feed - Part 79

FPA Eliminates Its Standards Of Care And Code Of Ethics Requirements – Why It’s (Mostly) A Good Thing

January 28, 2016 12:01 pm 18 Comments CATEGORY: Planning Profession

Periscope Office Hours Cover Image Jan 26 FPA Eliminates Standards Of Care

Financial advisor standards of care has become the "hot topic" of 2016, driven by everything from recent controversies about the CFP Board's enforcement of its compensation definitions, to the looming Department of Labor fiduciary rule. Yet despite rising scrutiny over fiduciary standards of care, the FPA took the somewhat controversial action last week of dropping its requirement for financial planning professional members to adhere to its own FPA Standard of Care and Code of Ethics.

In this week’s #OfficeHours with @MichaelKitces, my Tuesday 1PM EST broadcast via Periscope, we explore the FPA decision to eliminate its Standard of Care, and look at how it was actually a good decision of the organization - because the reality is that the FPA has no means to enforce a standard of care anyway, and claiming to have a standard of care without enforcing it just creates more problems than it solves by attracting low-quality "professionals" who wish to don the mantle of a professional association.

In fact, arguably the biggest problem with FPA's decision to drop its own Standard of Care was that it didn't go far enough. While the organization said members will still be required to follow the Standards of Care that apply from other credentialing bodies and regulators - from the CFP Board to the SEC and FINRA and state regulators - which means CFPs doing financial planning will be fiduciaries, as will financial planners working within an RIA, the reality is that the FPA still permits "financial planning professional members" to include non-CFP product salespeople who are not subject to a clients'-best-interests standard at all. Which means, ironically, that the FPA just lowered the required standard of care for its non-CFP members!

Ultimately, the FPA does continue to acknowledge that it sees the CFP marks as the best certification around which to build the financial planning profession... yet the question arises of how the FPA can say it embraces CFP certification as the basis for the financial planning profession, yet continue to invite "financial planning professionals" who are not CFP certificants and now, under FPA's revised rules, aren't even required to give financial planning advice in the best interests of their clients (as FINRA and state insurance regulators don't required them to) - which, notably, is a violation of the original Memorandum of Intent upon which the FPA was founded!

Weekend Reading for Financial Planners (Jan 23-24)

January 22, 2016 02:44 pm 2 Comments CATEGORY: Weekend Reading

Enjoy the current installment of "weekend reading for financial planners" - this week's edition kicks off with a great exploration of why, in these times of market volatility, investors continue to give such credence to pessimists and view them as sages.

Continuing the theme of recent market volatility, other articles this week include: a reminder of the ways to talk with clients about market volatility and reassure them; the latest investment commentary from Howard Marks of Oaktree about the dynamics of investor psychology; a caution from John Hussman that while market volatility has picked up the leading economic indicators are also turning down (and the combination of both can be especially concerning); and a reminder of tax planning opportunities that emerge in a down market, from tax loss harvesting to Roth conversions of IRAs while they're down to Roth recharacterizations of last year's conversions that have declined in value since the original conversion.

We also have a couple of practice management articles this week, from a look at why more clients don't provide referrals (hint: it's not that they don't want to, but that they're not sure how to describe you or to whom), to a look at the ongoing rise of salary-based advisor compensation models and whether they can be successful without fewer business development incentives, a discussion of the importance of engaging both members of a couple (as most advisory firms are at more risk to lose assets when a widow leaves than when the money flows to the next generation), and an important reminder that the SEC is scrutinizing the Chief Compliance Officer role in advisory firms (and warning that it should not be fully outsourced)!

We wrap up with three interesting articles: the first is a review of a recent SEC report on the credit rating agencies, which finds that they are still engaging in many of the questionable practices that led up to the 2008 financial crisis; the second is a discussion of Bitcoin, which appears to be in the midst of a systematic collapse as it reaches capacity limits (and is controlled by a small number of influences who are preventing the capacity from expanding, for their own financial gain); and the last is a great reminder that we all need to say "no" more often, not just to avoid over-committing ourselves in general, but because saying "no" more often ensures that you'll have the time and capacity to say "yes" when it really matters.

Enjoy the "light" reading!

Weekend Reading for Financial Planners (Jan 16-17)

January 15, 2016 02:31 pm 1 Comment CATEGORY: Weekend Reading

Enjoy the current installment of "weekend reading for financial planners" - this week's edition kicks off with the big news that mega asset manager Invesco has bought "robo-advisor-for-advisors" platform Jemstep, in yet another example of an investment company acquiring a robo technology platform to use as a distribution channel for advisors.

From there, we have a number of technical financial planning articles, including: a look at why most retirees really go broke (hint: despite our focus on Monte Carlo analysis, it's not actually from market volatility, but spending shocks instead); how to proactively use the Roth recharacterization rules for various Roth conversion strategies; a discussion of recent research examining why corporate bonds don't seem to provide the risk premium over government bonds that would be expected given their default risk; and a look at the ongoing rise in various "values-based investing" approaches from SRI and ESG to impact investing (to the point that even regulators and the IRS are making it easier to pursue such strategies).

We also have a few practice management articles this week, from the ongoing decline of client referrals (as affluent clients seem to be increasingly concerned about the "social risk" of making a referral), to a reminder of the importance of updating your LLC operating agreement for your advisory firm (or more importantly, creating one if your LLC doesn't have one already!), the liability issues involved if an advisory firm employee makes a trading mistake, and some reminders of what not to do as you complete the annual Form ADV update process in the coming weeks.

We wrap up with three interesting articles, all focused on the topic of personal productivity: the first is a look at why you might consider getting a personal assistant to help you be more productive in business (even if you have to pay for it out of your own pocket); the second is a reminder of how helpful it can be to create a structured weekly routine for yourself (where client meetings are only scheduled on certain days of the week); and the last is a powerful reminder of the difference between just being "busy" (even if you're very efficient at getting things done!), and truly being productive.

And be certain to check out Bill Winterberg's "Bits & Bytes" video on the latest in advisor tech news at the end, including a discussion of the Invesco acquisition of robo-advisor Jemstep, social media platform Snapchat is rumored to be working on its own robo-advisor offering, BBVA Compass is announced as the first financial services firm to be linked up to FutureAdvisor since Blackrock acquired it, and Wealthfront announced its own Portfolio Review service to analyze fees and performance of a prospect's outside portfolios in an effort to try to amplify its own lead generation.

Enjoy the reading!

Weekend Reading for Financial Planners (Jan 9-10)

January 8, 2016 01:41 pm 1 Comment CATEGORY: Weekend Reading

Enjoy the current installment of "weekend reading for financial planners" - this week's edition kicks off with the latest release of FINRA's regulatory and exam priorities in 2016, where the organization has indicated its leading target is "broker-dealer culture" around compliance and the way that conflicts of interest are handled.

From there, we have several practice management articles this week, including: the ongoing rise of social media adoption by advisors (and that the highest adoption is amongst the most financially successful advisors); how despite the rise of social media, "old-fashioned" email remains a remarkably effective marketing strategy; tips on how to manage advisory firm staff members, particularly regarding setting and then monitoring/managing employee goals; a round-up review by advisor tech guru Joel Bruckenstein of leading RIA custodian technology platforms including Fidelity, TD Ameritrade, and LPL; and an article providing a great reminder that the real key to time management is not getting more efficient about what you do but getting better about deciding what not to do in the first place.

We also have a couple of technical articles this week, from a look at how "stress testing" portfolios with tools like HiddenLevers is becoming a popular alternative to analyzing traditional portfolio risk metrics like standard deviation or value-at-risk (VaR), to a discussion of how the structuring of irrevocable trusts has changed in recent years (from the separation of administrative and investment trustees to the rise of distribution committees and trust protectors), and a review of the data on what the true odds really are that a 65-year-old will need long-term care.

We wrap up with three interesting articles: the first is a discussion of the rising battle between banks and other financial institutions, and the account aggregation and personal financial management tools that draw upon and use that data (and potentially overload bank servers in the process); the second is a look at how economics research has been undergoing a significant shift in the past 30 years, from research being dominated by pure theory to increasingly focusing on real-world empirical data (supported by the availability of the personal computer and the rise of the internet and its data accessibility); and the last is a great reminder of the perspective that can be gained when a financial planner actually becomes a financial planning client, and sees the financial planning experience (and how it can be improved) from the other side of the table.

Enjoy the "light" reading!

Weekend Reading for Financial Planners (Jan 2-3)

January 1, 2016 02:01 pm 5 Comments CATEGORY: Weekend Reading

Enjoy the current installment of "weekend reading for financial planners" - this week's edition kicks off with a scathing investigative report from Ann Marsh at Financial Planning magazine, highlighting how brokers guilty of consumer harm are obtaining settlements in FINRA arbitration and then getting their records expunged on the basis of not being found guilty (due to pre-empting a guilty finding with the settlement!). Also in the news this week was an SEC report reviewing the ETF "flash crash" from August 24th, which disturbingly finds the problem was so widespread that it's still not clear why it happened, nor is it clear what needs be done to prevent it from occurring again in the future.

From there, we have a few practice management articles this week, including: a Bob Veres discussion of whether the typical advisory firm's efforts to impress prospective clients are actually just intimidating them; the first of what will likely be many stories looking at how the Department of Labor fiduciary rule may change the industry; a controversial suggestion from practice management guru Mark Tibergien that perhaps the industry's "talent shortage" problem is actually a shortage of skilled advisory firm management capable of attracting, developing, and retaining Millennial talent; and a profile of Live Oak Bank, which has burst onto the scene in recent years to become one of the primary lenders financing advisory firm succession plans, with more than $250M of loans funded since 2013.

We also have a couple of technical articles this week, from a look at how the recent spending legislation's extension of the solar investment tax credit may spur an explosive boom in solar energy, a discussion of how traditional portfolio metrics fail to capture the benefits of downside portfolio protection (and an alternative way to better measure the impact), and an analysis of why most people should actually consider funding an HSA first for retirement (in some cases even before a 401(k) plan with a match) given that virtually all retirees will have at least some medical expenses in retirement which can be funded tax-free from the HSA.

We wrap up with three interesting articles: the first is an interview with John Thiel, the head of wealth management at Merrill Lynch, who discusses how the firm is preparing itself for the looming Department of Labor fiduciary rule (and that it would rather comply with a fiduciary obligation to clients than walk away from $2 trillion of AUM); the second is a nice turn-of-the-new-year reminder that it's a good time to de-clutter (whether it's your desk, your business, or your clients); and the last is a Wall Street Journal highlighting recent research into consumer spending behaviors, and why the traditional advice to just budget and monitor spending is so often ineffective in practice.

Enjoy the reading, and Happy New Year!

Weekend Reading for Financial Planners (Dec 26-27)

December 25, 2015 02:01 pm 3 Comments CATEGORY: Weekend Reading

Enjoy the current installment of "weekend reading for financial planners" - this week's edition kicks off with a newly proposed SEC rule to curtail the use of derivatives in mutual funds and ETFs... which could potentially impact a wide range of funds, from those using derivatives to hedge risk to those using derivatives to 'leverage' and amplify risk (e.g., 3X index funds). Also in the news this week is a discussion that the recent surge of broker-dealers for sale may just be the onset of an even bigger wave of selling for broker-dealers unprepared for the looming Department of Labor fiduciary rule and the ways it may reshape the world of financial advice.

From there, we have a few technical financial planning articles this week, from a look of how advisors can work with clients to "plan" for black swan events, to a discussion of whether retirement planning is akin to chaos theory (which implies our models aren't nearly as accurate as our probabilities suggest), to a recent study finding that the investment performance of those with defined contribution plans is actually remarkably close to defined benefits plans after all (where the primary difference is just that DC plans tend to be smaller and have higher costs), and another new study finding that giving Social Security beneficiaries their delayed retirement credits as a(n actually fair) lump sum may be a better incentive to encourage them to continue working (as opposed to just giving higher retirement benefits for waiting).

We also have a couple of practice management articles this week, including: a template on how to create content for your advisor blog by talking (constructively and anonymously) about the mistakes your clients make (which should give an endless supply of ideas to write about!); a review of the new (to the US) financial planning software platform Figlo (from Advicent, the company that also makes Financial Profiles and NaviPlan); and the last is a profile of physician-turned-financial-planner Carolyn McClanahan, and the success of her retainer-based financial planning practice that serves at the intersection of clients' financial and health-care-planning issues.

We wrap up with three interesting articles: the first is a Journal of Financial Planning contribution looking at the convergence between the research on Positive Psychology, and the evolution of financial planning, suggesting that ultimately the financial planning ideal may be the intersection between the two (the world of "positive financial planning" that aims to help clients use money as a tool to improve their psychological well-being); the second discusses a coming new book called "Radical Candor" that looks at how managers and business owners can help their businesses excel by giving the right kind of guidance to employees (and encouraging an environment where they can give that constructive feedback to each other as well); and the last is a look at how the accelerating pace of regulatory change, from the DoL fiduciary rule to the possibility the SEC will take up its own fiduciary rule in the coming years, and the CFP Board's own newly announced Commission to update its Standards of Professional Conduct, suggests that financial planning may finally be on the cusp of emerging as a true profession!

Enjoy the reading!

Standing Desks, Walk-And-Talks, And Getting Healthier As A Financial Planner

December 21, 2015 07:01 am 30 Comments CATEGORY: Personal/Career Development

It’s an inevitable reality in the job of being a financial planner that there will be a lot of sitting. It may be at a desk doing financial plans on a computer, writing emails to or having phone calls with clients, or just outright sitting across from clients meeting with them. The problem: research finds that sitting for 8+ hours/day can increase the risk for everything from cardiovascular disease to type 2 diabetes (and an overall 24% increase in mortality rate!).

Of course, a financial planner can’t exactly avoid this by shirking their job duties. But it is possible to be productive in different ways, that don’t involve extensive sitting.

For instance, over the past year I’ve been ‘experimenting’ with everything from a standing desk (which I now use for all of my writing and office work) to doing conference calls with a headset while walking outside. You may find that meetings with colleagues or even some clients can be done while taking a walk together as well (at least if there isn’t any paperwork to go over!).

The end result, at least for me – the change in habits have helped me to lose over 40 pounds this year, accompanied by a material decrease of what was previously borderline high blood pressure, and my cardiovascular health has improved enough to drop my resting heart rate by nearly 10%! Of course, not everyone’s body may react quite the same way, but the fundamental point: it really is possible to get healthier, and remain productive, too!

Weekend Reading for Financial Planners (Dec 19-20)

December 18, 2015 02:48 pm 2 Comments CATEGORY: Weekend Reading

Enjoy the current installment of "weekend reading for financial planners" - this week's edition kicks off with the big news of this week's "Tax Extenders" legislation that not only reinstated popular provisions like Qualified Charitable Distributions from IRAs but makes most of them permanent so advisors and their clients won't be in tax-extender-limbo in the future.

Also in the news this week was the announcement from the CFP Board that it is beginning a process of updating its Standards of Professional Conduct, including both public forums and a public comment period scheduled in 2016, to address both any appropriate updates given the changing regulatory environment, and also perhaps its controversial "fee-only" compensation definitions. And given the outcome of this week's legislation - which did not include a debated provision to limit the Department of Labor's fiduciary rule next year - there's a discussion of what the final rule will likely include, as it is expected to be released in early 2016.

From there, we have a number of technical financial planning articles, including: a discussion of whether the Barclays Aggregate Bond Index is "broken" as a bond benchmark; a critique of a recent Wade Pfau study suggesting that whole life might actually be a better retirement accumulation vehicle than buying term and investing the rest; a look at how "positive feedback loops" (that amplify negative outcomes) can occur in retirement, especially for those who lack spending flexibility; tips for financial aid filings, from FAFSA to CSS/PROFILE, as the annual financial aid process gets into full swing; reminders of common IRA distribution and RMD-related mistakes to avoid; and a discussion of how for most clients still working, their most valuable asset to "manage" is not their retirement portfolio or their real estate, but their own individual earnings ability (which means their best path to greater wealth is not through earning better investment returns but getting an increase in their salary/income from working!).

We wrap up with three interesting articles: the first is an Investment News feature on the financial advisory industry's ongoing diversity problem (where only 20% of financial advisors are African-American, Hispanic/Latino, or Asian, while even financial analysts and CPAs have a 27% minority representation); the second is a Harvard Business Review article about disruptive innovation and what it really is (and is not), and why Uber is not actually true disruption at all (but robo-advisors might be); and the last is a fascinating look at the ongoing demographics "problem" emerging in both the U.S. and developed nations around the world, that may explain everything from sluggish U.S. growth to low interest rates, and why the dynamic may not change anytime soon.

And be certain to check out Bill Winterberg's "Bits & Bytes" video on the latest in advisor tech news at the end, featuring his 6th annual take on the "Best Technology Of 2015" in the categories of Best Back-Office Technology, Best Clint-Facing Technology, and the Best Overall Innovation of the Year!

Enjoy the reading!

Weekend Reading for Financial Planners (Dec 5-6)

December 4, 2015 02:33 pm 3 Comments CATEGORY: Weekend Reading

Enjoy the current installment of "weekend reading for financial planners" - this week's edition kicks off with the latest 2015 Financial Advisor Tech Survey from Financial Planning magazine, highlighting the latest in advisor technology trends, from the most popular CRM and financial planning software, to which advisor channels (and age demographics) are adopting new technology the fastest. Also in the news this week is another discussion of the Vanguard whistleblower suit, suggesting that Vanguard really is facing the possibility of being forced to increase its internal pricing by as much as a factor of 4X (and potentially pay billions of dollars of "evaded" taxes as well).

From there, we have a few technical financial planning articles, including: Social Security planning tips from Larry Kotlikoff in the aftermath of the recent Bipartisan Budget Act crackdown on File-and-Suspend and Restricted Application; a summary of the upcoming rules changes next year on money market funds, including which types may face a 2% redemption fee and have a floating (not-fixed-at-$1) NAV; a discussion of looming Medicare changes, from rising healthcare inflation impacting premiums, to new income threshold for the Medicare surtaxes in 2018 and changes to Medigap supplemental policies in 2020; and a look at "swap powers" and their relevance in income and estate tax planning (especially to get a step-up in basis on certain appreciated assets) for various types of irrevocable grantor trusts.

We also have a couple of practice management articles this week, from a review of the latest technology enhancements at broker-dealers like Cambridge, Commonwealth, and LPL, to a look at how advisory firms are adopting virtual part-time paraplanners and interns, and a discussion of the "pricing trap" that many advisory firms are facing as growth rates slow and firms (wrongly?) try to cut prices to compete instead of getting more focused on really crafting a unique value proposition for a clear target clientele (because in the future, it's really going to matter!).

We wrap up with three interesting articles: the first is a look at the recent FINRA initiative to reshape the Series 7 exam and/or to introduce a new "general knowledge" exam, which in turn has kicked off questions about whether the Series exams are even still relevant in today's financial advisor (and not-stockbrokering-centric) world; the second is a discussion of Facebook founder Mark Zuckerberg's announcement to donate 99% of his Facebook stock (about $45B) for philanthropic purposes, but to not use a private foundation and instead contribute to a for-profit LLC instead (possibly a newly emerging philanthropic trend?); and the last is a touching discussion about the "real" value of the home, as told by the Wall Street Journal's Jason Zweig when he had to move his 87-year-old mother out of the family home that they had owned for more than 50 years.

And be certain to check out Bill Winterberg's "Bits & Bytes" video on the latest in advisor tech news at the end, featuring his own take on Financial Planning magazine's 2015 Advisor Technology Survey results, from what is still poor adoption of advisor CRM (the most common advisor CRM is "none"!?), but rising technology spending budgets as advisors look to step up in the future!

Enjoy the reading!

Celebrating My 5 Year Blogiversary, And A Look At How I Get Paid For “Free” Blogging

November 23, 2015 07:01 am 26 Comments CATEGORY: Nerd's Eye View

With nearly 1,000 cumulative articles, this past month the Nerd’s Eye View blog celebrated the 5-year anniversary (or “blogiversary”?) of its re-birth in the fall of 2010. And over that time span, this blog has gone from a sleepy little side project that had a dozen or two readers for every article, to one that generated a whopping 120,000 unique visitors last month, and has become the center of my business and professional world.

From many of you who are regular readers of the blog, and enjoy the entirely free (and advertising-free) content, I’m often asked how I can ‘afford’ to give away so much of my time and content without charging anything (or selling third-party ads). The key is simply this: no matter how much free information is out there on the internet, there will always be a subset of people who need some help implementing the ideas and strategies they read.

In fact, given the size of this site, it means that ultimately even if only 1% of you (or even 0.1% of you!) have a need to do business with one of the various companies I own, or want me to speak at your event or consult with you, and the other 99.9% of you simply use this information for free to improve your own lives (or your practice, or your work with clients), we all win. And that simple strategy has more-than-quadrupled my personal income in the past 5 years, even as I give away more and more for free!

Accordingly, I am happy to report that even as the Nerd’s Eye View blog grows to new highs, I remain committed to giving you as much helpful information as I can entirely for free - and remain free from any third-party advertising as well. In fact, you’ll notice that we’ve re-launched with an updated visual look and interface to the site to make it even easier to read and navigate, and with a re-design on the back end of the site will be rolling out more new features and services in the coming months as well. All I ask is that you continue to visit the site regularly, read the content, share it with your friends and colleagues, and if you have a need for some further assistance, please don’t hesitate to reach out if one of my businesses can help.