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FA Transition Bonuses On the Rise: What Was Old is New Again

By George C. Miller, Partner of Shustak Reynolds & Partners, P.C. posted on Friday, March 11, 2022.

George C. Miller

George C. Miller

Partner

Location: San Diego, California
Phone: (619) 696-9500 (Ext. 105)
Direct: (619) 501-8270
E-mail[email protected]

Five years ago, Merrill Lynch, Morgan Stanley, UBS, and other large broker-dealers announced sweeping changes to their compensation policies, including a move away from the large, up-front recruiting “transition” bonuses that dominated the recruiting space over the prior decade. Those “bonuses,” often paid in the form of forgivable promissory notes with back- and front-end payouts regularly exceeding $1-2 million, resulted in firms holding billions of dollars in outstanding loans on their balance sheets. Litigation over promissory note payouts was not uncommon, as firms sought to collect the alleged outstanding balance due in the event an advisor left the firm. 

The change also came as firms prepared for the rollout of the Department of Labor’s (DOL) fiduciary rule, which would have required financial firms and their representatives only to act in the best interests of their clients and limit certain transaction based compensation. DOL guidance suggested that up-front bonuses, which historically were tied to revenue production hurdles, could run afoul of the rule. Both the proposed DOL rule, and a desire to reduce their carried debt and related promissory note litigation, contributed to the change.

But sooner or later, everything old becomes new again:  In 2017, as these changes were announced, we predicted that high-dollar recruiting bonuses were likely to return. And by 2019, concerns over the DOL rule had waned due to changes to the rule and delays in its implementation. As advisor transition activity continued—indeed, during the pandemic, accelerated quickly—competition for the same pool of experienced advisors and their valuable client assets increased. By mid-2020, with that increased competition, firms turned to a familiar tool—up-front recruiting bonuses—to entice stable, top-producing financial advisors to consider a move from one firm to another. While some firms—notably UBS—are focusing less on up-front money and instead offering recruits increased payouts or a guaranteed income over a period of time—the usual suspects, including Morgan Stanley and Wells Fargo, have resumed offering substantial transition packages to recruits—sometimes in excess of 320% of the advisor’s trailing-12 month revenue production. As of March 2022, Morgan Stanley’s recruiting loan balances have reportedly swelled to more than $3.7 billion.

This time around, the big boys of Wall Street are not alone. Once reticent to jump in the up-front bonus game, or at least to the same extent as Wall Street, both independent broker-dealers and regional firms have dramatically increased their recruitment spending. LPL Financial reportedly increased its forgivable loan balance by 84% in 2021 alone—from $419 million to over $770 million a year later. Stifel, Wedbush, Kestra, Avantax and others also have reportedly increased the amount offered to entice experienced advisors to move. If history serves as a guide, increased litigation involving up-front transition bonuses is likely to follow the surge in recruitment activity and outstanding promissory notes—at least until what’s new once again becomes old, and the retail securities industry moves away from the up-front bonus recruiting model once again. 

Shustak Reynolds & Partners, P.C.’s experienced California FINRA, securities and financial services lawyers are well versed in the financial services industry.
We routinely represent brokerage firms, registered representatives, registered investment advisory firms (RIAs)and others employed in the securities
and financial services industry in transition disputes, employment and trade secret litigation, and other FINRA arbitration and securities disputes.
Attorney George C. Miller can be reached in the firm’s San Diego office at (619) 696-9500.

 

 

 

 

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