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  #26  
Old 10-14-2004, 05:48 PM
Tad Borek
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Default Re: SEC and State Registration as Investment Adviser (Was: I needa 2nd opinion)

HW "Skip" Weldon wrote:
- quote -

> The Investment Advisers Supervision Coordination Act, P.L. 104-290,
> authorized the SEC to cancel the registration of any IA that did not
> meet criteria for SEC registration that was ammended 7/8/97. After
> that date only certain IAs were eligible to maintain their SEC
> registration. There were several such criteria, one of which referred
> to having assets under management of $25 million or more.
> All of those IAs in 1997 who did not qualify had to terminate their
> SEC registrations and come under State control.
> At that time, I checked with our State and there was no requirement
> for State IAs to distribute Part II of ADV to clients. Again, State
> rules on this may vary.
> As far as I know, none of this has changed. On the other hand, I keep
> my copy of the old ADV handy just in case. <grin

Skip,
Sounds like things are different than here in CA. A lot of the rules
changed recently when we transitioned to online registration through Web
IARD. Part of the rationale was "coordinating with other states", the
idea that they wanted to be uniform & follow the overall scheme outlined
by NASAA, where everyone registers online thru Web IARD instead of
filing paper forms (at lesat for Part I, they don't have Part II online
yet).

But of course every state passes its own laws & regs so the specifics
end up different. Do you register through Web IARD? I was under the
impression that anyone could look up their state-reg advisor there but
it sounds like that may be different in SC?

-Tad

  #25  
Old 10-14-2004, 01:48 PM
BMS
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Posts: n/a
Default Re: I need a 2nd opinion on the advice of my Financial Advisor. (involves VUL and DI)

While I think from all that is posted that the VUL is a bad idea, the DI
insurance shouldn't be swept out in the same motion.

If you can accumulate enough assets to effectively self insure yourself in
the event of a disability such as a stroke, then don't bother with it.

But given the service you've gotten here, I'd shop it around carefully.

"Paul Michael Brown" <pmb[at]his.com> wrote in message
newsmb-1410040132060001[at]max1ka-3.his.com...
- quote -

> > With capital gains and dividends being taxed at 15% currently, "tax
> free" is not
> > as important as it used to be.

> This is a good point. I think many investors try so hard to avoid or defer
> taxes that they invest in things that are not suitable. Like tax-deferred
> annuities, variable universal life insurance, etc.
> > Investing in taxable, but tax efficient vehicles
> > such as low cost index funds or explicitly tax managed mutual funds can
> > have a
> > net return after taxes as good or better than annuities. They are also
> > more
> > flexible, there are no restrictions on how or when you can use the

> money, either
> > for a new car, house, sabatical or whatever.

> Another good point.
> I like broadly diversified equity index funds -- especially for somebody
> like the original poster who is: (a) young enough to tolerate the
> volatility, and (b) looking to diversify a portfolio that is currently
> heavy with investments in real property. I would recommend he put 80
> percent of the money he plans to invest in a Wilshire 5000 index fund, and
> 20 percent in an index fund that tracks the Europe, Australasia, Far East
> (EAFE) index. All the major mutual fund companies offers such funds. I'm a
> Vanguard customer because of their low annual fees.
> These are index funds, so they won't generate a lot of short term capital
> gains distributions that are taxable as ordinary income. Moreover, the
> Wilshire 5000 has a dividend yield of about 1.45 percent, which isn't too
> shabby. (Especially considering the favorable 15 percent tax treatment of
> dividends.) The EAFE fund won't generate dividends, but it will: (a)
> diversify the original poster's equity holdings internationally, and (b)
> do better when the value of the dollar is falling . With an 80/20 mix,
> the original poster will own just about every stock on the face of the
> planet that's worth owning.
> He should dollar cost average into these funds by investing a fixed amount
> once or twice per month. If he avoids selling any of his shares, his tax
> bill will be limited to the tiny amount he owes on the distributions. And
> if he holds any shares longer than a year before he sells, he'll only pay
> the long term capital gains rate -- which is a modest 15 percent.
> Finally, as the previous poster noted, investing in a taxable account
> gives you all kinds of options to use the money later on. Sure, it's great
> to let it grow for decades. But the original poster is a young man and
> it's entirely possible he'll need the money sooner than that to pay for a
> engagement ring, honeymoon, house down payment, or perhaps seed capital to
> start his own business. Having a substantial amount set aside in a taxable
> account means he can face his future without going into debt and that is
> truly smart.
> In summary: Why pay big commissions to some sales droid who's trying to
> force a square peg into a round hole? Forget about the VUL and the
> disability insurance. Instead, consider equity index funds.


  #24  
Old 10-14-2004, 06:43 AM
HW \Skip\ Weldon
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Posts: n/a
Default SEC and State Registration as Investment Adviser (Was: I need a 2nd opinion)

On Tue, 12 Oct 2004 12:16:03 CST, Tad Borek <borekfm[at]pacbell.netwrote:


- quote -

> You don't need to have any assets under management to trigger
> registration as an investment advisor. The uniform law is written
> broadly to include any advice related to investments that you charge
> fees for. Some people can claim exemptions if the work relates to
> another license (accountants, lawyers, stockbrokers, insurance agents)
> but those exemptions are pretty narrow. If someone is doing financial
> planning that isn't completely tied to that license (eg a tax law
> opinion done by a lawyer) and they charge fees they need to be an RIA, a
> registered investment advisor.


The Investment Advisers Supervision Coordination Act, P.L. 104-290,
authorized the SEC to cancel the registration of any IA that did not
meet criteria for SEC registration that was ammended 7/8/97. After
that date only certain IAs were eligible to maintain their SEC
registration. There were several such criteria, one of which referred
to having assets under management of $25 million or more.

All of those IAs in 1997 who did not qualify had to terminate their
SEC registrations and come under State control.

At that time, I checked with our State and there was no requirement
for State IAs to distribute Part II of ADV to clients. Again, State
rules on this may vary.

As far as I know, none of this has changed. On the other hand, I keep
my copy of the old ADV handy just in case. <grin


-HW "Skip" Weldon
Columbia, SC

  #23  
Old 10-14-2004, 06:43 AM
Paul Michael Brown
Guest
 
Posts: n/a
Default Re: I need a 2nd opinion on the advice of my Financial Advisor. (involves VUL and DI)

- quote -

> With capital gains and dividends being taxed at 15% currently, "tax
free" is not
> as important as it used to be.


This is a good point. I think many investors try so hard to avoid or defer
taxes that they invest in things that are not suitable. Like tax-deferred
annuities, variable universal life insurance, etc.

- quote -

> Investing in taxable, but tax efficient vehicles
> such as low cost index funds or explicitly tax managed mutual funds can have a
> net return after taxes as good or better than annuities. They are also more
> flexible, there are no restrictions on how or when you can use the

money, either
> for a new car, house, sabatical or whatever.


Another good point.

I like broadly diversified equity index funds -- especially for somebody
like the original poster who is: (a) young enough to tolerate the
volatility, and (b) looking to diversify a portfolio that is currently
heavy with investments in real property. I would recommend he put 80
percent of the money he plans to invest in a Wilshire 5000 index fund, and
20 percent in an index fund that tracks the Europe, Australasia, Far East
(EAFE) index. All the major mutual fund companies offers such funds. I'm a
Vanguard customer because of their low annual fees.

These are index funds, so they won't generate a lot of short term capital
gains distributions that are taxable as ordinary income. Moreover, the
Wilshire 5000 has a dividend yield of about 1.45 percent, which isn't too
shabby. (Especially considering the favorable 15 percent tax treatment of
dividends.) The EAFE fund won't generate dividends, but it will: (a)
diversify the original poster's equity holdings internationally, and (b)
do better when the value of the dollar is falling . With an 80/20 mix,
the original poster will own just about every stock on the face of the
planet that's worth owning.

He should dollar cost average into these funds by investing a fixed amount
once or twice per month. If he avoids selling any of his shares, his tax
bill will be limited to the tiny amount he owes on the distributions. And
if he holds any shares longer than a year before he sells, he'll only pay
the long term capital gains rate -- which is a modest 15 percent.

Finally, as the previous poster noted, investing in a taxable account
gives you all kinds of options to use the money later on. Sure, it's great
to let it grow for decades. But the original poster is a young man and
it's entirely possible he'll need the money sooner than that to pay for a
engagement ring, honeymoon, house down payment, or perhaps seed capital to
start his own business. Having a substantial amount set aside in a taxable
account means he can face his future without going into debt and that is
truly smart.

In summary: Why pay big commissions to some sales droid who's trying to
force a square peg into a round hole? Forget about the VUL and the
disability insurance. Instead, consider equity index funds.

  #22  
Old 10-13-2004, 02:55 PM
me@privacy.net
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Posts: n/a
Default Re: I need a 2nd opinion on the advice of my Financial Advisor. (involves VUL and DI)

- quote -

> I have two single family attached homes (Townhouses), they are

Not sure what single family attached homes are

Are they like duplexes?

  #21  
Old 10-13-2004, 02:55 PM
me@privacy.net
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Posts: n/a
Default Re: I need a 2nd opinion on the advice of my Financial Advisor. (involves VUL and DI)

- quote -

> I went to school on and off, but never really accomplished
> anything, I just wasn't motivated enough, I never knew what I wanted
> to do. I still don't! Hehe


Same here Daniel. Im 46 and at time don't know what I
"want"

But my hats off to you for having the vision to start
investing and acquiring assets NOW at your age. Cause
of al the factors involved time is the biggest and most
important one.

Im 46 and don't have the assets you have and only wish
Id had the vision that you have at your age.

So..... thanks for answering my somewhat "nosey"
questions.... but I was just curious as to how you have
acquired such a great start

Again..... KEEP up the great work!

  #20  
Old 10-13-2004, 02:55 PM
me@privacy.net
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Posts: n/a
Default Re: I need a 2nd opinion on the advice of my Financial Advisor. (involves VUL and DI)

- quote -

> Just wanted to comment that "just" high school may be enough, depending on
> the person. Remember, Bill Gates dropped out of college in his freshman
> year. I think Michael Dell did also.


Oh sure.... I agree!!

I was just curious how this young man did it. What his
circumstances in life are.

I wish Id had his "vision" at his age. <sigh
  #19  
Old 10-12-2004, 06:16 PM
Tad Borek
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Posts: n/a
Default Re: I need a 2nd opinion on the advice of my Financial Advisor.(involves VUL and DI)

HW "Skip" Weldon wrote:
- quote -

> Fee-only financial planning consultants (hourly rate or flat rate) are
> not required to register with SEC. Accordingly, they do not have ADVs.
> As for State registration, rules vary.
> Money Managers do have an assets-under-management requirement for SEC
> registration. As for State registration, rules vary.
> As for "fee-based", I am not sure what is meant. To me it refers to
> someone who is doing more than one thing. For example, he/she is both
> selling on commission and, separately, doing other things for a fee.


Skip,
I don't know the rules in your state but if you follow the uniform rules
(and I thought all states did by now, with only minor variations), your
advisors should have a Form ADV filed with either your state or the SEC
or both. ADV Part I is filed online now, and you can look any firm up by
following the links on www.sec.gov that allow you to research brokers &
advisers. That system includes both SEC and state-registered investment
advisers. Part II is in currently still in paper form and is the part we
need to hand to all clients under the "brochure rule."

You don't need to have any assets under management to trigger
registration as an investment advisor. The uniform law is written
broadly to include any advice related to investments that you charge
fees for. Some people can claim exemptions if the work relates to
another license (accountants, lawyers, stockbrokers, insurance agents)
but those exemptions are pretty narrow. If someone is doing financial
planning that isn't completely tied to that license (eg a tax law
opinion done by a lawyer) and they charge fees they need to be an RIA, a
registered investment advisor.

"Fee based" usually means someone who earns both fees and commissions,
and who is licensed accordingly.

OK that's enough legalese!

-Tad

  #18  
Old 10-12-2004, 11:36 AM
HW \Skip\ Weldon
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Posts: n/a
Default Re: I need a 2nd opinion on the advice of my Financial Advisor. (involves VUL and DI)

On Mon, 11 Oct 2004 18:57:56 CST, "BMS" <mcfarland[at]yahoo.com> wrote:


- quote -

> > > Then interview them, ask for their ADV, that explains how they make their
> > > money. If they hem and haw about not having an ADV or it's not worth
> > > looking at, probably somebody you don't want to waste time with.


> > The rules about ADVs vary by State. In my State, fee-only consultants
> > do not have ADVs because they are not registered with SEC.


> I thought a fee based consultant that had over 25 million in assets had to
> register with the SEC regardless of the state rule, SC different?


Fee-only financial planning consultants (hourly rate or flat rate) are
not required to register with SEC. Accordingly, they do not have ADVs.
As for State registration, rules vary.

Money Managers do have an assets-under-management requirement for SEC
registration. As for State registration, rules vary.

As for "fee-based", I am not sure what is meant. To me it refers to
someone who is doing more than one thing. For example, he/she is both
selling on commission and, separately, doing other things for a fee.


-HW "Skip" Weldon
Columbia, SC

  #17  
Old 10-12-2004, 10:09 AM
Daniel
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Posts: n/a
Default Re: I need a 2nd opinion on the advice of my Financial Advisor. (involves VUL and DI)

Tad Borek <borekfm[at]pacbell.net> wrote in message news:<f3zad.11598$nj.2340[at]newssvr13.news.prodigy.com> ...
- quote -

> Daniel wrote:
> > Does anyone know of any of these fee-based financial planners? Are
> > there any big name companies out there that offer those type of
> > services? I'm beginning to feel like I wasted a lot of money with the
> > firm I paid, and they are a very well known company.

> Daniel,
> Just a WAG but is this a name also associated with credit cards by chance?


You guessed right, and I only choose them because I knew the advisor working there

  #16  
Old 10-12-2004, 10:09 AM
Daniel
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Posts: n/a
Default Re: I need a 2nd opinion on the advice of my Financial Advisor. (involves VUL and DI)

"BMS" <mcfarland[at]yahoo.com> wrote in message news:<WYyad.159725$wV.98780[at]attbi_s54> ...
- quote -

> Talk with people who are successful and ask them, get names from your CPA or
> lawyer. They often work with a variety and have seen the good, the bad and
> the ugly.
> Then interview them, ask for their ADV, that explains how they make their
> money. If they hem and haw about not having an ADV or it's not worth looking
> at, probably somebody you don't want to waste time with.
> What part of the country are you in?



I do remember my planner showing me something along those lines,
stating they may receive commission from certain transactions or
opening accounts, I should have paid more attention to it.

I am in New Jersey, very close to Philadelphia

  #15  
Old 10-12-2004, 09:10 AM
Elizabeth Richardson
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Posts: n/a
Default Re: I need a 2nd opinion on the advice of my Financial Advisor. (involves VUL and DI)


- quote -

> And...do you not have any college background at all? Only high school?


Just wanted to comment that "just" high school may be enough, depending on
the person. Remember, Bill Gates dropped out of college in his freshman
year. I think Michael Dell did also.

Elizabeth Richardson



  #14  
Old 10-12-2004, 12:58 AM
Daniel
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Posts: n/a
Default Re: I need a 2nd opinion on the advice of my Financial Advisor. (involves VUL and DI)

me[at]privacy.net wrote in message news:<uuqjm0l9qia25ug7cn8cs3446po192lek9[at]4ax.com> ...
- quote -

> > , I used the equity in the home to buy the other
> > properties.

> What type of properties do u have?

I have two single family attached homes (Townhouses), they are
in lower income areas, the market rent through section 8 gives me
about $300 month income after my PITI is paid. I was going to buy 3-5
more, but I don't know if I can handle them without a property
manager, I figured i'd give it a year or so and see if these 2 go
well.

- quote -

> What do you mean you are in the mortgage business? can u explain?

I am a mortgage processor for one of the biggest lenders
around, so for me to obtain financing it's really not a challenge,
plus after doing this for years it only made sense to me to buy a home
as soon as possible.

- quote -

> And...do you not have any college background at all? Only high school?

I went to school on and off, but never really accomplished
anything, I just wasn't motivated enough, I never knew what I wanted
to do. I still don't! Hehe

  #13  
Old 10-12-2004, 12:57 AM
BMS
Guest
 
Posts: n/a
Default Re: I need a 2nd opinion on the advice of my Financial Advisor. (involves VUL and DI)

I thought a fee based consultant that had over 25 million in assets had to
register with the SEC regardless of the state rule, SC different?

"HW "Skip" Weldon" <skip5700removethis[at]hotmail.com> wrote in message
news:mhqlm0pni8g806odbic6i30smujsnl92uq[at]4ax.com...
- quote -

> On Mon, 11 Oct 2004 13:47:46 CST, "BMS" <mcfarland[at]yahoo.com> wrote:
> > Then interview them, ask for their ADV, that explains how they make their
> > money. If they hem and haw about not having an ADV or it's not worth
> > looking
> > at, probably somebody you don't want to waste time with.

> The rules about ADVs vary by State. In my State, fee-only consultants
> do not have ADVs because they are not registered with SEC.
> -HW "Skip" Weldon
> Columbia, SC


  #12  
Old 10-11-2004, 10:47 PM
Valueinv
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Posts: n/a
Default Re: I need a 2nd opinion on the advice of my Financial Advisor. (in

Dan,
You would not want to lock yourself into a VUL or an annuity at our age.
Your next option should be a taxable brokerage account: Invest in
Individual stocks held over one year (unless you see a tremendous gain),
Low-turnover stock funds and Short/Intermediate term ind. muni’s or muni
funds. This way your money is readily available for potential future
investments outside the account if they surface- such as: more investment
real estate, a start-up business, paying off some of the 3 mortgages you
currently hold and etc. Suggestion: Do your own DD, and start to manage
your own investments.

Dan M.


  #11  
Old 10-11-2004, 09:50 PM
HW \Skip\ Weldon
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Posts: n/a
Default Re: I need a 2nd opinion on the advice of my Financial Advisor. (involves VUL and DI)

On Mon, 11 Oct 2004 13:47:46 CST, "BMS" <mcfarland[at]yahoo.com> wrote:


- quote -

> Then interview them, ask for their ADV, that explains how they make their
> money. If they hem and haw about not having an ADV or it's not worth looking
> at, probably somebody you don't want to waste time with.


The rules about ADVs vary by State. In my State, fee-only consultants
do not have ADVs because they are not registered with SEC.

-HW "Skip" Weldon
Columbia, SC

  #10  
Old 10-11-2004, 07:47 PM
BMS
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Posts: n/a
Default Re: I need a 2nd opinion on the advice of my Financial Advisor. (involves VUL and DI)

Talk with people who are successful and ask them, get names from your CPA or
lawyer. They often work with a variety and have seen the good, the bad and
the ugly.

Then interview them, ask for their ADV, that explains how they make their
money. If they hem and haw about not having an ADV or it's not worth looking
at, probably somebody you don't want to waste time with.

What part of the country are you in?

- quote -

> Does anyone know of any of these fee-based financial planners? Are
> there any big name companies out there that offer those type of
> services? I'm beginning to feel like I wasted a lot of money with the
> firm I paid, and they are a very well known company.


  #9  
Old 10-11-2004, 06:05 PM
Tad Borek
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Posts: n/a
Default Re: I need a 2nd opinion on the advice of my Financial Advisor.(involves VUL and DI)

Daniel wrote:
- quote -

> Does anyone know of any of these fee-based financial planners? Are
> there any big name companies out there that offer those type of
> services? I'm beginning to feel like I wasted a lot of money with the
> firm I paid, and they are a very well known company.


Daniel,
Just a WAG but is this a name also associated with credit cards by chance?

I agree with the other post, that you apparently aren't talking to a
financial advisor, but rather a sales representative of an
insurance-focused firm. If you go in saying that you have extra money to
invest, and end up with a plan for VUL and DI without any investing
alongside that - and especially, if you're 23 and not a
very-high-bracket earner - something's up. You might end up with VUL but
it's not an investment - it's life insurance. For most people it's way
down on the list, frankly, for someone who has only a 401k Roth and
investment real property.

If you're looking for a fee-based planner the first thing I'd suggest is
asking around for a referral - that'll always save you some steps.
Failing that you might try to find one in your area through:
http://www.fpanet.org/

That group administers the CFP (Certified Financial Planner) trademark
and you can find a list of them on the site. Be aware that some CFPs
come from a pure insurance background, others work at brokerage firms,
others are independent, so the CFP mark alone won't necessarily find you
a different answer. You should check out a couple of firms to see which
one's approach you like the best.

-Tad
(disclosure: I'm an investment advisor, though not a CFP)

  #8  
Old 10-11-2004, 05:41 PM
Douglas Johnson
Guest
 
Posts: n/a
Default Re: I need a 2nd opinion on the advice of my Financial Advisor. (involves VUL and DI)

dan.gosser[at]comcast.net (Daniel) wrote:

- quote -

> The main point of the advisor is that the money is accumlating tax
> free, almost like a roth IRA, only with the added benefit of the
> insurance part (which I don't need.) They are focusing on the tax
> benefits, and state that this is the best option for me.


With capital gains and dividends being taxed at 15% currently, "tax free" is not
as important as it used to be. Investing in taxable, but tax efficient vehicles
such as low cost index funds or explicitly tax managed mutual funds can have a
net return after taxes as good or better than annuities. They are also more
flexible, there are no restrictions on how or when you can use the money, either
for a new car, house, sabatical or whatever.

- quote -

> -The other item they are pushing is Disability Insurance. I am
> currently employed full time, and through my employer, have Disability
> insurance at 66% of my base pay, which would be sufficient should
> something happen. They of course tell me that if I was unemployed or
> self-employed, I wouldn't be able to, or would have a hard time
> applying for disability insurance.


I'm self employed and had no trouble buying disability insurance. At your age,
I think it is very important to have (until you have enough assets that you
don't need to work). But if you have it from your employer, you're covered.

- quote -

> I initially wanted to keep buying more real estate, because for about
> $5000 out of pocket, I can get into these rentals earning about $3000
> or so a year after expenses, not to mention tax benefits,
> appreciating, and or course the principal of the mortgage being paid.
> However they are stating to stop buying real estate, because too much
> of my net worth "Pie Chart" shows in real estate.


Diversity in investments is very important. I had a friend who was doing very
well in real estate. He used essentially the same strategy as you are. He
filed for bankrupcy when the Texas real estate market collapsed in the 80's.

-- Doug

  #7  
Old 10-11-2004, 10:05 AM
me@privacy.net
Guest
 
Posts: n/a
Default Re: I need a 2nd opinion on the advice of my Financial Advisor. (involves VUL and DI)

- quote -

> , I used the equity in the home to buy the other
> properties.


What type of properties do u have?

Duplex for rentals maybe?

 

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