domestic relations ruling
and win. In fact, we appealed one ruling on 5 points and won
on three of them.
If you have a retirement plan, and the divorce
decree states that one spouse will receive a portion of that
retirement plan, you have two choices on how to pay it out. If
it is not properly stipulated in the decree, you may have to
withdraw the money and pay it to your ex-spouse. Doing that
could cause you to have to pay a penalty and taxes on the
portion you withdraw. It could also cause your ex spouse to
pay taxes on all the earnings on that money.
I was divorced in 1987. At that time Qualified
Domestic Relations Orders, QDRO, were not as common as they
are now. I did a lot of research and discovered that a QDRO
had to be written is a specific way in the decree to make it
work. I found a corporate lawyer in Atlanta who had worked
with several of these and called him with specific questions.
I discovered how to make this work for me.
A QDRO works especially well with a defined
contribution retirement plan. With a QDRO, a portion of the
retirement account can be re-registered to an ex-spouse and
maintain the tax shelter until it is withdrawn. It can also
avoid early withdrawal penalties and current taxes for both
parties. It makes a lot of sense to do this. It is just good
financial planning.
One of my clients told me that his wife wanted
him to sell 50% of the stock and give her the money. He didn't
have a problem with that. After all it was ½ hers and he
didn't object. I suggested that he give her ½ of the stock and
let her sell it. The stock had a large capital gain and he
would have had to pay the taxes because the transfer would
have occurred when he was filing his taxes as a single
person. I don't know if her lawyer understood the
difference but he easily agreed with that idea, saving my
client a lot of money in taxes.
A female client was divorcing a businessman. She
wanted and deserved to have ½ of the business assets. She
wanted to own ½ of the business with him. It turned into a
bitter divorce proceeding. Running a business with a partner
is difficult enough without trying to do it with an equal
50-50 partnership with someone you've divorced. We worked out
a deal where she would receive equal value in other property
and assets in exchange for him keeping the business. She knew
nothing about the business and shouldn't have been an owner in
it. This may well have kept the business from failing and her
½ of the business from becoming worthless. The lawyers
agreed once they realized the value of this arrangement. Prior
to that, they were trying to work out how the business would
be split.
I have seen men give up way too much just to get
a divorce over. Once that is done, the ex-wife frequently
takes him back to court for increases in child support. States
have guidelines on how assets will be split and what the child
support will be. I would personally rather see the divorcing
couple go along with the guidelines and use good financial
planning do decide how specifically to split up things.
After that, if the non-custodial parent wants to do more for
the children, they can provide a lot of the extras. Initially,
I couldn't do that because I gave up too much to make sure the
children would be well taken care of financially. It would
have been much better for my relationship with my children, if
I would have gone by the state guidelines and had enough money
to provide more extras for the children.
Little things can make a big difference. Home
ownership can cause other problems too. If the decree says one
spouse can live in the house until they sell it then the money
is split, you could have a problem. That spouse can live in
the house forever, if it is totally up to them. I had a friend
who bought a used Cadillac from an ad in the paper. The ad
said like new, one year old, loaded - $100. My friend called
on the ad to see what was going on. The seller told him that
the divorce decree stated he must sell the car and give his ex
wife the proceeds. He didn't want to give her anything more
than he had to. The ex didn't want the car; she just wanted
the money. What a mistake for her! What a great deal for my
friend!
Here is a common scenario during a divorce. One
party must sell something and give the proceeds to the ex
spouse. Why lawyers allow that during the negotiations, I will
never understand. You can almost guess what will happen,
especially if things are bitter at that time.
Bonuses can cause additional problems. If you
have to give up part of a future bonus, try to negotiate a
situation where it is a % of the bonus not a flat amount over
the next several years. During these current economic times,
you don't know what could happen to a bonus. Later that bonus
may become part of regular pay and the bonus reduced.
When that happens, the dollars paid as a % of the bonus are
also reduced.
Financial planning is important in a divorce for
both parties. You have to look at these decisions as business
decisions not emotional decisions. You should always look at
what could happen after that decision is made. What could
possibly go wrong or change to affect that wisdom of your
agreements? Do you want the law to require a working
relationship in the future or do you want that to be a mutual
decision. How can you avoid unnecessary taxes now and in the
future? Can you control the outcome or change your investments
or are they stuck some place and require an ex spouse to do
something that will have a positive outcome for you?
It may be difficult, but when going through a
divorce you will need to work with a financial planner.
That planner can then consult with you and your lawyer in
order to effectuate the most positive outcome possible.
Together, your lawyer and financial planner can work to
achieve the best possible outcome. One without the other,
generally can't do as well as they could working as a team for
you.
Kerry J. Fulton LSR Staff
Writer
Business Succession
Planning December 26, 2001
Most small business owners
spend most of their waking hours working with and planning for
their businesses. The business is their "baby". They
work the business and pour all their blood sweat and tears
into building that business. In return, the business provides
for the needs of the owner and his/her family. When the
business becomes successful, dreams of growing the business to
even greater successes begin and many times these dreams come
true.
But one important thing that
many business owners never think about is, what would
happen to the business if they became disabled or wanted to
retire? Most small business people have life
insurance in the event of premature death. Many have insurance
to cover fires or temporary business interruptions. But what
will happen to the business when it is time to sell or
retire?
Proper financial planning
dictates that you should never have all your eggs in one
basket. You should not plan solely on your business to always
take care of you. You should invest some of your profits in
outside investments. Many small business people don't do that.
Not doing so is a big mistake. Don't fall into the trap of
thinking that things are good and always will be good. Invest
for various contingencies.
On top of this, while you are
planning the growth of your business, plan on what will happen
to it when you are ready to take life a little easier. Spend
some of your planning time thinking about whom could possible
buy your business and how they will pay for it. Remember, when
you are no longer there to help with the day-to-day activities
of the business and when someone else begins to manage your
company, things can and often-times will change. Many of your
customers buy from you because of you. If you are not there,
will those customers continue to do business with your
company?
Less than 1/3 of all
small businesses survive two generations of ownership. If you
don't have children who want to run your business, then you
need to consider who might purchase your business when it is
time for you to step down. How will your business
be valued? It probably won't sell for the amount of money you
think it should. You may have to negotiate a price.
Check with your banker. Ask if your business could be financed
to a new owner. If so, ask how much the bank would finance it
for. The answers might surprise you.
Think about some of your
competitors. What would you pay for their businesses? What
would they pay for yours? Would they be willing to buy you out
when the time comes?
Would you have to stay for a
period of time following the sale of your business to
assist in the transition? After that, if the new owners
aren't as successful as you, or if they fail, how will
that effect the payments on which you would have
relied?
You should always plan your
exit strategy long before the time comes to sell out or
transfer ownership. Perhaps you can hire, train and sell the
business to a key employee. If that is the case, he or
she may be able to obtain the financing necessary to pay for
the business outright. If not, will the earnings from
the business be enough for that new owner to pay you the
purchase price of the business if the success it achieves
isn't as great as when you ran the business?
If you have enough outside
investments for retirement, the money from the sale of the
business will be extra income instead of essential income.
That is the best position in which to be when the time comes
to retire.
All businesses are
different. But all business owners should make this
exit planning a major part of their financial
planning. Remember, it is easier to plan for potential
problems before those problems occur than it is after the
problems exist.
Kerry J. Fulton Staff
Writer
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