Kohinoor Teiko Hinjewadi Phase 2 Pune E-Brochure.pdf
Why Clients Across the Spectrum are Increasingly Using Captive Insurance Risk Management
1. www.ambar.org/rpte
Why Clients Across the Spectrum are Increasingly Using
Captive Insurance Risk Management
Tuesday, June 17, 2014 | 1:00 PM Eastern
Sponsored by
The ABA Section of Real Property, Trust & Estate Law
2. www.ambar.org/rpte |
The Convergence of Wealth Planning and CIRM: An Overview
by Edmond M. Ianni
The Market
• Converging Demand: Risk Management and
Wealth Management
• Accelerated by Great Recession, ATRA and
Demographics
• Family (Privately-Held) Businesses – The
“Epicenter”
3. www.ambar.org/rpte |
The Convergence of Wealth Planning and CIRM: An Overview
by Edmond M. Ianni
Family Businesses
• Significance to U.S. Economy
• Significance to Growing Demand for Wealth/Risk
Planning
• Some Family Business U.S. Metrics
– More than 80% of U.S. businesses
– Approx. 60% of U.S. employment
– Approx. 50% of U.S. GDP
– Concentration of individual wealth
4. www.ambar.org/rpte |
The Convergence of Wealth Planning and CIRM: An Overview
by Edmond M. Ianni
Captive Insurance Risk Management (“CIRM”)
• Macro Context: More than $40 trillion of assets
expected to transfer in next 4 decades
• Increasing Use of CIRM
– Privately-held businesses
– Publicly-owned companies
– Nonprofits
– Governments
5. www.ambar.org/rpte |
The Convergence of Wealth Planning and CIRM: An Overview
by Edmond M. Ianni
Captive Insurance Risk Management (CIRM) –
Reasons for Use
• Less expensive than commercial insurance
• More efficient risk management
• Better coverage
• Cost-effective and predictably stable
• Able to protect, preserve and grow capital
6. www.ambar.org/rpte |
The Convergence of Wealth Planning and CIRM: An Overview
by Edmond M. Ianni
Captive Insurance Risk Management (CIRM)
• What is a Captive?
• A Customizable Solution
• Major Benefits
– Risk Management
– Capital Benefits
• In U.S.
– State regulation
– Majority of states have captive laws
7. www.ambar.org/rpte |
The Convergence of Wealth Planning and CIRM: An Overview
by Edmond M. Ianni
Captive Insurance Risk Management (CIRM) –
Practical Uses
• Business risks for which commercial insurance is
too expensive or unavailable
• Retained risks
• Coverage gaps
• More efficient risk management alternative
8. www.ambar.org/rpte |
The Convergence of Wealth Planning and CIRM: An Overview
by Edmond M. Ianni
Holistic Wealth Planning and Captive Insurance
Risk Management
• Common Objective: Protect, Preserve and Grow
Capital
• Designing the Captive for the Client
– Suitability and Feasibility
– Customization
– Alternatives
9. www.ambar.org/rpte |
The Convergence of Wealth Planning and CIRM: An Overview
by Edmond M. Ianni
Integrated Wealth Planning with the Client’s
Captive
• The Captive as an Asset
• Planning for and with the Captive Asset
• Example: Client owns and operates 5
Automobile Spas
10. www.ambar.org/rpte |
The Convergence of Wealth Planning and CIRM: An Overview
by Edmond M. Ianni
Example: Client owns and operates 5 Auto Spas
• Types of Business Risk to Captively Insure
– Casualty (injuries to persons on premises)
– Errors & Omissions
– Employment Practices Liability
– Property (flood and earthquake)
• Structuring the Captive: A Serialized LLC
– 4 Series Business Units (“SBUs”)
– Centralized Management
11. www.ambar.org/rpte |
The Convergence of Wealth Planning and CIRM: An Overview
by Edmond M. Ianni
Planning Considerations for the new Captive Asset
• Ownership – Some Possibilities
– Dynastic GST Tax-Exempt Trust
– Integrated Charitable Planning: Charitable
Lead Trust
• Intergenerational Transfer
– Gift Tax
– Estate Tax
– GST Tax
• Other Considerations
13. www.ambar.org/rpte |
The Convergence of Wealth Planning and CIRM: An Overview
by Edmond M. Ianni
Some References
• John J. Hampton, Fundamentals of Enterprise Risk Management: How Top Companies Assess Risk, Manage
Exposures and Seize Opportunities (American Management Association 2009)
• John Fraser and Betty J. Simkins, Enterprise Risk Management (John Wiley & Sons, Inc. 2010)
• Donald H. Chew, editor, Corporate Risk Management (Columbia University Press 2008)
• Edmond M. Ianni, “A Growing Multidisciplinary Practice: Captive Insurance and Wealth Planning,” ABA Business
Law Today (Feb. 2014)
• Edmond M. Ianni, “Family Capital Planning and Captive Risk Management,” Trusts & Estates (Sept. 2010)
• Edmond M. Ianni, “Innovation at Work: Employers Creating Their Own Captive Insurers,” Voluntary Benefits
Magazine (Dec. 2010)
• Robert E. Bertucelli, “The Benefits of Captive Insurance Companies,” Journal of Accountancy (March 2013)
• Edmond M. Ianni, “Strategic Capital Management for the States: Addressing Budget Challenges, Healthcare
Costs and Employee Needs,” Captive.com (2012)