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Family Offices - The Swiss Perspective
Anna Steward
Charles Russell LLP
20 November 2013
The following article
on the family office industry is by Anna Steward of the international law firm . The editors of this publication greatly value
these insights but as ever do not necessarily share all the opinions contained
in the piece, and we invite readers to send in their views. The term “family office” can mean any number of different
structures or arrangements. These may be
either institutional or independent and represent single or multiple families. In Switzerland there has been a recent
trend for families to look at options for a structure over which they have a
substantial level of control through which to manage their investments as well
as day to day matters which may affect the family. Multi-family offices are becoming more and more popular with
high net worth families looking to bring about a smooth cross-generational
transfer and keep an eye on costs by achieving economies of scale. In particular where the retention of a family
business is not viable in the context of particular family circumstances (if,
for example, the next generation carve out independent careers), giving rise to
a dramatic increase in liquidity, the use of a family office structure to
manage the family’s wealth in the long term can offer the right balance of
independent management with an ultimate retention of oversight and control particularly
from an investment perspective. If the
family is the ultimate employer the incentive as well as the style of
investment may be a little more focused than in the case of an independent
investment manager/advisor. All change in Switzerland? Despite fears that Swiss banking secrecy is being slowly
eroded, Switzerland
remains a popular centre for the management of wealth for high net worth and
ultra high net worth individuals and families. The banking industry, while under increasing
pressure from foreign tax authorities, has a tradition of high standards and quality
of service and still attracts highly qualified and talented individuals to its
ranks. The larger Swiss banks themselves
offer varying forms of family office platforms which, alongside the investment
management and advisory services offered, include long term wealth planning,
philanthropic incentives and “training” for the next generation. Why a family office? In addition, families are increasingly looking to solutions
provided either by a single family office structure (generally for larger
families) and multi-family offices which provide anything from pure investment
services to a full family office service.
Multi family offices in particular have had to adapt to the expanding
needs of high net worth families and in particular to the requirements of
several generations. As well as investment services and trustee services,
family offices are increasingly providing family “concierge” service. These can range from the payment of monthly
bills for families, arranging travel and personal security, employing staff on
a worldwide basis, looking after travel arrangements, children’s schooling and
managing international property portfolios and often yachts and aircraft. Families might consider a single family office to enable
co-ordination of policy and investment strategy, particularly after a high
value liquidity event such as the sale of the family business. Long term the goals of a single family office
are generally investments in line with the family’s policy and strategy and,
more importantly, wealth preservation.
Multi family offices have tended to focus more on business
opportunities. This article looks at
issues which are affecting both single and multi-family offices. Wealth preservation
rather than fiscal planning With the advent of global initiatives on tax transparency
including Group of Twenty and FATF and the ever growing network of tax information exchange
agreements and double taxation treaties, it is no longer possible to avoid tax
on a global scale. Whilst tax mitigation
remains important, families are focused more than ever on long term, tax
compliant wealth preservation and cross generational planning. Previously, family offices were viewed much more as
independent investment platforms for clients who wanted to keep control of the
general strategy and have funds invested across a number of different financial
service providers but through a centralised mechanism whereby they could
structure daily oversight. Rather than
having individually to analyse the performance of each bank/financial
institution, a team of investment experts employed by a family office can
co-ordinate oversight. The general perception is that, rather than focusing on
return on investments, clients are more aware of external factors which will
impact their wealth in the long term.
From a Swiss perspective they are aware of attacks on secrecy and in
particular monitoring various developments.
These include such as the UK-Swiss Confederation Tax Cooperation
agreement, the proposed (but recently rejected) so called relaxation of Swiss
banking secrecy rules to allow certain disclosures to the Internal Revenue
Service in relation to US tax planning advice given within Switzerland to US
connected persons looming on the horizon, the possibility (or perhaps
probability) of the introduction of all crimes money laundering
legislation. Family office service providers in Geneva have noticed that clients are looking
in particular for transparency in relation to fees, tax compliant solutions, and
most importantly, high levels of confidentiality and security. Even if banking secrecy itself may be eroded,
protection of information is vital in terms of personal security. Traditionally, clients have looked to Geneva and the Swiss market as a safe haven
both in terms of political stability, tax neutrality and protection of
information. Clients who are resident in jurisdictions where personal security
is an issue, such as parts of Latin America,
need to be reassured that their information is secure. Recent leak scandals have been one of the
factors which have encourage clients to look at the solutions offered by single
family offices or smaller multi family offices so that they retain greater
control. From an investment perspective, the perception is that,
since the 2008/9 global financial crisis, high net worth clients are happier to
invest in what they know. Where the family business has been sold, funds are
often used for substantial private equity investments in industries with which
families are already familiar. Alongside
the change in investment trends, a far
greater emphasis is being placed on risk management with more and more being
spent each year by family offices on due diligence. One family office in Geneva estimated that up to 60% of its annual
outgoings is being spent on commissioning due diligence reports for new
investments. Family offices in Switzerland
are seeing an increasing emphasis on the importance of real estate with some
setting up specialised real estate teams. Artwork and other tangible assets are
also increasingly popular as families shy away from certain traditional
investments. Interest in commodities investments has also led to a
broadening of a geographical scope in terms of investment strategies. Feedback
from people involved locally in formulating investment strategies for
multi-family office clients shows that when looking at private equity or seed
capital type investments, clients are looking for solid management, good
financials, a good “story”, niche/original ideas, a market which is not
over-flooded and relatively low barriers to entry. A new style of
philanthropy? Philanthropic ventures remain important for high net worth
individuals and families; particularly given that they are more and more the
subject of intense public scrutiny. A new type of philanthropic investment
referred to by some as “philanthropic capitalism” is becoming increasingly
popular. This can be anything from
investing in scholarship programmes which in turn may raise the profile of a
family business venture amongst talented undergraduates or investing in
community projects which can enable more efficient (yet responsible) use of
local resources. The new approach to
philanthropy is more akin to a fusion of philanthropy and entrepreneurialism. The family office platform is an ideal
mechanism for this type of strategy.
Clients are also aware of the tax advantages, particularly in the US and the UK, of philanthropic ventures. Increasingly the next generation is being encouraged to
become directly involved in philanthropic ventures with some family wealth
holding structures being managed in a way so that substantial capital
distributions are withheld from members of the next generation who are not
actively investing in not-for profit ventures. Long term
considerations As well as effective investment solutions, clients are
looking to family office arrangements to help with a smooth generational
transfer. This will include workshops
and programmes (which are also offered by bank run family office platforms)
offering education for the next generation covering wealth management, personal
security and risk and other issues. From an investment as well as a structuring process, clients
are looking to family offices to provide much longer term strategies. The importance of preservation of wealth for
future generations and the long term good of the family cannot be over
emphasised. This emphasis on long term
protection rather than short term returns means that families are still keen to
structure their holdings using trusts (or in some circumstances foundations or
a combination of the two) with family offices often either providing the
trustee services or working alongside independent trustees to provide
investment advice and other services. Alongside the trust, the family will work with the family
office and perhaps external advisors to ensure an effective long term
governance strategy - in particular, who will control and own the assets once
the first generation is no longer directly involved, and how. An effective communication strategy laid out
in flexible terms can serve in the long term to preserve family harmony as well
as enable efficient administration. In
some circumstances it may even be appropriate for family members themselves to
be employed by the family office as investment advisors or in another key role. Conclusions In the current climate, wealthy families still invest extensively with
private banks and independent asset managers in Switzerland but increasingly
seek ways in which to tailor and monitor their investment focus and,
frequently, this can be achieved through the creation of a single family office
(for larger families) or integration into a multi-family office. Investment trends have seen families looking
to industries and markets in which they have existing specialist knowledge as
well as opportunities for smaller investments in non-traditional asset
classes. Real estate is still seen by
many as a safe bet. For many wealthy families, the long term protection of the
family’s wealth far outweighs the importance of short term returns. Global
financial instability since 2008 has resulted in wealthy families being far
more risk aware and the level of control afforded by a family office has
contributed to their growing popularity.