the first annual estate and financial planning conference€¦ · president, cove financial...

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The First Annual Estate and Financial Planning Conference PLANNING FOR ESTATES BETWEEN $2 - $10 MILLION Tuesday, October 23 and Wednesday October 24, 2012 Who should attend? Financial Advisors, Planners, Accounting and Legal Professionals Why should you attend? Exceptional education, CE credits and networking opportunities Who is speaking? This year’s planning school has a number of exceptional speakers and presentations as well as two fantastic panel discussions. Speaker bios, topics and descriptions can be found throughout this document. Day 1—Tuesday, October 23, 2012 7:30 am Hot Breakfast and Registration 8:30 am – 12 pm Opening Comments Panel 1: Working as a Team of Professionals – The Better Way to Plan Panellists: Axel Christiansen, CFA; Mark C. Hoag, CA; Chris Ireland, CA, TEP; Carl Jacobson, LLB; Brent Nichols, CFA, CFP; Don Sihota, LLB and Mark Wardell Moderator: Bernie Geiss, CLU, TEP, CFP Morning Break Panel 1 continued 12 pm Lunch 1 pm – 4:30 pm Panel 1 continued Speaker 1: John Blackmer—Solus Trust, An Independent BC Trust Company Panel 2: Discussion with professionals: “Why should I refer?” Panellists: John Blackmer; Tim H. R. Brown; Hugh Livingstone, CGA, CBV; Tom Morton, CA; Glenn Stephens, LLB, TEB Moderator: David Chalmers, BA, FLMI, CLU, CFP, ChFC, RFP, CIM Afternoon Break Speaker 2: Genevieve N. Taylor— Fraudulent Conveyance Act: Recent Court Cases and their Impact on Estate and Trust Planning 4:30 pm Day 1 Wrap-up 4:45 pm Networking Reception Day 2—Wednesday, October 24, 2012 7:30 am Hot Breakfast and Registration 8:30 am – 12 pm Opening Comments Speaker 1: Will Todd, LLP—Cross Border Tax and Estate Planning: Navigating the Minefield of Planning for Americans Residing in Canada and Their Canadian Families Morning Break Speaker 2: Glenn Stephens, LLP, TEP—TBA Speaker 3: Eric Stephanson—“Someone has died… I don’t know what to say!” – Memoirs from 35 years of helping families in grief 12 pm Lunch 1 pm – 4:15 pm Speaker 4: Larry Amstutz—Charitable Giving – The Peter Principle Speaker 5: Keith Thomson—Working with Clients and Charities to Protect and Expand Your Business Afternoon Break Speaker 6: Nicole Garton-Jones—Update on Upcoming and Current Legislative Changes to Estate and Adult Guardianship Law in BC 4:15 pm Closing Comments The first annual Estate and Financial Planning Conference will take place this October 23 and 24. It is a completely new style of planning school designed to benefit the whole estate and financial community including financial advisors, accounting and legal professionals—that you won’t want to miss! A wide variety of hot topics relating to estate and financial planning will be presented by leading industry experts and discussed in two panel sessions. This will be an excellent educational event and will also provide a valuable networking opportunity. AGENDA THANK YOU TO OUR SPONSORS Platinum Sponsor Gold Sponsors Silver Sponsors

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Page 1: The First Annual Estate and Financial Planning Conference€¦ · President, Cove Financial Planning Ltd. Bernie Geiss, President of Cove Financial Planning Ltd., has practiced in

The First Annual Estate and Financial Planning ConferencePLANNING FOR ESTATES BETWEEN $2 - $10 MILLION

Tuesday, October 23 and Wednesday October 24, 2012

Who should attend?Financial Advisors, Planners, Accounting and Legal Professionals

Why should you attend?Exceptional education, CE credits and networking opportunities

Who is speaking?This year’s planning school has a number of exceptional speakers and presentations as well as two fantastic panel discussions. Speaker bios, topics and descriptions can be found throughout this document.

Day 1—Tuesday, October 23, 2012

7:30 am Hot Breakfast and Registration

8:30 am – 12 pm Opening Comments Panel 1: Working as a Team of Professionals – The Better Way to Plan Panellists: Axel Christiansen, CFA; Mark C. Hoag, CA; Chris Ireland, CA, TEP; Carl Jacobson, LLB; Brent Nichols, CFA, CFP; Don Sihota, LLB and Mark Wardell Moderator: Bernie Geiss, CLU, TEP, CFP Morning Break Panel 1 continued

12 pm Lunch

1 pm – 4:30 pm Panel 1 continued Speaker 1: John Blackmer—Solus Trust, An Independent BC Trust Company Panel 2: Discussion with professionals: “Why should I refer?” Panellists: John Blackmer; Tim H. R. Brown; Hugh Livingstone, CGA, CBV; Tom Morton, CA; Glenn Stephens, LLB, TEB Moderator: David Chalmers, BA, FLMI, CLU, CFP, ChFC, RFP, CIM Afternoon Break Speaker 2: Genevieve N. Taylor— Fraudulent Conveyance Act: Recent Court Cases and their Impact on Estate and Trust Planning

4:30 pm Day 1 Wrap-up

4:45 pm Networking Reception

Day 2—Wednesday, October 24, 2012

7:30 am Hot Breakfast and Registration

8:30 am – 12 pm Opening Comments Speaker 1: Will Todd, LLP—Cross Border Tax and Estate Planning: Navigating the Minefield of Planning for Americans Residing in Canada and Their Canadian Families Morning Break Speaker 2: Glenn Stephens, LLP, TEP—TBA

Speaker 3: Eric Stephanson—“Someone has died… I don’t know what to say!” – Memoirs from 35 years of helping families in grief

12 pm Lunch

1 pm – 4:15 pm Speaker 4: Larry Amstutz—Charitable Giving – The Peter Principle Speaker 5: Keith Thomson—Working with Clients and Charities to Protect and Expand Your Business Afternoon Break Speaker 6: Nicole Garton-Jones—Update on Upcoming and Current Legislative Changes to Estate and Adult Guardianship Law in BC

4:15 pm Closing Comments

The first annual Estate and Financial Planning Conference will take place this October 23 and 24. It is a completely new style of planning school designed to benefit the whole estate and financial community including financial advisors, accounting and legal professionals—that you won’t want to miss! A wide variety of hot topics relating to estate and financial planning will be presented by leading industry experts and discussed in two panel sessions. This will be an excellent educational event and will also provide a valuable networking opportunity.

AGENDA

THANK YOU TO OUR SPONSORS

Platinum Sponsor Gold Sponsors Silver Sponsors

Page 2: The First Annual Estate and Financial Planning Conference€¦ · President, Cove Financial Planning Ltd. Bernie Geiss, President of Cove Financial Planning Ltd., has practiced in

DAY ONE: 8:45 AM – 2 PMPanel 1: Working as a Team of Professionals – The Better Way to Plan

The First Annual Estate and Financial Planning Conference

CASE STUDY

A 48 year old male is a shareholder of a $20 million dollar company. He has 2 partners. They are negotiating the sale of their business to a third party when one of the shareholders dies. The deceased shareholder had reorganized his in-terest 10 years before to bring in a family trust. The deceased entered into an investment partnership 2 years before his death that became insolvent shortly before his death. The creditors are suing the estate for losses. There is discussion about whether or not the re-organization of the deceased’s affairs ten years prior represented fraudulent conveyance to avoid creditor liabilities. There is a buy sell agreement in place that is fully funded. The deceased interest is dealt with and the remaining two shareholders sell their interest to the third party. The remain-

ing shareholders are represented by a business broker and acquisitions lawyer. The estate lawyer was involved in drafting the will and is involved in administer-ing the estate during the sale process along with the commercial lawyer who drafted the agreement. The sale is financed by the third party using both tradi-tional senior debt financing and subordinated debt. The surviving shareholders need to make a decision about their remaining buy sell insurance. They might gift the single life policy to a charity for a tax receipt and buy new joint last to die insurance to fund the estate tax liability that exists with the shares of the holding company that previously owned the operating company. They may re-organize their affairs and do a freeze and form a trust to defer tax at their death to the death of their children.

MODERATOR

Bernie Geiss, CLU, CFP, RHU, FMA, TEP President, Cove Financial Planning Ltd.

Bernie Geiss, President of Cove Financial Planning Ltd., has practiced in the financial services industry since 1987. He is an original founder of the Life Balance Advisory Alliance (LBAA), the creator of the Strategic Advisory Experience; a holistic fee based financial planning program designed to meet the sophisticated needs of high net worth family business owners. Bernie is a featured speaker and writer in the field of financial planning.

PANELLISTS

Axel Christiansen, CFA Managing Director, Subordinate Financing, BC/Yukon, Business Development Bank of Canada

Axel Christiansen, CFA is the Managing Director at BDC Subordinate Financing. Having specialized in Subordinate Financing for over 19 years, he has extensive experience in helping companies finance their growth and properly structure all forms of merger and acquisition transactions. In recent years he has been particularly focused in assist-ing entrepreneurs dealing with succession issues.

Mark C. Hoag, CA KNV Chartered Accountants LLP

Mark obtained a BA in Political Science from the University of Western Ontario in 1993. Mark originally joined KNV as an articling student in 1995 and became a Chartered Ac-countant in 1998. He then spent a number of years with an international accounting firm prior to joining NCCG in 2004 and becoming a partner in 2007. Mark has over 15 years of experience in public practice providing audit, ac-

counting and taxation services to owner managed businesses and their share-holders.

Chris Ireland, CA, TEP Senior Vice-President, Planning Services, PPI Advisory

Chris is Senior Vice-President, Planning Services with re-sponsibility for PPI Advisory’s national planning services team which provides advanced professional expertise and support in financial, estate and succession planning. He joined PPI in 2003 with over 20 years of experience in tax, estate and trust planning including several years as a Tax Partner in the Vancouver office of an international accounting firm.

He received his Bachelor of Commerce from the University of British Columbia and is a Chartered Accountant (“CA”) and Trust and Estate Practitioner (“TEP”). Chris has taught and coordinated the CICA specialized tax course, “Advanced Tax Issues for the Owner Managed Business” and has written extensively in the area of tax planning and wealth preservation. Chris is a member of a number of industry associations including CALU and the Canadian Tax Foundation and is a frequent speaker at tax conferences and professional industry meetings.

Carl Jacobson, LLB Incorporated Partner, Synergy Business Lawyers

Carl P. Jacobson (B.Sc. 1989, M.B.A. 1993, LL.B. 1993) is a founding partner of Synergy Business Lawyers. He is an experienced business lawyer who works with businesses, business owners, entrepreneurs and professionals from a variety of professions in the set-up, operation, manage-ment, growth and sale of their business.

Carl has particular expertise in the area of structuring and restructuring of private companies, which includes consideration of business, personal and family planning issues, and issues regarding corporate, trust and estate planning. Carl has a demonstrated ability to work effectively with his cli-ent’s team and enjoys seeing his clients succeed in their personal and profes-sional lives.

Brent Nichols, CFA, CFP Vice-President and Investment Counseller, CIBC Private Investment Counsel

Brent has over 20 years of experience in the financial ser-vices business has been advising clients since 1990. He joined CIBC Private Investment Counsel in 1999 and is the Market Leader for BC. As Vice-President and Investment Counsellor, Brent is responsible for client development,

servicing and investment policy construction. He is also a member of CIBC Pri-vate Investment Counsel’s Investment Committee that reviews, recommends, and implements changes to our investment decisionmaking process. Brent is a Chartered Financial Analyst (CFA) charterholder and a Certified Financial Planner (CFP). He received his Bachelor of Commerce in 1990, majoring in Finance from the University of British Columbia.

Don Sihota, LLB Partner, Don C. Sihota Law Corporation

Don Sihota is a partner with the law firm of Clark Wilson LLP. His practice includes mergers and acquisitions (M&A), business succession planning, business sale transactions, management buy-outs/buy-ins, share and asset purchase transactions, exercise of shotgun clauses in shareholders agreements and corporate reorganizations in anticipation of the sale of a business.

The best results come from working collaboratively with other advisors who share a common vision of Professional Excellence while putting their clients first. This case study will demonstrate the complimentary roles of various pro-fessionals working on behalf of their clients to get the best results possible in

the preparation of agreements, insurance structures, a buy-sell situation and the transition of the clients affairs from business ownership to retirement. Our panel of advisors will provide a summary of their advice and the mechanics of various strategies implemented.

Page 3: The First Annual Estate and Financial Planning Conference€¦ · President, Cove Financial Planning Ltd. Bernie Geiss, President of Cove Financial Planning Ltd., has practiced in

Mark Wardell President, Wardell Business Advisory Service

Founder and President of Wardell Professional Develop-ment, Mark Wardell has developed a reputation as a leader in business advisory by helping entrepreneurs successfully plan, execute, and manage sustainable business growth.

In addition to offering comprehensive business consulting services through his company, Mark regularly shares his business advisory expertise through many channels. He is

a published author of seven business books, frequent contributor to several top national publications includingProfit Magazine, The Globe and Mail, and CGA Magazine, and a speaker at high-profile business events and on televised pro-grams including BNN’s Money Talk with Patricia Lovett-Reid.

What are the benefits of lawyers, accountants making referrals to financial advi-sors? What are their expectations when referrals are made? What can advisors do to best position themselves to receive referrals? Putting the shoe on the other foot, how can lawyers and accountants in turn get referral from financial advi-sors?

The panel will discuss these questions and how can we all work together as a team for the benefit of our clients?

Do lawyers and accountants see the predominately commission –based nature of the financial advisory business as a conflict of interest or an impediment to making referrals?

DAY ONE: 2:15 – 3:15 PMPanel 2: Discussion with professionals: “Why should I refer?”

MODERATOR

David Chalmers, BA, FLMI, CLU, CFP, ChFC, RFP, CIM Financial Advisor, Nicola Wealth Management

David transitioned his practice to Nicola Wealth Manage-ment Ltd. in 2011. He began his career in the Investment Industry in 1973, working at 2 different Life Insurance companies where he provided technical support to finan-cial advisors. It was during this time that David established his business relationship with John Nicola. In 1985, David joined a major Vancouver investment advisory firm and

spent the next 25 years providing investment and retirement income planning to clients.

David holds several professional designations, including the FLMI, CLU, CFP, RFP and CIM, and has passed the Canadian Securities Course and the Partners, Officers and Directors exam. Along with providing investment planning to his clients, David has delivered educational speeches to numerous professional or-ganizations.

PANELLISTS

Tim H. R. Brown Incorporated Partner, Richards Buell Sutton

Tim is an employee of T.H.R. Brown Law Corp., a corpo-rate partner at Richards Buell Sutton LLP. Prior to joining the firm in 1992, he was a litigation assistant with British Columbia’s Attorney General from September 1991 until February 1992. Tim’s preferred areas of practice are Wealth Preservation, Estate Planning, Corporate law and generally practical small business advice. He has an astute ability for

assisting Canadians with US based estate planning and Americans with their Ca-nadian based estate planning. Tim, while not an agent, also has a special skill set with life insurance based planning.

John Blackmer President and CEO, Solus Trust

After 20 years working in the wealth management industry, John launched Solus Trust Company Ltd. He is the President & CEO and is responsible for all facets of its operation. Mr. Blackmer has held executive positions in the industry, most recently with HSBC Trust (Canada) where he had national responsibility for the Private Client division.

Tom Morton, CA Partner – Tax, Smythe Ratcliffe

As a Partner at Smythe Ratcliffe, Tom Morton thrives on the opportunity to solve complex problems and contribute to the long-term success of his clients. His loy-al relationships are built through his own personal pride in watching businesses excel and grow. Tom is a seasoned Chartered Accountant and a General Income Tax Practitioner with expertise in executive compensation, particularly deferred income plans, registered pension plans and employee stock option plans. He has considerable knowledge in succession planning and structuring businesses to facilitate the transition of ownership.

Tom is a long standing member of the Canadian Tax Foundation and has pub-lished papers including “Tax Issues in Compensation” and “Don’t Forget GAAP as Part of Your Tax Planning” with Smythe Ratcliffe Partner Bob Cole.

Hugh Livingstone, CGA, CBV Managing Director, MacKay LLP

Hugh is the Managing Director of the Vancouver and Surrey offices of MacKay LLP. Throughout his career, Hugh has assisted privately held businesses in au-dit, accounting, and taxation. Additionally, Hugh is a Chartered Business Valu-ator (CBV) and member of the Canadian Institute of Chartered Business Valua-tors (CICBV), which is the only recognized valuation organization in Canada. The niche expertise of a CBV is often required when buying and selling businesses, resolving shareholder disputes, settling valuation disputes with Canada Reve-nue Agency, or determining losses due to business interruptions or personal in-jury. Hugh has given testimony as an expert witness on valuation matters before the Supreme Court of British Columbia.

Glenn Stephens, LLB, TEB PPI Financial Group

Glenn joined the PPI Financial Group in 2004. He is now Director, Planning Services for PPI Advisory, where he provides tax and legal support to PPI Associates across Canada. Glenn has lectured and written extensively on the subjects of estate planning, taxation and life insurance.

The First Annual Estate and Financial Planning Conference

Page 4: The First Annual Estate and Financial Planning Conference€¦ · President, Cove Financial Planning Ltd. Bernie Geiss, President of Cove Financial Planning Ltd., has practiced in

SPEAKERS—DAY ONE

John BlackmerPresident and CEO, Solus Trust | 2 – 2:15 pm

After 20 years working in the wealth management industry, John launched Solos Trust Company Ltd. He is the President & CEO and is responsible for all facets of its operation. Mr. Blackmer has held executive positions in the industry, most recently with HSBC Trust (Canada) where he had national responsibility for the Private Client division.

Topic: Solus Trust: An Independent BC Trust Company

Genevieve N. Taylor Principal, Legacy Tax + Trust Lawyers 3:30 – 4:30 pm

Genevieve is a Legacy principal who practices in the ar-eas of Wills, Estates, Trusts, and Adult Guardianship. After receiving her Bachelor of Arts degree from the University of British Columbia in 1995 and her law degree from Dal-housie University in 1998, Genevieve was called to the Bar in British Columbia in 1999.

Topic: Fraudulent Conveyance Act: Recent Court Cases and their Impact on Estate and Trust PlanningA review of the applicable legislation and recent case law (including Mawdsley v. Meshen and Abakhan v. Braydon) as they impact on the use of estate planning tools such as alter ego and joint partner trusts.

SPEAKERS—DAY TWO

Will Todd, LLPAssociate, Davis LLP | 8:45 – 9:45 am

Will Todd is an associate with Davis LLP’s Vancouver office and practices in the area of Wills, Estates and Trusts and Taxation Law. Before joining Davis, he practiced in Boston and Toronto. He is a member of the British Columbia and Ontario bars and is also admitted to practice law in New York and Massachusetts.

Topic: Cross Border Tax and Estate Planning: Navigating the Minefield of Plan-ning for Americans Residing in Canada and their Canadian Families

Glenn Stephens, LLB, TEPPPI Financial Group | 10 - 11 am

Glenn joined the PPI Financial Group in 2004. He is now Director, Planning Services for PPI Advisory, where he provides tax and legal support to PPI Associates across Canada. Glenn has lectured and written extensively on the subjects of estate planning, taxation and life insurance.

Topic: TBA

Eric StephansonSpiritual Care Leader, Canuck Place Children’s Hospice 11 am – 12 pm

Eric Stephanson has been the Spiritual Care Leader at Ca-nuck Place Children’s Hospice for 16 years.

Topic: “Someone has died… I don’t know what to say!” – Memoirs from 35 years of helping families in grief.

Larry AmstutzPlanned Giving Officer, Canadian Cancer Society, BC and Yukon Division | 1 – 2 pm

Prior to joining the Canadian Cancer Society, Larry had a rewarding career for more than 17 years in Financial Ser-vices assisting advisors and clients. Larry has been a pro-fessional trainer and speaker for 20+ years.

Topic: Charitable Giving – The Peter PrincipleLarry will deliver an educational, personal and enlightening presentation de-signed to inform professional advisors. Including:

• when do donors give? – a timeline • why donors give? – understanding the motivation • behind charitable giving • how donors give – time and money; various • instruments plus pro’s and con’s• how to be referable to a charity

Keith Thomson, CFP, CIM, FCSIManaging Director, Stonegate Private Counsel 2 – 3 pm

Keith is a founder and Managing Director of Stonegate Private Counsel, a partnership that specializes in handling the affairs of high-net worth families and businesses. He began his career in 1985 as a financial advisor with McLeod Young Weir and has been recognized by his peers having received the highly regarded Fellow of The Cana-

dian Securities Institute (FCSI) designation. Keith also holds his Canadian Invest-ment Management (CIM) designation and is a Certified Financial Planner (CFP®) with a specialized focus in philanthropy.

Topic: Working with Clients and Charities to Protect and Expand Your BusinessHow to initiate the topic of charitable giving in such a way that your clients will welcome the conversation. Techniques to build a “competitive moat” around your business. Assisting your clients to actualize their charitable intentions and build AUM at the same time. Become an invaluable resource and consulting party to charities and their donors.

Nicole Garton - JonesFounder & Managing Partner, Heritage Law 3:15 – 4: 15 pm

Nicole Garton-Jones, founder and managing partner of Heritage Law, is a lawyer, mediator and facilitator and practices wills, estates, elder and family law. Nicole has a particular interest in mediation, collaborative family law and facilitating business succession matters.

Topic: Update on Upcoming and Current Legislative Changes to Estate and Adult Guardianship Law in BCThe upcoming Wills, Estates and Succession Act (the “WESA”) and the new Pro-bate Rules will enshrine modern principles in the first overhaul of succession law in British Columbia in 90 years, and reduce several estates law statutes to one. Find out about upcoming substantive reforms to estate law and estate admin-istration procedures. In addition, find out about how the Adult Guardianship and Planning Statutes Amendment Act and the Health Statutes Amendment Act that, once proclaimed will modernize BC’s statutory property guardianship scheme by repealing the Patients Property Act and replacing it with a new Part 2 of the Adult Guardianship Act thereby shifting from a committeeship system to a guardianship system with more rights imbedded for adults effected.

The First Annual Estate and Financial Planning Conference