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Who has the power? – Investment Executive

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The term “attorney” is confusing to those who automatically think that the attorney under a power of attorney must be a lawyer. It needn’t be, and the only conditions to be appointed as an attorney are that the individual(s) must have reached the age of majority and must be capable of managing one’s financial affairs. To avoid confusion, note that in some jurisdictions the legal term for attorney is “substitute decision-maker.”

Fortunately, less confusion arises with trusted contact person (TCP).

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I correlate a TCP with an emergency contact. The scenario I reference is filling out a form at the dentist’s office that asks who to contact if something goes awry while in the dental chair.

The TCP is part of regulatory measures that came into effect on Dec. 31, 2021, and was established to help financial advisors when they’re concerned that clients are being financially exploited or demonstrating diminished mental capacity and unable to make financial decisions. For example, a client may exhibit memory loss, an inability to communicate their wishes or an unusually dishevelled appearance.

The TCP acts as a resource for the advisor and is someone they can discuss their observations with. Ultimately, the TCP helps protect the client’s financial interests and assets. Additionally, if an advisor is unable to contact or locate the client, the TCP may be able to assist.

While some dealers may have space for only one name on the applicable form, a client is permitted to choose more than one TCP. Further, while there is no requirement that the TCP be the age of majority, it should be someone who can be trusted, understands the client’s personal matters and knows how to contact the client and their family members and loved ones. A TCP should not be the client’s dealing or advising representative on the account.

TCP versus PoA

A TCP can’t make financial decisions on behalf of a client, meaning they can’t initiate or authorize transactions on the client’s behalf. Nor can they make account changes in any form or be given access to accounts and account information.

A PoA can do anything that the grantor (client) could do unless constrained in the power of attorney document and by provincial and territorial law. They may have the ability to authorize the purchase and sale of securities in an investment account.

Each provincial jurisdiction in Canada has legislation governing the powers of attorney, and the rules vary by province. Typically, the duty to act arises when the PoA has accepted the appointment or has acted in a manner consistent with the appointment. In some cases, the power of attorney document will specify a date or an event that triggers the appointment. An example of an event would be a capacity assessment by medical professionals confirming that the grantor is incapable of managing their financial affairs.

Overall, the PoA must act in accordance with a fiduciary standard and abide by the terms and conditions of the power of attorney document. These duties include but are not limited to the following:

  • acting in the best interests of the grantor
  • exercising reasonable care and skill in conducting the grantor’s affairs
  • keeping records of all transactions and accounting for the grantor’s affairs
  • ceasing to exercise their authority and duties if the power of attorney is revoked

A PoA typically cannot do the following:

  • make a will on the client’s behalf
  • change an existing will
  • change the designated beneficiaries of any registered accounts (RRSP, RRIF, TFSA) or life insurance policies
  • grant a new power of attorney to someone else
  • provide gifts, unless allowed per the power of attorney document and authorized in specific jurisdictions, and the gift doesn’t impoverish the grantor
  • co-mingle the grantor’s assets with their own assets (except for property that is registered jointly)

As with a TCP, a grantor can specify more than one PoA, and there can be PoAs for specific assets.

Nuances of the TCP and PoA selection process

A TCP does not assume the PoA role under a client’s power of attorney document. The PoA is specified in the power of attorney document, and such document will specify the conditions required for the PoA to commence acting in this capacity and what duties and powers the selected PoA has.

A client may designate that their TCP and PoA be the same individual. But an advisor should encourage a client to select a TCP who is not making decisions with respect to the client’s account.

Consider this example. A PoA conducts affairs on a client’s account, but the instructions are inconsistent with the client’s best interests. If the PoA and TCP are the same individual, then the advisor is constrained to share their concerns with an independent third party. Further, a TCP who is not the PoA may provide insight into the client’s support network and help mitigate such a situation.

So, while the TCP has a limited mandate and is unable to directly impact the financial affairs of a client, the indirect impact can be significant.

While the roles and responsibilities of a TCP and PoA are distinct, what isn’t is the characteristics these individuals must have. At a minimum, they must both be trustworthy and responsible.

Michael Kulbak, MBA, CPA, CMA, TEP, is principal of Kulbak Trust Solutions in Mississauga, Ont.

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BWXT announces $80M investment for plant in Cambridge – CityNews Kitchener

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BWX Technologies (BWXT) in Cambridge is investing $80-million to expand their nuclear manufacturing plant in Cambridge.

Minister of Energy, Todd Smith, was in the city on Friday to join the company in the announcement.

The investment will create over 200 new skilled and unionized jobs. This is part of the province’s plan to expand affordable and clean nuclear energy to power the economy.

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“With shovels in the ground today on new nuclear generation, including the first small modular reactor in the G7, I’m so pleased to see global nuclear manufacturers like BWXT expanding their operations in Cambridge and hiring more Ontario workers,” Smith said. “The benefits of Ontario’s nuclear industry reaches far beyond the stations at Darlington, Pickering and Bruce, and this $80 million investment shows how all communities can help meet Ontario’s growing demand for clean energy, while also securing local investments and creating even more good-paying jobs.”

The added jobs will support BWXT’s existing operations across the province as well as help the sector’s ongoing operations of existing nuclear stations at Darlington, Bruce and Pickering.

“Our expansion comes at a time when we’re supporting our customers in the successful execution of some of the largest clean nuclear energy projects in the world,” John MacQuarrie, President of Commercial Operations at BWXT, said.

“At the same time, the global nuclear industry is increasingly being called upon to mitigate the impacts of climate change and increase energy security and independence. By investing significantly in our Cambridge manufacturing facility, BWXT is further positioning our business to serve our customers to produce more safe, clean and reliable electricity in Canada and abroad.”

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AI investments will help chip sector to recover: Analyst – Yahoo Finance

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The semiconductor sector is undergoing a correction as interest rate cut expectations dwindle, prompting concerns about the impact on these high-growth, technology-driven stocks. Wedbush Enterprise Hardware Analyst Matt Bryson joins Yahoo Finance to discuss the dynamics shaping the chip industry.

Bryson acknowledges that the rise of generative AI has been a significant driving force behind the recent success of chip stocks. While he believes that AI is shifting “the way technology works,” he notes it will take time. Due to this, Bryson highlights that “significant investment” will continue to occur in the chip market, fueled by the growth of generative AI applications.

However, Bryson cautions that as interest rates remain elevated, it could “weigh on consumer spending.” Nevertheless, he expresses confidence that the AI revolution “changing the landscape for tech” will likely insulate the sector from the effect of high interest rates, as investors are unwilling to miss out on the “next technology” breakthrough.

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For more expert insight and the latest market action, click here to watch this full episode of Yahoo Finance.

This post was written by Angel Smith

Video Transcript

BRAD SMITH: As rate cut bets shift, so have moves in one sector, in particular. Shares of AMD and Intel, both down over 15% in the last 30 days. The Philadelphia Semiconductor Index, also known as Sox, dropping over 10% from recent highs, despite a higher rate environment.

Our next guest is still bullish on the sector. Matt Bryson, Wedbush Enterprise Hardware analyst, joins us now. Matt, thanks so much for taking the time here. Walk us through your thesis here, especially, given some of the pullback that we’ve seen recently.

MATT BRYSON: So I think what we’ve seen over the last year or so is that the growth of generative AI has fueled the chip stocks. And the expectation that AI is going to shift everything in the way that technology works.

And I think that at the end of the day, that that thesis will prove out. I think the question is really timing. But the investments that we’ve seen that have lifted NVIDIA, that have lifted AMD, that have lifted the chip stock and sector, in general, the large cloud service providers, building out data centers. I don’t think anything has changed there in the near term.

So when I speak to OEMs, who are making AI servers, when I speak to cloud service providers, there is still significant investment going on in that space. That investment is slated to continue certainly into 2025. And I think, as long as there is this substantial investment, that we will see chip names report strong numbers and guide for strong growth.

SEANA SMITH: Matt, when it comes to the fact that we are in this macroeconomic environment right now, likelihood that rates will be higher for longer here, at least, when you take a look at the expectations, especially following some of the commentary that we got from Fed officials this week, what does that signal more broadly for the AI trade, meaning, is there a reason to be a bit more cautious in this higher for longer rate environment, at least, in the near term?

MATT BRYSON: Yeah. I think certainly from a market perspective, high interest rates weight on the market. Eventually, they weigh on consumer spending. Certainly, for a lot of the chip names, they’re high multiple stocks.

When you think about where there can be more of a reaction or a negative reaction to high interest rates, certainly, it has some impact on those names. But in terms of, again, AI changing the fundamental landscape for tech, I don’t think that high interest rates or low interest rates will change that.

So when you think about Microsoft, Amazon, all of those large data center operators looking at AI, potentially, changing the landscape forever and wanting to make a bet on AI to make sure that they don’t miss that change, I don’t think whether interest rates are low or high are going to really affect their investment.

I think they’re going to go ahead and invest because no one wants to be the guy that missed the next technology wave.

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If pension funds can't see the case for investing in Canada, why should you? – The Globe and Mail

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It’s time to ask a rude question: Is Canada still worth investing in?

Before you rush to deliver an appropriately patriotic response, think about the issue for a moment.

A good place to begin is with the federal government’s announcement this week that it is forming a task force under former Bank of Canada governor Stephen Poloz. The task force’s job will be to find ways to encourage Canadian pension funds to invest more of their assets in Canada.

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Wooing pension funds has become a high-priority matter for Ottawa because, at the moment, these big institutional investors don’t invest all that much in Canada. The Canada Pension Plan Investment Board, for instance, had a mere 14 per cent of its massive $570-billion portfolio in Canadian assets at the end of its last fiscal year.

Other major Canadian pension plans have similar allocations, especially if you look beyond their holdings of government bonds and consider only their investments in stocks, infrastructure and real assets. When it comes to such risky assets, these big, sophisticated players often see more potential for good returns outside of Canada than at home.

This leads to a simple question: If the CPPIB and other sophisticated investors aren’t overwhelmed by Canada’s investment appeal, why should you and I be?

It’s not as if Canadian stocks have a record of outstanding success. Over the past decade, they have lagged far behind the juicy returns of the U.S.-based S&P 500.

To be fair, other countries have also fallen short of Wall Street’s glorious run. Still, Canadian stocks have only a middling record over the past 10 years even when measured against other non-U.S. peers. They have trailed French and Japanese stocks and achieved much the same results as their Australian counterparts. There is no obvious Canadian edge.

There are also no obvious reasons to think this middle-of-the-pack record will suddenly improve.

A generation of mismanagement by both major Canadian political parties has spawned a housing crisis and kneecapped productivity growth. It has driven household debt burdens to scary levels.

Policy makers appear unwilling to take bold action on many long-standing problems. Interprovincial trade barriers remain scandalously high, supply-managed agriculture continues to coddle inefficient small producers, and tax policy still pushes people to invest in homes rather than in productive enterprises.

From an investor’s perspective, the situation is not that appetizing. A handful of big banks, a cluster of energy producers and a pair of railways dominate Canada’s stock market. They are solid businesses, yes, but they are also mature industries, with less than thrilling growth prospects.

What is largely missing from the Canadian stock scene are big companies with the potential to expand and innovate around the globe. Shopify Inc. SHOP-T and Brookfield Corp. BN-T qualify. After that, the pickings get scarce, especially in areas such as health care, technology and retailing.

So why hold Canadian stocks at all? Four rationales come to mind:

  • Canadian stocks have lower political risk than U.S. stocks, especially in the run-up to this year’s U.S. presidential election. They also are far away from the front lines of any potential European or Asian conflict.
  • They are cheaper than U.S. stocks on many metrics, including price-to-earnings ratios, price-to-book ratios and dividend yields. Scored in terms of these standard market metrics, they are valued more or less in line with European and Japanese stocks, according to Citigroup calculations.
  • Canadian dividends carry some tax advantages and holding reliable Canadian dividend payers means you don’t have to worry about exchange-rate fluctuations.
  • Despite what you may think, Canada’s fiscal situation actually looks relatively benign. Many countries have seen an explosion of debt since the pandemic hit, but our projected deficits are nowhere near as worrisome as those in the United States, China, Italy or Britain, according to International Monetary Fund figures.

How compelling you find these rationales will depend upon your personal circumstances. Based strictly on the numbers, Canadian stocks look like ho-hum investments – they’re reasonable enough places to put your money, but they fail to stand out compared with what is available globally.

Canadians, though, have always displayed a striking fondness for homebrew. Canadian stocks make up only a smidgen of the global market – about 3 per cent, to be precise – but Canadians typically pour more than half of their total stock market investments into Canadian stocks, according to the International Monetary Fund. This home market bias is hard to justify on any rational basis.

What is more reasonable? Vanguard Canada crunched the historical data in a report last year and concluded that Canadian investors could achieve the best balance between risk and reward by devoting only about 30 per cent of their equity holdings to Canadian stocks.

This seems to be more or less in line with what many Canadian pension funds currently do. They have about half their portfolio in equities, so devoting 30 per cent of that half to domestic stocks works out to holding about 15 per cent of their total portfolio in Canadian equities.

That modest allocation to Canadian stocks is a useful model for Canadian investors of all sizes. And if Ottawa doesn’t like it? Perhaps it could do more to make Canada an attractive investment destination.

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