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Money Manager Analysis: Issues and Considerations

Engaged team members need to know how they influence the success of the business. (5).pngThere are many ways in which advisers can serve the best interests of their clients. Some advisory firms with the background and expertise within the firm choose to directly manage their clients’ portfolios. Others may choose to focus their time on financial planning needs and “outsource” the investment management.

Regardless of how an adviser decides to operate, it’s important that a firm’s disclosure documents are in line with what they are doing and that the firm is properly registered. Regulators will scrutinize firm’s disclosure documents for accuracy. The focus of this piece is to help advisers who outsource (or plan to outsource) the investment management to third-party money managers understand their situation so they can properly answer the disclosure questions in the SEC’s forms ADV 1, ADV 2A and ADV 2B, and determine whether the structure of the third-party money manager relationship makes sense for their situation.

Issues and Considerations

Consider the following potential issues and considerations when working with third-party money managers.

  1. What is the true nature of your firm’s relationship with the third-party money manager(s)?
  2. Are you acting as a solicitor?
  3. Is the third-party money manager acting as a sub-adviser?
  4. Under this relationship, what services are you providing clients versus the services that the third-party money manager is providing?
  5. How are you compensated? How is the third-party money manager compensated?
  6. How do you disclose the true nature of the relationship on your ADV disclosures?
  7. When the third-party money manager is engaged, is the client still considered a client of yours?
  8. If they are deducting fees, but it is “your client”:
    • Are they doing it properly under the custody rule?
    • Are they billing in advance for a period of more than six months (triggering audited financials for you if it is “your client”)?
  9. Is it your policy not to have discretion?
    • If so, does the third-party money manager trade with discretionary authority?
    • Are you responsible for approving their trades? (If you approve recommended changes without prior client approval, you are likely violating your policy and taking discretion.)
  10. How does the outsourcing of the investment management impact your firm’s value proposition?
  11. What is the reputational risk of working with third-party money manager(s)?
  12. If things go wrong with a specific client account, can they disclaim liability because it is your advisory account?

Due Diligence

During your due diligence process, discussions with sales representatives (or relationship managers) of the third-party money manager will often provide you with the general information you need to answer the above questions. That said, it may serve you well to read through the third-party money manager’s actual documents (Form ADV, agreement between your firms and the advisory agreement your clients will sign), even though it will require additional time and analysis.

The devil is in the details. Additionally, when push comes to shove, these documents will likely be at the center of determining: (1) whether your firm’s disclosures are accurate; as well as (2) ultimate responsibility on any issues at arise.

Todd Skoda

Todd Sakoda brings 20-plus years of experience in the financial services industry ranging from compliance and operations to business development and relationship management. His last 12 years has focused on independent registered investment advisory firms. Over his career, he has also worked with independent broker-dealer advisers and bank investment programs. He, along with John Carr, is a coach in the Compliance FPA Coaches Corner.

 


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New York Planners: Time Is Running Out for Your Firm to Qualify for The NYDFS Cybersecurity Regulation Limited Exemption

Under the new NYDFS cybersecurity regulation (23 NYCRR Part 500), any individual operating with a license, registration, or similar authorization under New York banking, insurance or financial services is required to assess their security risk profile, design a cyber program that addresses their risks and file an annual certification that confirms they are in compliance with regulations.

September 27, 2017 is the deadline for filing your Notices of Exemption and failure to do so on time will cost your firm thousands if it would have qualified for the Limited Exemption.

You may qualify for a limited exemption if you meet any one of the following (the following information is from the New York Department of Financial services and is available here):

Section 500.19 (a)(1): Have fewer than 10 employees, including any independent contractors, of the Covered Entity or its Affiliates located in New York or responsible for business of the Covered Entity

Section 500.19 (a)(2): Less than $5,000,000 in gross annual revenue in each of the last three fiscal years from New York business operations of the Covered Entity and its Affiliates

Section 500.19 (a)(3): Less than $10,000,000 in year-end total assets, calculated in accordance with generally accepted principles, including assets of all Affiliates

Section 500.19 (b): An employee, agent, representative or designee of a Covered Entity, who is itself a Covered Entity, is exempt from this Part and need to develop its own cybersecurity program to the extent that the employee, agent, representative or designee is covered by the cybersecurity program of the Covered Entity

Section 500.19 (c): A Covered Entity that does not directly or indirectly operate, maintain, utilize or control any Information Systems, and that does not, and is not required to, directly or indirectly control, own, access, generate, receive or possess Nonpublic Information shall be exempt from the requirements of sections 500.02, 500.03, 500.04, 500.05, 500.06, 500.07, 500.08, 500.10, 500.12, 500.14, 500.15 and 500.16 of this Part

Section 500.19 (d): A Covered Entity under Article 70 of the Insurance Law that does not and is not required to directly or indirectly control, own, access, generate, receive or possess Nonpublic Information other than information relating to its corporate parent company (or Affiliates) shall be exempt from the requirements of sections 500.02, 500.03, 500.04, 500.05, 500.06, 500.07, 500.08, 500.10, 500.12, 500.14, 500.15, and 500.16 of this Part

To file for an exemption: log into the NYDFS Portal and file. Save the email you receive after filing for evidence.

Key Dates Under New York’s Cybersecurity Regulation (23 NYCRR Part 500)

 Here are other important dates to know when it comes to the new regulation (the following information is from the New York Department of Financial services and is available here):

  • March 1, 2017: 23 NYCRR Part 500 becomes effective.
  • August 28, 2017: 180-day transitional period ends. Covered Entities are required to be in compliance with requirements of 23 NYCRR Part 500 unless otherwise specified.
  • September 27, 2017: Initial 30-day period for filing Notices of Exemption under 23 NYCRR 500.19(e) ends. Covered Entities that have determined that they qualify for a limited exemption under 23 NYCRR 500.19(a)-(d) as of August 28, 2017 are required to file a Notice of Exemption on or prior to this date.
  • February 15, 2018: Covered Entities are required to submit the first certification under 23 NYCRR 500.17(b) on or prior to this date.
  • March 1, 2018: One year transitional period ends. Covered Entities are required to be in compliance with the requirements of sections 500.04(b), 500.05, 500.09, 500.12 and 500.14(b) of 23 NYCRR Part 500.
  • September 3, 2018: Eighteen-month transitional period ends. Covered Entities are required to be in compliance with the requirements of sections 500.06, 500.08, 500.13, 500.14(a) and 500.15 of 23 NYCRR Part 500.
  • March 1, 2019: Two-year transitional period ends. Covered Entities are required to be in compliance with the requirements of 23 NYCRR 500.11.

If you need assistance filing for an exemption, Financial Computer is providing complimentary assistance for FPA members. Click here to schedule some time with one of our cybersecurity experts.

Brian E
Brian Edelman is a cybersecurity expert and the CEO of Financial Computer, Inc., a company that provides cybersecurity, integrations and IT support to the financial services community.

 


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4 Elements of Social Media Guidelines

If you’re not using social media to promote your firm and content, consider this: 22 percent of the world’s population uses Facebook (not to mention 79 percent of Americans) and nearly 1 in 3 internet users with a college degree are on Twitter.

When financial advisers use social media well, it can boost their overall marketing strategy considerably. When they don’t, it can be an expensive, potentially career-ending disaster.

But don’t let that scare you. Just establish firm rules of engagement in these areas before posting anything.

1. Compliance

Watch out for these potential red flags:

Promissory language: Don’t promise success and don’t say you can get any better results than anyone else.

Testimonials: This one’s also kind of obvious, but it has some finer points. In the SEC’s guidelines, they lay it all out, but it basically boils down to this: keep the testimonials off your Facebook, Twitter, Linkedin or other self-run social media sites, even if the clients post it themselves. But reviews from other people on sites like Yelp, Google Reviews or Angie’s List are OK.

Out-of-context numbers: I made a good number of mistakes in this area when I first entered the financial world because I assumed anything that was acceptable in a blog post was acceptable on social media.

After a few panicked phone calls from clients, I learned this lesson: don’t post any market statistics. They can easily be taken out of context and viewed by someone as promissory.

2. Approval Process

Giving anyone (including yourself) total freedom to post anything on your social media accounts whenever they want is not a great idea. You’ll want to implement an approval process.

At Mineral, we developed a social post template that makes it easy to share social post ideas with your team and track the approval process. (I set up a “View Only” version of our sheet that you can check out for yourself. If you want your own, in the File menu, just click “Make a Copy.” We also have an Excel version.)

But a social post template alone won’t solve all your approval problems. You’ll need an approval workflow that takes your posts from creation to publication.

Here’s ours:

Creating posts should fall to your creative team (if you don’t have one, a more creative or social media-savvy team member will do). But final approval should be reserved for the people who will ultimately be held responsible if a bad post goes up.

Jud and Kim (our CEO and president, respectively) reserve the right to final approval. It’s their necks (and business) on the line.

Don’t have the time or interest to approve every piece of content that goes out the door? That’s okay, just understand that you’re basically handing over the reins of your firm’s public image, so you need a professional you can trust.

3. Personal Profiles

During a speech by Trump in early March, Dan Grilo, a principal at Liberty Advisor Group, posted something stupid about the wife of a fallen soldier and landed himself in some very hot water.

He posted from his own personal account, but people still began associating Liberty with Grilo’s tweet. In the end, he was fired and Liberty issued an apology, InvestmentNews reported.

Set up some suggested guidelines for what employees should avoid talking about, even on private social media channels (the big three are inflammatory political statements, market predictions and offensive language). You could require guidelines or you could just use Mr. Grilo as an example.

People can and do get fired for stuff they post on their personal accounts. It happens all the time. See this Oxygen article on things people have been fired for posting on their social media accounts.

4. Interactions

Social media is a two-way street. And that’s a good thing! If you don’t respond to people tweeting at you or posting on your wall, you could miss out on prospects and end up looking rude.

Make sure engagement notifications are sent to a phone, computer or Slack (using social integrations) so you don’t miss anyone reaching out.

When someone tweets at you or posts on your wall, you have two options: one of the final approval people could handle interactions so engagements move smoothly, or you slow down the engagement process and use the approval workflow.

This could be done easily and quickly in Slack (an app directory site where we have a #social channel to kick ideas around for posts and responses).

Bonus Rule: Keep Records of Everything

As FINRA wisely cautions, you should keep records of everything you do on social media. To do that, you’ll want to use a social posting and archiving service like Social Assurance or Hey Orca that keeps an audit trail.

Social media is fertile ground for adviser prospects. Who knows? Your next $1M-plus client could find you because of a simple retweet. Just make sure you think about these four areas before you post.

zach-mcdonald

 

Zach McDonald
Editorial Director
Mineral Interactive
Omaha, Neb.