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Preparing for the Dodd
 Frank SEC Deadline
 Dial-in number: (866) 660-4683
   Participant code: 57543140
Speaking Today
    David Guin       Mr. Guin focuses on securities law matters and has significant experience representing clients with regard
    Partner          to matters governed by the Securities Act, the Securities Exchange Act, the Investment Company Act, the
    Withers          Investment Advisors Act and the Commodity Exchange Act as well as the rules of various self-regulatory
    Worldwide        organizations and stock and commodity exchanges. He devotes a significant amount of time to advising
                     high net worth domestic and international individuals, families, Family Offices and their advisors about
                     their obligations under U.S. securities laws, including the acquisition and disposition of public and private
                     securities, beneficial ownership reporting obligations and the applicability of the U.S. Investment Advisers
                     Act and U.S. Investment Company Act to their investment activities.

    Marcy Hall       Ms. Hall specializes in designing and implementing Personal Risk Management programs for high net
    VP and           worth individuals and families, professional athletes and entertainers. Recognizing that affluent clients
    Private Client   have specialized insurance needs, Ms. Hall works with them to assess their unique exposures and then
    Advisor          discusses strategies to mitigate risk using insurance products and risk reduction techniques. In addition,
    HUB              Ms. Hall works with Family Offices to facilitate insurance placements for the families and for the business
    International    needs of the Family Office.
    Thomas J.        Mr. Handler is an advanced planning attorney focused on structuring complex estate plans and handling
    Handler,         related business structures and tax planning issues for affluent families, family businesses and family
    J.D., P.C.,      offices. Such planning often involves the interplay of income tax, estate tax, executive benefits, and
    Managing         financial matters. In this regard, Mr. Handler is particularly experienced in dealing with business owners,
    Partner          directors, executives, professional athletes, celebrities and Family Offices. He has extensive experience in
    Handler          the analysis, design and implementation of domestic and international business planning, financial and
    Thayer           estate planning, and advanced tax planning strategies. Mr. Handler is a managing partner in Handler
                     Thayer, LLP, where he chairs the firm's Advanced Planning & Family Office Practice Group.

    James Kane       For more than 20 years Mr. Kane has held positions with local and regional insurance agencies. In his two
    President        decades as a broker, Mr. Kane has worked with hundreds of clients to design and implement individual
    HUB              risk management programs that include liability for celebrities, homes under construction and high value
    International    collectibles. He has held his Certified Insurance Counselor (CIC) designation for ten years participating in
    Personal         annual updates each year.
    Insurance
Today’s Agenda
I. Where are we today and how did we get
   here?
II. What options do families have in
    response to the regulatory changes?
III. What’s next and what’s a family to do?
IV. Q&A
V. Contact information
Cartoon licensed for use by CartoonStock Ltd.




How did we get here?
The Timeline
January 2009     First Amendments to Investment Advisers Act Proposed


December 2009    Full House passes The Wall Street Reform and Consumer Protection
                 Act (including the Private Fund Investment Advisers Act)
March 2010       Senate Banking Committee approves the Restoring American Financial
                 Stability Act
July 2010        Dodd-Frank Act Becomes Law


October 2010     SEC Releases Proposed Definition of Family Office


June 2011        SEC Releases Final Definition of Family Office


March 30, 2012   Registration or Compliance Deadline
Exemptions
• Historical exemptions
  – Securities Act 1933
  – Investment Company Act 1940
  – Investment Advisors Act 1940

• New exemptions (Investment Advisor’s Act)
  – Section 407 – Venture Capital Funds
  – Section 408 – Small Private Investment Funds
  – Section 409 – Single Family Offices
      No Multi-Family Office exemption
      SEC definitions are specific and restrictive
Cartoon licensed for use by CartoonStock Ltd.




Defining the Family Office
Options Available To Families
• Avoid the issue
• Claim exempt status
• Restructure the Family Office
• Affiliate with a Registered Investment
  Advisor
• Register the Family Office
• Form a Private Trust Company
© 2009 Handler Thayer, LLP

21st Century SFO/MFO
Complex Family Office
                             Family Office




            Private
             Trust                               Registered
           Company                           Investment Advisor




          Real Estate
           Property                            Broker-Dealer
           Manager




       Property & Casualty                   Subsidiary Family
        Insurance Captive                         Office
What’s Next?
• CFTC Ruling in February 2012 abolishing
  exemptions for all Family Offices
• SEC reporting requirements
• Tax related issues to the changes resulting
  from Financial Reform Act
Cartoon licensed for use by CartoonStock Ltd.




Questions and Answers
Contact Information
David Guin
  Partner, Withers Worldwide
  david.guin@withers.us.com
Marcy Hall
  VP and Private Client Advisor, HUB International
  marcy.hall@hubinternational.com
Thomas J. Handler, J.D., P.C.,
  Managing Partner, Handler Thayer
  thandler@handlerthayer.com
James Kane
  President, HUB International Personal Insurance
  james.kane@hubinternational.com

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Family Office post Dodd Frank

  • 1. Preparing for the Dodd Frank SEC Deadline Dial-in number: (866) 660-4683 Participant code: 57543140
  • 2. Speaking Today David Guin Mr. Guin focuses on securities law matters and has significant experience representing clients with regard Partner to matters governed by the Securities Act, the Securities Exchange Act, the Investment Company Act, the Withers Investment Advisors Act and the Commodity Exchange Act as well as the rules of various self-regulatory Worldwide organizations and stock and commodity exchanges. He devotes a significant amount of time to advising high net worth domestic and international individuals, families, Family Offices and their advisors about their obligations under U.S. securities laws, including the acquisition and disposition of public and private securities, beneficial ownership reporting obligations and the applicability of the U.S. Investment Advisers Act and U.S. Investment Company Act to their investment activities. Marcy Hall Ms. Hall specializes in designing and implementing Personal Risk Management programs for high net VP and worth individuals and families, professional athletes and entertainers. Recognizing that affluent clients Private Client have specialized insurance needs, Ms. Hall works with them to assess their unique exposures and then Advisor discusses strategies to mitigate risk using insurance products and risk reduction techniques. In addition, HUB Ms. Hall works with Family Offices to facilitate insurance placements for the families and for the business International needs of the Family Office. Thomas J. Mr. Handler is an advanced planning attorney focused on structuring complex estate plans and handling Handler, related business structures and tax planning issues for affluent families, family businesses and family J.D., P.C., offices. Such planning often involves the interplay of income tax, estate tax, executive benefits, and Managing financial matters. In this regard, Mr. Handler is particularly experienced in dealing with business owners, Partner directors, executives, professional athletes, celebrities and Family Offices. He has extensive experience in Handler the analysis, design and implementation of domestic and international business planning, financial and Thayer estate planning, and advanced tax planning strategies. Mr. Handler is a managing partner in Handler Thayer, LLP, where he chairs the firm's Advanced Planning & Family Office Practice Group. James Kane For more than 20 years Mr. Kane has held positions with local and regional insurance agencies. In his two President decades as a broker, Mr. Kane has worked with hundreds of clients to design and implement individual HUB risk management programs that include liability for celebrities, homes under construction and high value International collectibles. He has held his Certified Insurance Counselor (CIC) designation for ten years participating in Personal annual updates each year. Insurance
  • 3. Today’s Agenda I. Where are we today and how did we get here? II. What options do families have in response to the regulatory changes? III. What’s next and what’s a family to do? IV. Q&A V. Contact information
  • 4. Cartoon licensed for use by CartoonStock Ltd. How did we get here?
  • 5. The Timeline January 2009 First Amendments to Investment Advisers Act Proposed December 2009 Full House passes The Wall Street Reform and Consumer Protection Act (including the Private Fund Investment Advisers Act) March 2010 Senate Banking Committee approves the Restoring American Financial Stability Act July 2010 Dodd-Frank Act Becomes Law October 2010 SEC Releases Proposed Definition of Family Office June 2011 SEC Releases Final Definition of Family Office March 30, 2012 Registration or Compliance Deadline
  • 6. Exemptions • Historical exemptions – Securities Act 1933 – Investment Company Act 1940 – Investment Advisors Act 1940 • New exemptions (Investment Advisor’s Act) – Section 407 – Venture Capital Funds – Section 408 – Small Private Investment Funds – Section 409 – Single Family Offices  No Multi-Family Office exemption  SEC definitions are specific and restrictive
  • 7. Cartoon licensed for use by CartoonStock Ltd. Defining the Family Office
  • 8. Options Available To Families • Avoid the issue • Claim exempt status • Restructure the Family Office • Affiliate with a Registered Investment Advisor • Register the Family Office • Form a Private Trust Company
  • 9. © 2009 Handler Thayer, LLP 21st Century SFO/MFO Complex Family Office Family Office Private Trust Registered Company Investment Advisor Real Estate Property Broker-Dealer Manager Property & Casualty Subsidiary Family Insurance Captive Office
  • 10. What’s Next? • CFTC Ruling in February 2012 abolishing exemptions for all Family Offices • SEC reporting requirements • Tax related issues to the changes resulting from Financial Reform Act
  • 11. Cartoon licensed for use by CartoonStock Ltd. Questions and Answers
  • 12. Contact Information David Guin Partner, Withers Worldwide david.guin@withers.us.com Marcy Hall VP and Private Client Advisor, HUB International marcy.hall@hubinternational.com Thomas J. Handler, J.D., P.C., Managing Partner, Handler Thayer thandler@handlerthayer.com James Kane President, HUB International Personal Insurance james.kane@hubinternational.com