Employ Multilayer Protection when using OPM
Layer 0: personal level protection
For capital > $5M or returns >$300k/year:
- use Pte Ltd Company to take OPM, and
- do not act as personal guarantor for any of the PLC's activities/OPM.
In this way, bankruptcy is limited to just the PLC, and max loss is the equity in the PLC. This is the most effective bankruptcy protection.
The figure $5M capital or $300k/year ROE is based on the fact that personal income tax rate (20%) for that income bracket onwards starts to exceed corporate income tax rate (17%).
For returns <$300k/year,
which is for most normal ppl, everyone has to be personally liable for debt, hence is exposed to bankruptcy and total asset seizure by creditor. The following measures should be taken in sequence:
- Have a fixed salary job as an employee (not self-employed), i.e. IRON RICE BOWL (civil service is the best)
- Buy HDB as home residence (HDB laws protect home from creditors)
- Max out CPF (SA+OA) to ERS (CPF laws protect CPF savings from creditors)
A fixed salary job as an employee is rated more highly by the bank, whereas a self-employed is not. Bank devalues the salary of self-employed and also requires years of income and CPF contribution to prove sustainability.
Hence as long as the required loan repayment are current or margin requirements fulfilled for a fix-salaried employee, then no change in personal financial declaration and the bank loan will never be recalled. Neither will brokers change margin requirements out of the blue if financial status of account holder is unchanged.
Layer 1: Liquidity protection
All OPM comes with cost. Either interest payments, or interest + principal repayments,
or partial control / director / board seat for external investor (out of my scope).
For interest + principal repayments,
- set up a cash buffer for several instalments
- stand by alternate income source (eg ask working spouse to stand by to pay for some of the instalments in event of emergency)
For margin calls in financial markets:
- set up back-up accounts that will not be used for normal trading, with a different broker. The size of backup account should substantial, eg. 50% of main account. Switch to this backup account for trading, as the account under margin-called may be liquidated leading to capital reduced too low.
- If there is negative equity during margin-call, then you’ll need to pay back the debt to the broker. But your back-up account remains operable.
Layer 2: Risk management
Property investors should
- have a due diligence checklist or some kind of monitoring checklist to determine their property value. Most common event that can devalue a property or affect its selling price is the change in zoning laws, especially in the immediate surrounding area. Second is structural problem (building defect).
- monitor interest rate (macro economic indicators) and pre-emptively act to either hedge or recycle property holdings.
Financial market investors should
- employ a max stop loss (eg -8%) and strictly follow it. No averaging down.
- total account stop loss level (eg -20%) which triggers full account liquidation and lockout.
either automated, or mentally act with strict discipline. With leveraged positions, it is possible for entire account to go into deficit (debt), and hence acting on the stop loss is vital to preserve remaining capital.