Unfortunately I think with this blog post I bring bad tidings.
I think it has been well documented that many IFAs do not intend to continue with their business post RDR. Instead for the majority the plan seems to be to build up as much trail or renewal commission within the business with the intention of building up its value with the ultimate aim of a profitable sale just before RDR hits.
With the logic of the pre-RDR world that a business is valued based upon its level of renewal or passive income and the FSAs assurances that any trail arrangements put in place before the RDR curtain falls would be regarded as historic and in some way protected.
This logic still stands up if your intention is not to retire but rather continue with the growth of the business however it falls down if you plan to retire! The FSA have indicate that in the post RDR world that every new client must agree their remuneration with their adviser and that on a transfer of Agency, trail will not be automatically transferred on to the new adviser who must instead put together a remuneration agreement with his new client.
If the above seems a little unclear let's try and talk it through with a few worked examples.
Example One: Sole Trader
So you are a sole trader you have spent the last 20 years building your business and have a great healthy renewal base of £50,000 per year between now and 1st January 2013 you have decided to forgo all initial commissions on new business instead opting for the maximum levels of renewal that you can obtain to "build the value of the business" as all the life office reps have been telling you to.
So as 1st of January 2013 rapidly arrives you start looking for a buyer, which I suspect might be tough enough as I think sellers will outnumber buyers at least 2 to 1, only to find that most regard your business as valueless as they realise that when they transfer the agency if it isn't processed before the 1st of January 2013 they will never receive a penny of renewal from the new client base!
And you might be thinking that it never takes long to transfer an agency - but what about when 5,000 advisers are getting out of the industry all at once!
Example Two: Limited Company
So you think you have the solution you will do exactly as you have in the sole trader example but become a limited company and then rather than sell and transfer the client bank you will sell the ltd company and thus no agency transfers are needed.
Except for the limited company to remain in receipt of trail commission it has to remain registered and regulated by the FSA, how is the buyer going to do this? I'm assuming that the buyer is likely to be an already operating IFA here, but they won't be able to be registered as an adviser with both companies! Nor will they be able to risk transferring their client bank in to your company without putting their own trail in jeopardy.
I'm sure that some of you will be thinking I just have to sell early but ask yourself this question - why would someone want to buy your renewal base at the prices currently being paid knowing that there is a very good chance post-RDR that they will not be able to sell them on?
It seems to me as a potential buyer, I'm only 30 and not quite ready to pack in yet, that the only value your business/client bank is really going to have is the good will that it brings.
Everyone that is planning on retirement has to take a good hard look at their plan for getting out of the industry and ask themselves the hard questions about what their business is worth and how they can effectively sell it when they retire.
Obviously this is still all up for debate, as RDR is yet to be fully settled. Your comments on this would be great, use the form below!
John Bloomfield
John Bloomfield is an Independent Mortgage & Financial Adviser, and founder of both Sesame Forums and Adviser Forums
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11 comments
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Tuesday, 13 July 2010 15:43
posted by
John J Bloomfield
@ Colin
I May be wrong but I think Network members are safer as the renewals would continue to be paqid to the network after their retirement and Sesame are contractually obliged to pass it on, and of course renewal/trail put in place before 1/01/2013 does not have to be justified.
If the network went under however this would be different story I wonder how low down the list of creditors the administrators would place retired advisers awaiting renewal? and if the network lost it's authorisation the renewal would dispaear anyway! -
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Tuesday, 13 July 2010 15:42
posted by
Colin Palmer
I reckon its got to be a signature and a full service and payment agreement in place. If your fee agreement states what youre going to do and how youre going to do it and what youre going to get paid then youre OK. Youve just moved to a fee basis and the FSA will love you. zero cost to you and client and your business could have a value. Thats how I see it-youre just a couple of years ahead of what youre going to have to do anyhow.
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Tuesday, 13 July 2010 15:41
posted by Tim Harvey
I reckon its got to be a signature and a full service and payment agreement in place. If your fee agreement states what youre going to do and how youre going to do it and what youre going to get paid then youre OK. Youve just moved to a fee basis and the FSA will love you. zero cost to you and client and your business could have a value. Thats how I see it-youre just a couple of years ahead of what youre going to have to do anyhow.
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Tuesday, 13 July 2010 15:40
posted by
John J Bloomfield
@ Keith
Not purporting to have all the answers on this one in anyway but I wouldn't have thought that posting out new T&C would really cut it as the client has to "Agree" thus you will need a signature and to advise the life office of what it is and also demonstrate what your doing for it.
And I don't think CAR can be back dated, in as much as if it is already in payment it doesn't count, but maybe I am wrong? -
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Tuesday, 13 July 2010 15:38
posted by Keith Smith
Any thoughts on what the position would be if every client where trail commission is being received is sent new terms and conditionsby post, effectively changing the income received from commission to CAR by default, or would every client have to sign and agree.
If Banks and Credit card suppliers can change their terms and conditions by simply sending new ones in the post, what can't an IFA. Or is that too simple. -
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Tuesday, 13 July 2010 15:38
posted by Tim Harvey
Very good points. I am one of those with a high % of fund based trail commissions (about 65% of turnover) and I have been saying that other than to me it has no value for a sale. I seem to bump into many IFAs who think their businesses have a value. I think that nearly all do not.
I think there is a solution tho'- move clients from trail commissions to CARs of the same amount. It will take a while but over 2 years worth of reviews should allow most to address this. What do others think (provocative posting :lol: )