As the current economic crisis continues to unfold, financial institutions must focus not only on the immediate situation but also on the likely long-term effects. If history is any guide, Kroll says, they will see a substantial increase in fraud claims, legal disputes and regulatory actions.
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A new paper from Withers examines a privy council decision upholding, in large part, a post-nuptial agreement made by a wealthy couple. Given the landmark decision in MacLeod v MacLeod, the authors say, some couples may want to clarify the financial arrangements between them by entering into a post-nuptial agreement.
The economic turbulence over the past year has expanded the concept of risk from simple volatility to actual, and in some cases, permanent losses. While the impact on most financial vehicles is quite obvious and is presented through the news media on a daily basis, others are much more subtle. One such area is critical to the success of many wealth preservation and transfer plans: life insurance.
An economic downturn can accentuate the drivers of fraud and misconduct within companies, according to KPMG's third national integrity survey. Researchers found that 75 percent of employees had observed or knew of wrongdoing within their organizations. Ethics and compliance programs seemed to make employees more willing to report the misconduct they observed.
Staff recruitment, hiring and retention are challenging and diffi cult processes for any employer. When this task is assumed by a family, many of the standard issues raised are magnifi ed because of the family's limited experience in this job capacity. When you take on the role of employer, risk management changes in many ways. Despite the concerns that are raised, proper planning and preparation can mitigate or remove many of the potential pitfalls.
Traditional forms of insurance often provide no protection to a non-profit organization in the event of a lawsuit by an employee, a member of the organization or a contractor. Directors and officers liability insurance can offer extended coverage, protecting the organization whenever it is called upon to defend itself or its personnel.
A limited liability company may seem like the best way to structure private aircraft ownership, organizing finances while shielding other assets from liability, but think again, says Gary Horowitz of Wiley Rein. Using an LLC can lead to a huge tax liability, potential fines by the Federal Aviation Administration and increased personal liability. The author offers alternative structuring that can be less costly and provide better liability coverage.
Life insurance policyholders are understandably concerned by the collapse of AIG and the ongoing crisis in the financial services industry, but insurance company analysts do not see an insolvency risk among other providers. Indeed, they express confidence in several safeguards designed to protect the interests of policyholders, says this new white paper from Nease, Lagana, Eden & Culley Inc.
Many officers of family offices serve on boards of directors for family-owned businesses or companies in which they have made equity investments. If these companies move into distressed status, litigation by investors and creditors may follow – and agents of family offices may appear to have the deepest pockets. This report from JD Ford & Company considers the role of these agents, noting potential land mines and offering suggestions for handling these situations successfully.
If you own property in an area affected by earthquakes, you are at risk for loss. But with proper planning and preparation, you can reduce your risk. In this paper, HUB International offers an earthquake safety checklist to help you avoid the pitfalls and minimize material and financial losses.