Posts Tagged Fidelity Investments
TD and Fidelity Win Top Honor as Advisors’ Most Trust-Friendly RIA Custodians
Posted by Scott Martin in News on October 9, 2010
Looking for an RIA custodian that supports trust accounts? Our survey reveals that Fidelity and TD Ameritrade in particular have come a long way to provide a flexible trust platform that really helps advisors.
A decade ago, all an advisor had to do was provide financial planning and wealthy clients unhappy with wirehouse service would come rolling in. But value is the key word in today’s custody vendor consideration.
Trust services have become a key differentiating factor, and all four of the major custodians — TD Ameritrade, Fidelity, Pershing and Schwab — now provide plenty of institutional support to their affiliates who want to incorporate trust in their business.
“We know that this is an important need for advisors,” says Matt Judge, head of TDA’s wealth management solutions group, adding that “the high-net-worth clients are definitely looking for this and going to advisors who can provide it.”
In fact, Judge estimates that 20% of the assets on the $100 billion TDA custody platform, or about $20 billion, is in now in “some kind of trust account.”
Based on conversations with other custodians, that’s probably the leading edge of the industry. For example, Fidelity, with $300 billion on its RIA books, only reports about $6.6 billion in advisor trust assets.
But the real story is how fast the numbers are growing as advisors wake up to the possibility that they can now put their hard-won clients’ money into a trust without losing the account to a traditional bank trust department.
At Fidelity, trust assets doubled over the last 15 months, says spokesman Steve Austin.
With all four of the big custodians actively competing with each other to offer the best trust platform, strategies vary. This year, TDA wins the trust-friendly prize because its trust support can match any of its competitors, even though we ranked it so low last year.
Fidelity is close behind with the most extensive “a la carte” approach, while previously top-ranked Pershing and Schwab — each of which still offer high-quality trust hosting service — slip down the list primarily because they have not been innovating as aggressively.
|
Trust Friendly RIA Custodians |
||||||||
|
Custodian |
Trust Provider |
Architecture |
Marketing Support |
GST Exempt Trusts |
Asset Protection Trusts |
Directed Trusts |
State Tax |
Score |
|
Trust Network |
Open |
Yes |
Yes |
Yes |
Yes |
No |
6 |
|
|
Varies |
Open |
Yes |
Yes |
Yes |
Yes |
No |
6 |
|
|
Trust Network |
Open |
Limited |
Yes |
Yes |
Yes |
No |
5 |
|
|
Charles Schwab Bank |
Closed |
No |
Yes |
Yes |
Yes |
No |
4 |
|
|
Source: Internal Research. ©2010 TheTrustAdvisor.com |
||||||||
TD AMERITRADE
Although TDA built out its in-house trust operation two years ago through its $225 million acquisition of Fiserv, that business — now rolled into the Maine-based TD Ameritrade Trust Company — primarily caters to retirement plans.
Since retirement accounts operate on a tax-deferred basis, Maine’s state income tax is not a downside factor here. And at this end of the trust business, the ability to offer asset protection, dynastic trust or other sophisticated vehicles that are not available in Maine is irrelevant as well.
For affiliated RIAs, TDA refers trust business to various directed trust service providers, including Advisory Trust Company and Wealth Advisors Trust. Based in Delaware and South Dakota, respectively, they can support all major trust types and do not subject clients to state income tax.
TDA is talking to a few additional trust companies to join its network and add to the menu of options that affiliates can choose from. They promised us an announcement could come soon.
However, if an advisor has a favored trust company outside the network, TDA will accommodate the accounts and any assets in them, Matt Judge says.
“It’s a truly open architecture,” he explains. “While we have partners to refer an advisor to, we can work with anyone that you want to work with.”
In theory, these third-party trustees could even be traditional bank trust departments or outside wealth managers, but Judge recognizes that advisors usually view these trust providers as potential competitors.
“Our partners focus only on the RIA market and don’t compete on advice,” he says. “Advisors retain the responsibility of managing these assets.”
TDA provides extensive marketing and educational support — including a monthly webinar and breakout conference sessions — for advisors looking to either add trust to their business or beef up their existing trust activities.
FIDELITY
Fidelity takes a segmented approach, giving affiliated advisors a tiered menu of ways they can structure their trust relationships.
At the most simple, Fidelity is happy to wrap trust assets into an RIA’s main brokerage statement and let the advisor act as trustee. This option is becoming a lot less popular after Rule 206 clamped down on the practice, but Deborah Gaff, the head of Fidelity’s trust services unit, tells me she still sees it from time to time.
Next up the pyramid, the company will act as agent for an advisor who is somewhat comfortable as trustee but still needs a little help running the disbursements and other transactions. At this level, each advisor effectively gets a dedicated trust officer to backstop the accounts.
For those who want to totally divorce themselves from the trustee role, Delaware-based captive Fidelity Personal Trust Company will take over as corporate trustee. All accounts are directed — the advisor is clearly spelled out as the investment manager of record.
Fidelity Personal Trust supports all major types of trust except special needs trusts, in which the firm prefers to act as an agent for a family member, Gaff says.
Finally, Fidelity will refer advisors to its own growing network of independent trust companies, which include First American Trust, Colonial Trust, Santa Fe Trust, and others.
In any event, the company has ramped up its marketing support for affiliates who want to offer trust to their clients and prospects.
PERSHING
The smallest of the four major custodians, Pershing still shines by pioneering the “trust network” or open architecture approach to trust services.
Like TDA, the company has no true in-house trust company that faces the advisory channel. Instead, affiliates are referred to various directed trust vendors: Advisory Trust, Reliance Trust, Santa Fe Trust and Wilmington.
Between them, they provide all major trust types and will serve a wide variety of accounts.
While the network remains great, Pershing slips down the list this year simply because its competitors have adopted many of its best features.
At this point, open architecture is no longer a differentiator but a de facto industry standard, and we look forward to seeing how the company innovates next year.
SCHWAB
Although Schwab is by far the biggest RIA custodian with 5,500 affiliates and $600 billion on its platform, it is also the only one that has maintained a closed shop where trust assets are concerned.
Rather than give affiliates a choice, the default option is to run trust options through Delaware-based Charles Schwab Bank. (Charles Schwab Trust Company is also available to handle retirement plan accounts.)
Alternative assets remain a sore spot for many Schwab advisors and a potential loophole in this system.
Theoretically, Charles Schwab Bank can handle real estate, limited partnerships and other non-traditional assets that have become popular in personal trust accounts. However, the company’s recent back-and-forth policy on whether it would support these assets on its brokerage platform has shaken RIA confidence in how well they will be able to integrate these trust assets into their overall book of business.
To avoid the angst, advisors may look into setting up trust accounts through Millennium Trust instead. Schwab picked Millennium to provide custody of alternatives “orphaned” by its initial decision to dump these assets, and the platform should still mesh well with Schwab’s system.
Scott Martin, contributing editor, The Trust Advisor Blog. Steven Maimes contributed to the research and reporting.
Are Directed Trusts Too Good to Be True?
Posted by Jerry Cooper in News on February 5, 2010
Decade-old trust feature that splits trustee and advisor into separate operations has become accepted practice for banks and trust companies nationwide; but questions remain: will they last?
On the surface, directed trusts are an obvious win for everyone. Splitting the administration of a newly created trust from the responsibility of managing the assets within it lets legacy advisors keep their accounts and custody provider—such as Schwab or Fidelity. Trustees avoid the headaches of managing exotic assets, while their clients can feel secure knowing that experts are in charge of every aspect of their wealth.
Jeffrey Lauterbach gets credit for turning the concept into a trust operation that propelled his firm, Capital Trust, from zero to $6 billion in trust assets in six years. “It was always market driven,” he told me in a recent interview. “Advisors told us want they wanted, and we delivered.”
Lauterbach sold his operation in 2005, which was subsequently sold to Wilmington Trust in 2007. He added, “Wilmington tried to make a go of it by itself, but didn’t stick with it long enough to make it work. We did”
Today, firms like Advisory Trust of Delaware (Capital Trust’s successor, owned by Wilmington Trust), Santa Fe Trust, Reliance Trust and Wealth Advisors Trust Company of South Dakota are actively courting advisors who want to add value without handing off the relationships they’ve worked so hard to build. Fees are generally split between trustee and investment manager, which helps make sure everyone stays happy.
These advisor-oriented trust companies are also promoting the directed trust model directly to wealthy people who may benefit from a trust but don’t feel like handing the reins of a family business, for example, to a relative stranger who knows nothing about how to keep the business going. In these cases, setting up a directed trust lets insiders stay in charge and still enjoy the other advantages of ownership under the trust structure.
“A corporate trustee doesn’t want to get involved in running a closely held business, and families don’t want corporate trustees interfering in a lot of their decisions,” trusts and estates lawyer Bruce Stone told Lawyers USA (a professional monthly for the legal profession) back in 2007. “With a directed trust, the corporate trustee only has to do certain things.”
Liability in the Details
So far so good, but if things go wrong, the question of who gets blamed still gets decided on a state-by-state basis. The limits of a trustee’s responsibility to monitor the advisors assigned to direct the trust’s investments are often nebulous, and some have been sued for failing to spot and stop misconduct fast enough.
It’s a controversial topic even among The Trust Advisor’s readership. When we posted back in January our analysis of the most trust-favorable states, estate planners piped up with corrections.
“In your chart, you indicated that Florida doesn’t have a power to direct,” wrote Lester Law, a senior vice president at U.S. Trust Bank of America Private Wealth Management working in Naples, Florida. “Can you review the … statute and let me know what you think?” And Boulder, Colorado attorney Scott Robinson alerted us that “The chart indicates that Wyoming does not have a directed trust statute. Wyoming does in fact have such a statute.”
Two Approaches
In an influential 2007 white paper on the subject which may be downloaded, ”Directed Trusts: Can Directed Trustees Limit Their Liability?,” trust guru Richard Nenno, a managing director at Wilmington Trust Company of Delaware, divides the roughly 30 states that allow directed trust arrangements into two main groups. Most (including, according to the white paper, Florida and Wyoming) followed the approach laid down by Section 808(b) of the Uniform Trust Code.
In these states, trustees have to monitor what’s going on in the investment side and step in if the terms of the trust are in danger of being broken. This means the trustee’s potential liability still exists—in whole or in part—even though the work of managing the assets has been assigned to someone else. “Unless the governing instrument provides otherwise, a directed trustee must devote considerable resources” to the job, Nenno writes. In plainer terms, in these states, second-guessing the legacy money manager can be a grind.
However, other states, including Delaware, South Dakota and most of the Trust Advisor top tier, take what Nenno calls “a more protective approach” based on statutes that go beyond the UTC. In these states, trustees are held more-or-less blameless for anything that goes wrong in an area the trust grantor explicitly assigned someone else to handle.
Utah, for example, assigns directed investment advisors separate fiduciary responsibility; the trust company is almost completely off the hook for following the advisor’s investment calls except in cases of gross negligence or willful misconduct.
In these states, Jeff Lauterbach told The Trust Advisor, it’s cut and dried. “The trustee was directed to do something and the trustee did what he was supposed to do, he’s not liable. The advisor’s liable.”
“A Competitive Issue”
Whether a state has been content to go the UTC route or opted for more comprehensive directed trust rules can make or break its ability to support advisors cultivating directed trust arrangements. Joan Crain, a senior director at BNY Mellon Wealth Management in Fort Lauderdale, told Lawyers USA that it’s “a competitive issue” and that the 2007-era Florida rules didn’t go far enough to protect trustees.
“You still have the duty to oversee, to monitor, to intervene,” she said. “The directed trustee statutes in the few states that have strong ones are explicit as to the lack of responsibility on the part of the trustee for reviewing the actions of the investment manager.”
Even in relatively protected states like Delaware, where directed trust statutes go back to 1986, lawsuits still happen. Nenno’s own Wilmington Trust was a defendant in 2004 after the securities lawyer directed to oversee a trust’s assets sued the trust company for following his advice. The court found Wilmington blameless, noting that the investment advisor was happy to collect management fees and so was implicitly accepting the wages of failure.
As Leo Strine, the court chancellor who heard the case, summed up: “Had he wished for Wilmington Trust to be investment advisor to run a high-risk portfolio, I’m sure Wilmington Trust likes to make money. It would be willing to do it. It costs a lot more.”
Jerry Cooper, senior editor, The Trust Advisor Blog. Scott Martin and Steven Maimes contributed.
