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Best Practices: Bankers Agenda
Performance Enhancers
Gayle B. Ronan
12/01/2005

Noland recently shared his frustration over how difficult it is to run a comparison of fee structures against performance net of fees. He was conversing with fellow attendees at a conference sponsored by Private Client Resources (PCR), an information services company in Wilton, Conn., that helps clients compile all of their financial data in one place and benchmark it against that of other ultra-affluent investors. “Some 75 heads suddenly began nodding in agreement as I spoke,” he says.

TOP VIEW
Few advisors advertise that they will negotiate performance-based fees, but many will do so. These compensation agreements have some important advantages over simple flat fees and those based on a percentage of assets under management; primarily, when properly structured, they can align the advisor’s and client’s interests more optimally than other schemes. However, they are arduous to negotiate, and private investors must ensure they choose the right benchmarks on which to base their advisor’s compensation.
One of those who is in agreement is Chris Snyder, who became a cofounder of PCR because he thought there should be a mechanism for pulling together investment information and determining the value received for the fees paid. The firm is trying to develop a database over the next year or so that will allow clients to compare managers’ and advisors’ fees, with a goal of eventually linking fee arrangements to performance.

Such improved clarity could also provide impetus for change in the way fees are calculated. When investors can analyze their fees in the context of performance, they may have more incentive for demanding performance-based fees. Until it becomes crucial to attracting and retaining top clients, a change in status quo, for the advisory community, makes poor business sense.

However, that time may be nearing. “It seems clear that investors are beginning to get frustrated—both private and institutional—with the level of fees and the alignment of client/manager interests,” says David Blood, the former CEO of Goldman Sachs Asset Management who in 2004 cofounded Generation Investment Management, with offices in Washington, D.C., and London. Blood has been in the unusual position of creating an investment firm from scratch at a time of increased regulatory scrutiny and growing concern over conflicts of interest and transparency within the industry. As such, he and his partners considered their timing an opportunity to rethink traditional fee structures, and have made performance-based fees their standard practice.

However, from the perspective of most investment firms, a performance-based fee structure requires calculations that are so complex they would make the eyes of the average client glaze over. Fees based on assets under management, on the other hand, are both easy to calculate and to explain to investors: a predetermined percentage, often scaled to offer discounts on larger balances, multiplied by the client’s account balance as of a specific date. Such a fee structure is often sold to clients with the assurances that “if you do well, we do well.” If the company’s strategies work, the account balances of the clients will rise, leading to increased fee income for the advisor. It appears to be a win-win arrangement. However, while the AUM fee structure rewards an advisor for increasing client assets, it does so regardless of whether or not those assets increased because of outstanding performance on the part of the advisor. The assets under management may grow simply because of client deposits, reinvestment of investment income or even a rising market. It makes little difference whether the advisor is tracking, exceeding or trailing that market.

“...It isn’t exactly rocket science. It’s basic math. The incremental complexity is well worth it.”
For advisors who excel at gathering assets—that is, landing new business—it is a very winning arrangement. It has been argued that the AUM fee structure can inadvertently lead an advisor to focus more on marketing than on delivering the superior asset management services clients contracted for in the first place.

This potential for conflicts between client interests and those of the advisor contributed to the SEC’s gradual loosening of previous restrictions regarding the use of performance fees by registered advisors. In 1998, the agency even removed contract terms and disclosure restrictions with the goal of enabling any advisor of any size to introduce performance fee structures, as long as the client has at least $750,000 under management with the advisor or a net worth of at least $1.5 million—enough to ensure sufficient sophistication to enter into a negotiated fee agreement.
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