The Importance Of Governance In Succession Planning
For most entrepreneurs, it has become vitally important that the wealth accumulated over a number of years is not dissipated by the successive generations. For this reason, effective succession planning is now the single biggest issue for many wealthy individuals who are serious about ensuring the successful transition of wealth from one generation to the next. However, these same wealthy families face a growing number of choices and challenges not only in relation to the ongoing management of the assets, but also in ensuring that their shared values and vision can be safeguarded and that the agreed objectives of the family members are met.
In this respect, the Family Office or Private Trust Company has developed to become a platform that can provide the ideal mechanism to preserve and enhance the value of the family wealth. However, this can only be effective if there is proper governance in place.
So what is governance?
A key element is to have a structure that will allow the family members to participate in the ongoing management of the family wealth but within an environment that is wholly supportive and providing an educational framework for, in particular, the younger family members.
A growing feature of these structures is the creation of a family council that is an organised forum allowing family members to interact directly with their professional advisers including the fiduciaries, legal counsel, tax advisers and investment managers.
The family council would be responsible for:
Developing a code of practice that establishes the mechanism for the family members and the advisers to interact together
Centralised control of the management of the family wealth both during and after the lifetime of the Settlor
Establishing the family values and vision which all members should follow so as to ensure that the family identity is maintained
Providing a mechanism for decision making on any key issues
Providing guidance on the distribution policy
Establishing the investment policy and performance monitoring
Providing the mechanism for agreeing the transition of assets from one generation to the next
Providing a forum for the education of the family on the responsibilities of wealth management
Allowing family members to be brought into key positions on a planned basis
Ensuring equitable treatment of the family members
Encouraging a sense of responsibility amongst the family members
It is the development of an effective working relationship between the family members and the advisers that make this structure really effective. In addition, any one of the advisors may be selected to play a key role in facilitating discussions between family members and helping the family to create good governance.
A good facilitator will ensure that the process continues to develop whilst allowing family members the opportunity to articulate their own vision for the family’s future.
By having a good governance structure, the family members are more likely to see themselves as stewards of the family’s wealth and work together to preserve and grow this for the collective good of the family.
Without developing such a structure there is a risk that important decisions are made without due and proper consideration, which in turn may undermine the unity of the family. A lack of governance leads to the family’s wealth not being optimised and, in many cases, being eroded and wasted.
When the family wishes to organise the management of assets for future generations, but individuals within the family have differing objectives and views, family governance becomes particularly necessary. Governance is more than just a structure as it requires the establishment of a process for decision making that helps to avoid any potential conflict.
So how can Close help?
Asset Protection – we can provide the secure custody platform for the safe keeping and monitoring of the family wealth. This is essential to provide peace of mind to all the family members.
Asset Management – we can monitor the performance of the underlying assets and provide independent and consolidated reporting as necessary. We can also assist in developing solutions to ensure that the needs of the family are met.
Real Estate – we can provide the necessary oversight for the purchase, management or sale of any real estate on a global basis.
Education and Mentoring – we can provide the experience and knowledge to act as Mentor to the family members and to assist them to develop the skill set and the sense of responsibility for them to act as Stewards of the family wealth.
Governance – help establish the family council and provide independent and impartial advice based on solid fiduciary practice and experience. We can help establish policies and processes that include:
The family vision and values
A system of representation
Delegation of authority
Succession provisions
A mechanism for resolving disputes
The education of family members about managing wealth
Consideration should be given to the Family Office or Private Trust Company being overseen by an independent board that should consist of both family members and non-family members, whom should be able to provide an unbiased and objective view
Assist with governance and succession planning ensuring that the goals and values
of the family continue through the generations. This is particularly important when the influence of the Settlor is no longer available
Trusts are intended to enhance the lives of the family members whether young or old. However, this aim can only be achieved when combined effectively with sound governance policies and practices. In turn this will facilitate the enhancement of the family wealth and the successful transition of that wealth to the next generation.
Keith W Graham
Managing Director – Trust and Fiduciary
Jersey, Guernsey & Isle of Man