Mark K. Harder. Practices

Transcription

1 Partner Holland T F ext Mark Harder, chair of the firm s Private Client and Family Office Group, has dedicated his practice to counseling and representing high net worth individuals, families, family businesses and their owners, and closely held businesses. He provides his clients with estate planning and estate settlement services, advises on family business succession planning matters, represents family and closely held businesses in their day to day business matters, and serves as an adviser and counselor on legal matters to businesses, individuals, and their families. Mark chaired the Probate and Estate Planning Section of the State Bar of Michigan and also the State Bar of Michigan committee that spent more than five years writing the Michigan Trust Code, which governs how trusts are established and administered in the state. He is a Fellow of the American College of Trust and Estate Counsel. Representative Experience Family Business and Succession Planning Mr. Harder represents family owned businesses and the families who own them, providing advice on the successful transition of ownership and management of these business to future generations. These businesses range in size from $5 million to more than $200 million in annual revenue. ffsuccession planning for a multinational family owned business currently owned by the second, third, and fourth generations of a family. Succession planning tools and techniques employed include grantor retained annuity trusts, family gift trusts, family limited liability partnerships and companies, an irrevocable life insurance trust to provide liquidity, buy and sell agreements, a family constitution, compensation planning for nonfamily executives, and a family office ffsuccession planning for founding generation of a midsized manufacturing company. Succession planning tools and techniques used include multiple classes of stock, grantor retained annuity trusts, family limited liability company, and irrevocable life insurance trusts ffadvise the second generation sibling owners on the transition of a services company to a third generation cousin consortium using installment sales, gifts, and a deferred compensation plan for the senior generation Practices fftrusts and Estates Law ffestate Settlement and Trust Administration fffamily Business and Succession Planning fffamily Office Representation fffiduciary Representation fffundamental Estate Planning fftax Planning ffprivate Client and Family Office Group fffamily Business and Succession Planning Honors and Awards ffranked in Private Wealth Law Michigan, Chambers High Net Worth Guide, ffnamed as one of the Top 100 Michigan Super Lawyers, 2017 ffnamed 2017 and 2010 Lawyer of the Year for Trusts and Estates in the Grand Rapids area by Best Lawyers in America fffellow of the American College of Trusts and Estates Counsel, 2006-Present ffbest Lawyers in America, Trusts and Estates, 2005-Present ffnamed to Michigan Super Lawyers, 2006-Present ffnamed by Michigan Super Lawyers to the Top 50 Consumer Attorneys in Michigan list, , 2018 ffleading Lawyers Michigan, 2014-Present ffcharter Member, Leading Lawyers Advisor Board, 2013-Present

2 ffadvise the founder of a midsized manufacturer of capital equipment on the transition of ownership to the next generation. Planning techniques employed include gifts, sale of stock, recapitalization, and a deferred compensation agreement Estate Planning and Settlement Mr. Harder represents high net worth individuals using complex and sophisticated estate planning techniques, including irrevocable life insurance trusts, grantor retained annuity trusts, grantor or intentionally defective trusts, family limited partnerships and limited liability companies, preferred freeze partnerships, family offices, and charitable remainder trusts. ffdeveloped and implemented a strategic wealth succession and estate plan for high net worth couple. The plan incorporates a charitable remainder trust, private foundation, grantor retained annuity trusts, intentionally defective grantor gift trusts, a family bank, and a family limited liability company ffrepresent third generation inactive members of a family owned multinational manufacturing company using grantor retained annuity trusts, intentionally defective grantor trusts, spousal lifetime access trusts ( SLATs ), gift trusts, and liquidity planning to preserve family wealth and legacy assets and to transfer wealth to fourth generation descendants ffrepresent a fifth generation inactive owner of a family owned business, using revocable trusts, grantor trusts, a lifetime QTIP trust, and a preferred freeze partnership, all designed as part of an integrated plan to minimize the loss of value to transfer taxes and to preserve legacy assets for the 6th generation ffrepresent numerous other high net worth families and employing irrevocable life insurance trusts, grantor retained annuity trusts, intentionally defective grantor trusts, Crummey withdrawal rights trusts, Age 21 trusts, lifetime QTIP trusts, and other gift trusts, charitable remainder trusts, private foundations, and family limited partnerships and family limited liability companies Representation of Family and Closely Held Businesses Mr. Harder also represents numerous family and closely held businesses engaged in a variety of diverse industries and businesses, including: ffprofessional services firm handling acquisitions, shareholder buy and sell agreements, shareholder transactions, and contracting ffautomotive suppliers providing counsel on contracting, acquisitions, and international matters ffsoftware company provides general legal counsel to software company Other In the course of his representation of families and their businesses, Mr. Harder is also called upon from time to time to serve the family and the business in other areas. For example, he: ffserves on the advisory board of a midsized manufacturing company with operations in multiple states and overseas ffserves as trustee of nearly 20 trusts with assets ranging from $125,000 to $3 million Publications ffnamed a 2010 Thought Leader in the Law by Business Review West Michigan ffco-author, Estates and Protected Individuals Code (2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017) Education ffuniversity of Iowa J.D with highest distinction ffuniversity of Iowa B.B.A with high distinction Admitted ff1986, Wisconsin ff1991, Michigan ffco-author, with John H. Martin, Estates and Protected Individuals Code (2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017), Institute of Continuing Legal Education (ICLE) ffcontributing Author, Chapter 15: Planning for a Surviving Spouse, Michigan Estate Planning Handbook, ICLE, 2016, 2017

3 ffauthor, ICLE Commentary to the Michigan Uniform Principal and Income Act, Michigan Probate Sourcebook, 2015, 2016, 2017 ffmichigan continues to modernize trust laws, authorizes Domestic Asset Protection Trusts, 12/12/2016 ffproposed IRS Valuation Regulations Create Narrow Window to Transfer Business Interests on Favorable Basis, 8/4/2016 fffinal Portability Regulations Released, 6/17/2015 f f New Insurable Interest Statute Provides Certainty to Trustees of Insurance Trusts, Michigan Banker, April 2014 f f Trust Code Gains More Certainty, Grand Rapids Business Journal, 2/28/2014 fflawmakers Strengthen Michigan s Trust Code to Ensure That Death Benefits Can Be Paid to Insurance Trusts, 2/12/2014 Professional Affiliations ffamerican College of Trust and Estate Counsel Fellow (2006-Present); State Laws Committee ( ) ffinstitute of Continuing Legal Education Member, Advisory Board (2007-Present) fffamily Firm Institute ffattorneys for Family Held Enterprises Member (1995-Present); Treasurer ( ), Past Member, Board of Directors ( ); 2007 and 2008 Annual Conference Planning Chair Community Affiliations ffcommunity Foundation of the Holland/Zeeland Area Board Chair (2017); Board of Trustees (2014-Present); Development Committee (2013-Present) ffhospice of Holland Center Member, Professional Advisory Committee ( ) ffholland Area Chamber of Commerce Past Chairman, Leadership Holland Selection Committee ( ); Leadership Holland Executive Committee (1998) ffcenter for Women in Transition Board Member ( ); Treasurer, Executive Committee ( ); Finance Committee ( ) ffchildren s Talent Center Regional Advisory Board ( ) Bar Associations ffamerican Bar Association Real Property, Trust and Estate Law Section; Business Law Section; Taxation Section; Law Practice Management Section ffamerican Bar Foundation ffmichigan State Bar Foundation ffstate Bar of Wisconsin ffstate Bar of Michigan ffprobate & Estate Planning Section Ex Officio Member of the Council (2013-Present); Chair ( ), Chair-Elect ( ), Vice Chair ( ), Secretary ( ), Treasurer ( ); Council Member ( ); Michigan Trust Code Committee Chair and Reporter ( ); Chair, Uniform Principal and Income Act Amendments Task Force ( ); Chair, Amicus Curiae Committee ( ); Member, Decanting Committee ( ); Member, Long Range Planning Task Force ( ); Member, Nominating Committee (2013-Present) ffbusiness Law Section fftax Section Speaking Engagements ffpresenter, Selecting the Right Trustee: Know Your Options, 2018 Family Office Exchange Trustees and Beneficiaries Workshop, June 19-20, 2018, Chicago, Illinois Options, 2017 Family Office Exchange Trustees and Beneficiaries Workshop, June 20-21, 2017, Atlanta, Georgia ffpresenter, Drafting Client Letters, 26th Annual Drafting Estate Planning Documents, ICLE, February 2017 ffpresenter, Estate Settlement Readiness, 2016 Family Office Exchange Financial Executives Form, July 19-20, 2016, Chicago, Illinois Options, 2016 Family Office Exchange Trustees and Beneficiaries Workshop, June 22-23, 2016, New York, New York Options, 2015 Family Office Exchange Trustees and

4 Beneficiaries Workshop, November 17, 2015, New York, New York ffco-presenter, Tax and Estate Update, 2015 Family Office Exchange Financial Executives Forum, July 21-22, 2015, Chicago, Illinois ffco-presenter, Achieve Income Tax Advantages and Protect Your Client s Desires, 55th Annual Probate & Estate Planning Institute, June 20, 2015, Plymouth, Michigan ffpresenter, Drafting for Portability, 24th Annual Drafting Estate Planning Documents, ICLE January/ February 2015 ffpresenter, Case Studies in Portability, 54th Annual Probate and Estate Planning Institute, ICLE May/June 2014 ffpresenter, Drafting for Uncertain Times: Dealing with the New Certainty in the Tax Laws (As Well As Life s Unknowns), 22nd Annual Drafting Estate Planning Documents seminar, February 14, 2013, Plymouth, Michigan ffpresenter, Drafting for Uncertain Times: Dealing with the New Certainty in the Tax Laws (As Well As Life s Unknowns), Institute for Continuing Legal Education, January 24, 2013, Grand Rapids, Michigan ffpresenter, Ownership Transition & Estate Planning in 2012: Key Considerations, West Michigan WPO Forum, September 2012 ffpresenter, Uniform Principal and Income Act: Best Practices for Process and Substance, Institute for Continuing Legal Education and the Probate and Estate Planning Section of the State Bar of Michigan, June 15, 2012 ffpresenter, One Year Later: Michigan Trust Code Lessons Learned (or Not), 51st Annual Probate and Estate Planning Institute, ICLE, May/June 2011 ffpresenter, MTC Lessons Learned and One-Year Update, The Michigan Trust Code s First Year: A Look Back & Forward, ICLE, April 2011 ffpresenter, The Michigan Trust Code: Lessons From the First Nine Months, Calhoun County Estate Planning Council, January 2011 ffpresenter, The New Michigan Trust Code: What Lawyers, Accountants, and the Financial Community Need to Know Now!, Berrien County Bar Association and Southwest Michigan Estate Planning Council, January 2011 ffpresenter, Estate Planning in 2011 and Beyond, YPO Forum, January 2011 ffpresenter, The Michigan Trust Code: Lessons From the First Six Months, Midwest Trust and Wealth Management Conference, October 2010 ffpresenter, The New Michigan Trust Code: What Lawyers, Accountants, and the Financial Community Need to Know Now!, Jewish Community Endowment Fund Professional Advisors Committee, May 2010 ffpresenter, It s Official: The New Michigan Trust Code and Its Key Provisions, 50th Annual Probate and Estate Planning Institute, ICLE May/June 2010 ffpresenter, Introducing the Michigan Trust Code, The Michigan Trust Code: A New Era Seminar, Michigan Bankers Association, February 2010 ffpresenter, An Introduction to the New Michigan Trust Code, The New Michigan Trust Code, ICLE January/ February 2010 ffco-presenter, Ongoing Administration of Trusts, The New Michigan Trust Code, ICLE January/February 2010 ffco-presenter and Moderator, Michigan Trust Code: Conversations with the Commentator, Eight installment video series, ICLE ffpresenter, Introducing the Michigan Trust Code: A Primer for Lawyers and Judges, Livingston County Bar Association, November 2009 Trust Officers, Calhoun County Estate Planning Council, November 2009 ffpresenter, Legislative Developments Affecting Succession of the Family Business, Family Business Alliance Annual Forum (October 2009) ffpresenter, What Every Trust Officer Needs to Know About the Michigan Trust Code, Midwest Trust and Wealth Management Conference, October 2009 Trust Officers, West Michigan Estate Planning Council, October 2009 Trust Officers, Lakeshore Estate Planning Council, October 2009

5 ffpresenter, The Michigan Trust Code: Some Things Old, Some Things New, Some Things Borrowed, Some Things Blue To Do, 49th Annual Probate & Estate Planning Institute, ICLE May/June 2009 ffpresenter, Family Constitutions: A Framework for Family and Business Success, Family Business Alliance, February 2008 ffpresenter, Governance for the Family Business: Best Practices that Recognize the Uniqueness of the Family Business, Grand Rapids Bar Association, November 2007 ffpresenter, Succession Planning for the Large and Small Family Business: An Overview with Illustrated Case Studies, Northern Michigan Estate Planning Council, November 2007 ffpresenter, The Succession Planning Process, Family Business Alliance, June 2007 ffpresenter, Drafting in Anticipation of the UTC, 47th Annual Probate and Estate Planning Institute, ICLE May/June 2007 ffpresenter, The Michigan Trust Code: An Overview, Jackson Area Estate Planning Council, January 2007 ffpresenter, The Michigan Trust Code: September 2006 Status Report and Overview, Annual Meeting of the Probate & Estate Planning Section of the State Bar of Michigan, September 2006 ffpresenter, The Michigan Trust Code: A Status Report and Overview, Annual Meeting of the Probate & Estate Planning Section of the State Bar of Michigan, September 2005 ffpresenter, Introduction to the Uniform Trust Code A Preview of Things to Come, 45th Annual Probate and Estate Planning Institute, ICLE May/June 2005 ffco-presenter, What s It Worth? Valuing the Family Held Business, Family Business Quarterly Forum, February 2005 ffpresenter, Selecting and Working with Valuation Firms, Attorneys for Family Held Enterprises 2004 Annual Conference, May 2004 ffpresenter, Selecting and Working with Valuation Firms, Grand Rapids Area Chamber of Commerce Family Owned Business Service Providers Group, April 2004 ffpresenter, Tax Sensitive Trustee Powers, Planning Techniques for the Taxable Estate, ICLE December 2003