Type: Articles

Contingency Planning FAQ

What is a contingency plan? A contingency plan is an agreement between two or more advisors designed to protect your business in case of your death, disability (temporary or permanent), loss of license, and possibly even retirement (although most plans do not deal with succession planning). There are a variety of plan types to solve for these issues:

A Legacy Preserved Under Pressure

When Time Is Short, the Right Partner Makes All the Difference Succession planning after advisor death is one of the most urgent and complex challenges a firm can face. When a long-time Hawaii-based financial advisor unexpectedly passed away, their family was left with a major challenge: how to transition a complex, high value practice in under 60 days while mourning the loss of their loved one. Without a succession plan in place, the estate faced potential client attrition, lost value, an employee in limbo, a lease payment, and industry regulated complications. That’s when the family reached out to the deceased advisors’ Practice Management Consultant who referred to them to Succession Resource Group for help. The Challenge Following the sudden death of the advisor, the estate was left without a succession plan or an interim servicing advisor in place. The practice itself had a strong revenue base, generating $684,227 in revenue (79.0% recurring) and serving 248 households. However, it faced several immediate and significant challenges. Among these was an active lease obligation with 33 months remaining, adding financial pressure during a time of uncertainty. Coordination with the broker-dealer and regulatory compliance were urgently needed, further complicating the estate’s efforts to stabilize the business. The most pressing concern was the urgent value risk—without swift action and a clear strategy for succession planning after advisor death, the estate stood to lose everything. Compounding the situation was the vulnerability of a key, loyal employee, whose future with the practice was uncertain and at risk. These factors combined to create a highly complex and time-sensitive situation for the estate in identifying and implementing a succession solution. The Strategy In the wake of a sudden death, SRG launched its Seller Advocacy Program to guide the estate through the transition. Despite having limited data and no prior valuation available, SRG quickly created a prospectus that allowed the estate to take immediate action. Through targeted outreach, the team sourced 32 qualified buyers—specifically focused on local options—to ensure continuity and client familiarity. 10 finalists were interviewed and negotiated offers were considered, giving the estate meaningful choices rather than a rushed exit. Importantly, SRG positioned the practice for maximum value—not just a fast transaction—helping preserve the seller’s legacy while protecting long-standing client relationships. By applying their expertise in succession planning after advisor death, SRG brought structure, strategy, and compassion to the business transaction at a time when the family, employee, and clients needed it most. The Results 12% Over asking price 100% Cash down upon closing 3.1% Over industry recurring revenue multiples 33-Month lease obligation assumed by buyer 100% Fee to SRG paid by buyer 100% Staff retained by buyer Don’t Wait for the “What If” Be Prepared. Be Protected. What happens if life throws a curveball? Illness, injury, or worse—none of it waits for the right time. And when the unexpected hits, your clients, staff, and family may be left with more questions than answers. That’s why succession planning after advisor death is essential—not just for business continuity, but to protect everything you’ve worked so hard to build. Secure Your Legacy with SRG’s Contingency Retainer SRG’s Contingency Retainer is a proactive planning service empowers you to make critical decisions while you’re alive and well. You authorize a strategy to protect your business, define your wishes, and ensure your practice is positioned to transfer smoothly—no matter what happens tomorrow. Are You Interested in Entity Support? Let’s Talk. For our Premium and Elite clients, SRG handles this entire process: setting up the publications, securing affidavits, and preparing the Certificate of Publication form, so all you have to do is submit it to the NY Department of State. Book a consultation with our team today and let’s get started.

New York State Entity Publication Guide

Congratulations on forming your LLC with the New York Secretary of State! To help you meet the state’s requirements, we’ve outlined the steps below to guide you through the mandatory publication process.   Legal Requirement Under New York Limited Liability Company Law §206, within 120 days of formation or authorization, an LLC must publish a notice once each week for six consecutive weeks in two newspapers—one daily and one weekly—designated by the county clerk of the county in which the LLC’s office is located. A list of available publishers can be obtained from the county clerk’s website.   Publication Timeline Within 120 days after filing the Articles of Organization or Application for Authority with the New York Department of State, the entity must publish a notice in two newspapers. These newspapers are designated by the county clerk of the county where the entity’s office is located, as stated in the Articles or Application.   Newspaper Specifications One daily and one weekly newspaper must be used. Publications must run for six successive weeks. The content must be either a copy of the Articles of Organization or Application for Authority or a notice containing its substance.   Proof of Publication Obtain affidavits of publication from both newspapers. Complete a Certificate of Publication, which can be found on the following website: Link to Certificate of Publication Form. Mail these affidavits along with the Certificate of Publication and a check of $50 for the filing fee to: New York Department of State Division of Corporations One Commerce Plaza 99 Washington Avenue, Suite 600  Albany, NY 12231 For further details, visit the New York Department of State Division of Corporations website.   Are you interested in entity support? Let’s Talk. For our Premium and Elite clients, SRG handles this entire process: setting up the publications, securing affidavits, and preparing the Certificate of Publication form, so all you have to do is submit it to the NY Department of State. Book a consultation with our team today and let’s get started.

Selling to Your Kids? Why Family Deals Demand Extra Scrutiny

Selling your RIA practice to a son, daughter, or other family member might feel like a natural, low-stress transition, because there’s trust and familiarity. Many advisors assume they don’t need the same level of formality required of an outside RIA sale transaction. As a result they may skip a formal valuation, because they aren’t aiming for full value, or considering gifting equity. But this relaxed approach can open the door to tax exposure, compliance pitfalls, and long-term misunderstandings. In fact, intra-family sales demand more structure and care—not less—from both a practical and technical perspective.   Here are five details and considerations to keep in mind that make these deals uniquely complex and why they deserve extra attention: 1. Third-Party Opinion of Value Is Non-Negotiable Family transactions are subject to close IRS scrutiny, especially when there are gifts involved or the sale price appears below fair market value.   A credible, independent valuation is critical for: Establishing a supportable value of the business.  Reporting a defensible value for gift tax purposes Supporting installment sale terms Managing the optics with non-involved heirs or business partners   Using a third-party valuation firm ensures the agreed-upon price holds up under audit and provides a solid foundation for tax planning strategies. There are still tools at one’s disposal to influence or control the value, but doing so with an objective starting place—and with the correct strategy—will help ensure the RIA for sale is not recharacterized post-transition. Even if valuation isn’t the founder’s focus, it is still advisable to receive a formal valuation to avoid common post-sale pitfalls. Occasionally, advisors operating under an independent broker-dealer (IBD), inquire about simply ‘putting’ the business in the name of their son or daughter for no additional compensation to avoid formally “selling” or gifting. While it is possible to do at the IBD level, transferring an advisory business that has produced hundreds of thousands or millions of dollars of taxable income over the past decades, especially in an industry with a very active and well-known M&A market, is simply asking to be audited. 2. Alternative Financing Solutions For family business sales, there are unique financing options that can and should be considered. Self-Cancelling Installment Notes (SCINs) can be a powerful estate planning tool when selling to a family member. These notes are similar to a traditional promissory note, with the buyer/family member making payments of principal and interest out of cash flow, over some agreed-upon period. But, SCINs have a unique feature – the note can automatically terminate upon the seller’s death, potentially removing any unpaid balance from the seller’s taxable estate, without creating a tax liability for the buyer (the remaining debt outstanding at the seller’s passing isn’t forgiven, it simply terminates and ‘goes away’).     SCINs can be a useful tool for family succession, but their structure must be airtight:  SCINs need to include a “mortality risk premium” to offset the note’s cancelable feature – for example, a slight premium on the interest rate The valuation of the premium must be actuarially sound and based on health-adjusted life expectancy  The term of the SCIN should be within the actuarial life expectancy of the seller – for example, a note shouldn’t be 20-years for a seller that is 85 years old  The SCIN should be properly documented in value. The IRS will challenge and recharacterize notes that lack documentation or are undervalued   For sellers with impaired health or shorter life expectancy, this can be an efficient way to reduce estate tax exposure, but it must be coordinated with a valuation professional and tax counsel.  3. Gifting Equity to a Family Member – Employee Gifting the business, partial or full, to a child who is also a key employee raises serious issues under both the gift tax rules and compensation regulations. To qualify as a gift by the IRS, the gift should be detached and disinterested generosity – a tough argument to make when the family member is on payroll. If an owner gave equity to anyone else on payroll, it would clearly be treated as a grant, thus making the argument that a grant to an employee related to the owner should in fact qualify as a “gift” is problematic/risky.   Key considerations for gifting:  Is the equity truly a gift, deferred compensation, or a grant of non-cash compensation? Is the employee/family member receiving equity for “less than adequate consideration?” Can the gift be split with your spouse?  Can a minority interest be applied?     Many family businesses are surprised by the gifting/granting considerations and thus get blindsided. Even well-intentioned, informal transfers can trigger unintended tax consequences if not properly documented. 4. Formal Governance Protects Relationships and the Business A key mistake in family transitions is letting relational trust substitute formal governance.   When sharing ownership, with ANYONE (especially family), you need:  A detailed Partnership Agreement, Operating Agreement, or Shareholder Agreement A buy-sell agreement with clear terms  Defined roles and responsibilities for both generations  A succession plan that survives death, disability, or divorce  Mechanisms for resolving disputes (especially if other siblings are involved)    Even if the culture is close-knit, legacy issues, entitlement perceptions, and money create a combustible mix. The hope is that you will never need to consult any of these agreements, whether selling to a family member or anyone else, but it is advisable to have well-thought-out governance documents you don’t need, than the inverse. Clear documentation avoids family blowups later.  5. Don’t Assume One Buyer = One Option In some cases, it may be advantageous to split ownership. For example, gifting minority interests over time while selling controlling interest later or using a grantor retained annuity trust (GRAT) or family limited partnership (FLP) structure to transition wealth gradually while maintaining control. Each of these has technical hurdles but can open up estate planning advantages that a straight sale misses.  Bottom Line: Treat a Family Sale Like the High-Stakes Business Deal It Is  Selling an RIA to a family member is not a shortcut—it’s a high-wire act, with

12 Key Reasons to Assess Your Practice’s Value Annually

An RIA firm owner’s roadmap to increasing your firm’s value in a sustainable way that enhance your firm’s market value now and in the long-run. Succession Resource Group shares six ways firms can carve a path towards smarter growth, identifying levers for better business decisions that retain talented employees as well as ideal profit margins.

Six Ways to Increase the Value of Your RIA Firm

An RIA firm owner’s roadmap to increasing your firm’s value in a sustainable way that enhance your firm’s market value now and in the long-run. Succession Resource Group shares six ways firms can carve a path towards smarter growth, identifying levers for better business decisions that retain talented employees as well as ideal profit margins.

10 Tips for Selling Your RIA

An RIA firm owner’s roadmap to increasing your firm’s value in a sustainable way that enhance your firm’s market value now and in the long-run. Succession Resource Group shares six ways firms can carve a path towards smarter growth, identifying levers for better business decisions that retain talented employees as well as ideal profit margins.

The Future of Financial Advisory Firms

Here are the four pillars that stood out to our team as essential to supporting and accelerating high-performance wealth management firm growth. These pillars represent the trends, strategies, and opportunities that will influence independent financial advisors’ success in not only meeting but surpassing their annual growth goals.