Investment in collectible assets is growing worldwide as wealthy individuals in emerging markets such as China, India, and Latin America join the ranks of collectors. While most collectors invest primarily for their own pleasure, collectibles can be a good investment, too. If you collect items that you’re passionate about—whether they are cars or wine or jewelry or even autographed baseballs—it’s important to consider the financial side of your avocation and how to maximize the investment value of your collection.
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It is an unfortunate fact of life that, as we age, our cognitive powers often decline. To assist people as they reach this stage in their lives, states provide a mechanism by which a person’s friends and family may petition a court to declare him or her incapacitated, and for the court to appoint a guardian to manage his or her affairs. While the guardianship process is meant to assist people in cognitive decline, it also exposes them to considerable risk. However, there are steps that you and your family can take to minimize those risks, including designating a preneed guardian.
Cloud-based applications, also known as Software as a Service (SaaS), offer significant benefits. They are highly affordable, require minimal IT involvement, have no hardware requirements, and offer great flexibility. Yet there can be significant risks to a firm if it does not review vendors carefully. Unfortunately, security controls vary significantly from one SaaS provider to the next. Knowing what to look for when selecting SaaS vendors and implementing sound security measures will help protect your firm against a data breach and the significant repercussions that come with it.
Commercial agreements come in a variety of types, but most have certain common provisions that should be carefully reviewed in the context of the underlying transaction covered by the agreement. When entering or reviewing one of these agreements, it is important to address the five key provisions that sometimes go unnoticed or are not given proper attention in the review process: (1) Confidentiality Provisions; (2) Indemnity Provisions; (3) Consequential and Special Damages; (4) Product Warranties; and (5) Audit Rights.
A significant step in the acquisition process is determining the structure of the deal. The two most common deal structures are: (1) the purchase of the ownership interests of the target (such as a stock deal), and (2) the purchase of substantially all of the target’s assets (or an asset deal). In an asset deal, the implication is that the target’s liabilities that are not expressly assumed by the acquirer remain liabilities of the target, and the acquirer will not have exposure to them. As a general rule, this is correct.
Wealth attracts attention and an increase in personal risk, including the risk of being kidnapped. Why then is there resistance to security among wealthy individuals and families, whether they come from security-savvy hedge fund managers or young parents of families with extensive financial holdings intent upon raising their children “like others” or “without special privileges”?
Strong cybersecurity for protecting sensitive client data is a critical capability for any Registered Investment Advisor firm. In 2013, Hardy Reed—one of the first firms to earn the Center for Fiduciary Excellence certification—considered cloud services as an option for its IT needs. They wanted to look at alternate options to replacing their in-house server. Two factors were particularly important: heightened security concerns for protecting client information and the need to enable advisors and staff to serve clients while on the road.
Cybercriminals targets the financial industry 300 times more frequently than any other industry, resulting in mega breaches and millions of records stolen through hacktivism, malware, social engineering, phishing, and other applications. The harsh consequences of remaining vulnerable to cybersecurity breaches are costly, and the number one threat to cybersecurity is the uninformed employee. As cybercrime becomes commonplace, it’s essential to learn about the current cybersecurity landscape, the tools a financial firm needs, and best practices for keeping your firm protected.
An unprecedented cyber theft transpired earlier this year, one as daring as it is revelatory. When unknown thieves siphoned $81 million from the Bangladesh central bank, by using the SWIFT system to trick the U.S. Federal Reserve into turning over the money, the criminals showed that hackers can exploit virtually every aspect of the global financial system. Ramifications for registered investment advisors and broker-dealers should be obvious. If some of the biggest financial entities in the world can find themselves involved in cyber breaches, so can your firm.
During the past year, financial institutions of all kinds have experienced repercussions from cybersecurity gaps. The alarming truth is that many broker-dealers have failed to stay up to date with cybersecurity controls and must swiftly get in compliance with all computer-related rules that the Financial Industry Regulatory Authority (FINRA) enforces or risk disciplinary action.