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Several times in more than two decades of advising family offices, I have
overseen what might be called an extreme makeover. Because client
confidentiality is a vital element of family office consulting, I have
constructed a case study loosely based on an existing client I call the Jones
family. Our team of advisors saw that the Jones family office was in a situation
common to single family offices set up like small businesses of perhaps 10
employees: Although they manage assets equal to those of many corporations, the
operating procedures are as informal as those of a mom-and-pop shop.
 | | MARK J. BLUMENTHAL, CPA, is chairman of the Family Office Services group at the
accounting and business advisory firm Blackman Kallick in Chicago. |
Family offices with large staffs—upward of 50 people—generally have
institutionalized their procedures and practices. They employ in-house counsel,
conduct annual audits and have operating manuals that explain job descriptions
and authority. Fewer family offices are setting up such extended operations
today, however, now that technology and a growth in service providers have made
it viable and economical to outsource such functions as tax preparation, estate
planning and philanthropy. There are exceptions among those with very diverse
business activities that require a substantial staff to manage day-to-day
operations, but otherwise the trend is toward large family offices reducing
their staff, and outsourcing.
A great many small family offices, or even
virtual family offices, are in need of a more formal set of practices and
procedures because an overly informal atmosphere is a breeding ground for
slipshod record keeping and fraud (“Who Can You Trust?” November 2005).
The president of the Jones family office, to his credit, came to
us before he found anything amiss. He had established the office 15 years
earlier, when the sale of a manufacturing business started by his grandfather
presented a large liquidity event. A number of real estate holdings and other
investments emerged out of the family business, bringing together distant
cousins who barely knew each other, yet who shared stakes in these investments,
which included 150 private equity partnerships and hedge funds owned through a
complex structure of irrevocable trusts and family limited partnerships.
The
president was 55 years old and in charge of the family’s net worth of $450
million. There were 68 surviving family members, ranging in age from 80 to some
fifth-generation members still in diapers, and four primary family branches,
with numerous divorces and second families to add to the complexity. In short,
they were a family much like any other that has been able to sustain its wealth
over five generations and concerned about what investments and strategies it will take to preserve
the wealth for generations six and seven.
The Joneses set up their
family office with no grand design, letting it evolve to what it was: an office
employing seven people who were competent and knew the family. Some family
members, noting how much this informal setup was costing them in salaries and
overhead, were wondering if a family office was necessary.
Judgment
Day We started with an assessment that involved meeting the senior staff
members and asking them to describe their functions in detail. This sort of
interview can, of course, feel threatening to people who wonder if their jobs
are at stake, but you cannot begin an overhaul without a complete understanding
of what everyone there has been doing. The senior personnel in this family
office were, as we quickly found out, fairly indispensable to the operations,
and we were able to gain their trust. We documented cash receipts and
disbursements, processes and procedures using flow charts.
The Jones
family office had developed some lax habits. It had never set up a standardized
system for administrative processes. Tasks such as recording cash receipts and
disbursements, account transfers and check reconciliation fell to whomever was
available to take care of the job when it came up. The investment transactions
were not being properly authorized or consistently reported.
A makeover, like any in-depth analysis, often prods the client into
making tough decisions. |
Solving
these problems was a matter of getting the office organized. We helped the
Joneses establish a process for recording cash. We advised them to designate
dual signature authority for checks or wires over a specific amount. We
recommended that they develop a written policies and procedures manual,
including processes to follow in case of any given individual’s absence. We
suggested that they take important paper files—scattered in a room that was not
fireproof—and convert them to digital files that would be protected by a
password and organized for easy access.
A more serious issue was the way the
Joneses were operating with the president as the only person with power of
attorney over all the trusts and business entities; he simply had too much
control over the family wealth. We said this authority should be divided among
several people, partly because even family members should be subject to checks
and balances, but also because every family office should have others who can
step in if something should happen to the president. This particular family
office head was not threatened by our injunction; in fact, he embraced our
suggestions because he was concerned about his fiduciary
liabilities.
The Joneses had an informal board of
directors voting on issues, but did not have a document to clearly define its
responsibilities. Nor did board members and trustees have liability insurance.
Each trust had two trustees, both family members. This meant that family members
with fiduciary power were making decisions for, in some cases, distant cousins,
many of whom were children. Someday these beneficiaries could decide that the
board and trustees had acted improperly in not preserving their capital and sue
them. We recommended that they consider adding a professional trustee to each
trust, get insurance for the board and trustees and, most importantly, consult
their lawyers.
Toward Outsourcing The concerns about the expense of the family office
were unfounded. It was serving a number of important functions, including
monitoring investments and creating economies of scale for the family so they
could access otherwise unavailable investments and advisors. While most of the
personnel were necessary to this effort, we did recommend that the work of two
in-house accountants be outsourced. We advised the family to at least outsource
tax return review and planning to a tax CPA who could provide fresh ideas, avoid
penalties and communicate regulatory changes.
A makeover, like any in-depth
analysis, often prods the client into making tough decisions. At other times our
advice just reinforces what a client suspected all along. We recently conducted
an assessment for another smaller family office with a manager who was a lawyer.
The manager had been handling back-office functions, preparing tax returns and
overseeing investments. He was, besides being overextended, not the
best-qualified investment advisor out there; the family’s portfolios were not
performing as well as they should have been. We found that this family office
would be much better off outsourcing most of the functions. They took our
suggestion and set up a virtual family office, with just one part-time employee
to manage bill payment, social calendars and other lifestyle concerns. Instead
of mediocre results, the family is now served by best-in-class investment, tax
and legal professionals.
Most family offices do not start with a business
plan. Family members simply get involved with various ventures and the
institution evolves. I have often seen family offices that seem like a
voluminous extension of the founding family member’s desk at home—full of
unorganized paper. For that reason, I tell clients to refer to their family
office with a corporate code name; you don’t have to make it official, but try
calling it something like the Jones Family Enterprise when you talk about it
with family members and employees. It is amazing how this helps you see the
family office as the business organization that it is. |