Insight

Strengthening Governance in Family Offices: Investment Committees Can Safeguard Family Legacies

10. Juli 2024

Establishing a formal investment committee is crucial for strategic investment oversight and decision-making in the complex landscape of family office management. Given the unique challenges and opportunities that family offices face, formalizing the governance process through appropriate policies and procedures ensures disciplined investment practices, mitigates risks, minimizes conflicts or perceived conflicts, and aligns investments with the family’s overarching strategic and financial goals.

UBS’s Global Family Office Report 2024 revealed that only 56% of family offices across the globe have an investment committee, and only 44% have a documented investment process. This data suggests that most family offices have opportunities for institutionalization. This Insight outlines a 10-part framework for creating an investment committee within a family office, detailing essential steps from its formation to its ongoing operation.

1. Purpose and Scope of Investment Committee

The first step in establishing an investment committee is to clearly define its purpose and scope. An investment committee is typically responsible for overseeing the family office’s investment strategy, making decisions on asset allocation (both by asset class and geography), and selecting individual investments. It is vital to identify what types of investments will be addressed by the committee to ensure clarity and focus during its operations.

2. Investment Committee Charter

A formal charter should be drafted to outline the investment committee’s composition, roles, responsibilities, and authority. This charter should detail the committee’s decision-making powers (including the voting standard for the committee), meeting frequency, and reporting structure. Clarifying how the committee interacts with other parts of the family office is also essential for efficient and coordinated governance.

3. Committee Membership

Choosing the right committee members is critical. The committee should include family members with investment expertise, qualified family office employees, and external and independent advisors who can bring specialized knowledge and impartial perspectives. The committee should also be manageable in size to facilitate effective discussion and decision-making.

4. Investment Policies

The committee must establish comprehensive investment policies to guide its decisions. These policies should cover the investment philosophy, risk tolerance, asset allocation, geographical preferences, and criteria for evaluating and exiting investments. The investment policies must also be aligned with the family’s financial goals, and risk preferences, and overall strategy.

5. Due Diligence Procedures

Rigorous due diligence procedures are essential for assessing potential investments. The committee should adopt a structured approach to due diligence that includes financial, operational, and legal evaluations, ensuring each investment is thoroughly vetted before making any investment.

6. Decision-Making Process

The investment decision-making process should be clearly defined, including the protocols for presenting, discussing, and approving investments. Whether decisions are made by a majority vote or through consensus, having a transparent, predefined process helps maintain transparency and efficiency.

7. Monitoring and Reporting

Effective investment governance also involves monitoring ongoing investments and reporting their performance against benchmarks. Regular reporting should be mandated to keep all stakeholders informed about the performance and risks associated with investments.

8. Review and Adaptation

Stakeholders should periodically review and evaluate the effectiveness of the investment committee and the appropriateness of the investment policies. The governance process should be adaptable to changes in the family’s objectives and the external economic environment. Both formal and informal reviews of the investment committee members should be undertaken regularly.

9. Legal and Regulatory Compliance

Ensuring compliance with relevant legal and regulatory requirements is critical. Compliance involves understanding and adhering to all fiduciary duties and ensuring that the office’s investment activities are within legal and regulatory frameworks.

10. Education and Training

Finally, ongoing education and training for committee members are essential, especially as the office considers new asset classes or investment strategies. Continuing education and training ensure all committee members, stakeholders, and decision-makers are well-informed and equipped to make sound investment decisions.

Takeaways

Establishing an investment committee within a family office is a strategic step toward further professionalizing a family office that can significantly enhance investment governance. Family offices can ensure disciplined and effective investment management by defining a clear purpose and scope, adopting an investment committee charter, selecting knowledgeable committee members, and implementing comprehensive policies and processes.

Regular reviews and compliance checks further can align the committee's operations with both office objectives and external regulations.

A formalized investment committee and formalized investment process can help safeguard assets and foster a culture of informed decision-making and financial stewardship within the family office. Additional factors and regulatory requirements should be considered before a family office undertakes to invest third-party money.

Contacts

Our lawyers are well-suited to assist family offices with these issues. If you have any questions or would like more information on the topics discussed in this Insight, please contact any of the following:

Authors
Brian P. Slough (Philadelphia)
Kevin S. Shmelzer (Philadelphia)
Philadelphia
Washington, DC