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Home News

Advisers handcuffed by licensee lookbacks

Advisers are being restrained by licensee lookback programs from selling their businesses, contributing to the drought of practices currently for sale on the market, according to one financial planning buyer’s agent.

by Sarah Kendell
March 29, 2021
in News
Reading Time: 2 mins read
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Radar Results chief executive John Birt said around 20 per cent of the agency’s normal supply of practices were being restrained from selling by institutional lookback programs, which restricted the adviser from sale of their client book until they had passed an exit audit.

“Radar Results sells about 50 practices a year, primarily financial planning and accounting,” Mr Birt said.

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“About 10 financial planning practices today want to sell, but they cannot move until lookback is complete. Some have been in this holding pattern for more than a year.”

Mr Birt said the restrictive contracts agreed to by some institutionally aligned advisers, combined with the expansion of ASIC’s remediation programs to cover up to a decade of historical compliance errors, meant many were simply exiting the industry without a business to sell.

“The lookback program is causing further pain for many financial planners and licensees. Some financial planners are going bankrupt and walking away from their practices, leaving clients with no adviser,” he said.

“Many planners cannot sell their practice or book of clients until they get sign-off from their licensee, saying that they have passed lookback.

“Any refund of fees, some dating back as far as 10 years, is the licensee’s responsibility under corporate law. The licensee can pass the cost onto the authorised representative if the agreement between the AR and the licensee has an indemnity clause protecting the licensee.”

Mr Birt gave the example of a recent business owner who walked away from a sale worth hundreds of thousands of dollars, after having his practice value written down below zero after failing an exit audit.

“Last year, a financial planner contacted Radar Results looking to sell his small book of clients, around $120,000 of recurring revenue (RR). The estimated sale price was 2 to 2.5 times RR,” Mr Birt said.

“After a month, he walked away from the book, saying he got a lookback bill from his licensee, which is far more than what the book was worth.

“This situation is a real problem and concern for the financial planning industry.”

Tags: AdviceNews

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Comments 4

  1. Felix says:
    5 years ago

    I feel for the adviser, what the hell was the AFSL audit program looking at for the last 10 years in this book?

    Reply
  2. RM says:
    5 years ago

    Sounds like the Licensees and advisers are simply being squashed by over regulation.
    No wonder all
    Are leaving. The idea of a book being worth 2 times is from the past. You would be lucky to get 6 to 12 months[size=16px][/size]

    Reply
  3. FP businesses aren't worth $1 says:
    5 years ago

    If you got a lookback audit which reduced the value of your business to zero then you must have truly screwed up. I’ve been through the AMP exit process and they make sure you fail as much as possible to reduce the cost to them by changing the rules etc but I haven’t heard of anyone going to zero as yet.

    Reply
  4. Anon says:
    5 years ago

    Sounds like a scam to me. The licensee throws a lookback bill at the advisor, saying his business is worth nothing. The advisor walks away unable to sell, and the licensee keeps the clients.

    Reply

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