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Using trusts and estate planning to fight systemic racism

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Estate and trust planning by financial advisors on behalf of Black Americans can tear down the historical barriers that have led to persistent racial disparities today, according to a new study.

The weight of personal or historical trauma related to wealth, low rates of representation for Black advisors and other minority professionals and daily signs that America is giving up on efforts to acknowledge and confront systemic racism could prove exhausting to anyone in wealth management seeking to lift up historically excluded groups through their work. And those come on top of the difficulty of breaking into the profession and running a successful business.

That’s why Lynne Marie Kohm, a professor of family law at Regent University School of Law in Virginia Beach, Virginia, and Peyton Farley, a 2022 graduate of the school — the co-authors of a published academic study titled, “Strategic Use of Trusts to Dismantle Racism: Building Trust through Trusts to Preserve and Empower Black Wealth,” used the analogy of a starfish to describe the importance of estate planning for Black Americans. Advisors cannot change political and financial systems on their own, but they can aid clients and their families.

“When professionals feel this fatigue, a good strategy for coping is to see that the help he or she can give just one client or just one family can and does make a tremendous difference,” Kohm and Farley said in an email interview. “Throwing one back into the sea may not make a difference to the beach loaded with thousands of starfish, but it makes all the difference to that one. Every client is worthy of attention, and serving just that one client can bring the joy of making a difference in a sea of challenge. Wealth building provides empowerment. And that client’s family wealth building will make a difference for the next generation.”

READ MORE: A plan to build Black wealth in one community — and nationwide

Personal and historical contexts

The study in the Dec. 1 issue of the Thurgood Marshall Law Review followed the researchers’ prior 2021 paper on how the wealth implications of the Tulsa Race Massacre of 1921 demonstrated the need for “wise financial and estate planning” for Black Americans. Other research has found, for example, that eliminating the so-called racial will gap between white and Black Americans would alone slash the wealth gap between the races by 10% over three generations. More generally, experts have pointed out how advisors can add value for clients of any background with estate advice ranging from a nudge toward a plan or revision, the idea of arranging a trust or a number of sophisticated generational transfer methods that protect their family’s wealth for the future.

Kohm and Farley’s paper traces the history of systemic racism in finance before exposing several myths that further impede Black generational wealth transfers. In all, they compiled a compelling case that estate and trust planning with advisors, attorneys, tax professionals or experts from any part of the fields touching wealth management alters the course of history.

“Trusts protect wealth and allow for family wealth growth and transfer, and having a transfer plan for wealth also works to protect wealth from waste and amelioration, effectively increasing wealth,” Kohm and Farley wrote. “Without changes deeper economic divides will be created in American society, leading to more extreme inequalities. Examining what role wealth has and can have in individual lives and families may be a key to beginning to dismantle racism one estate plan at a time to minimize or even extinguish this racial divide in the larger society.”

As they take on that work, though, advisors must also win over clients who have valid personal or historical reasons for avoiding professionals in fields like finance and medicine, according to Pat Brown, a wealth manager in the Lawrence, Kansas-based office of Creative Planning. The research paper made “a lot of great points” in seeking to explain how estate and trust planning act as “a tool against antiracism,” Brown said in an email. 

It prompted him to think of the idea of Black Americans from young to middle-aged households buying insurance policies and establishing a trust to collect the assets and other means of passing down wealth, he said. However, professionals like advisors and doctors have to navigate some distrust in the process.

“There are Black folks even today that don’t think they should go to doctors in 2025 because of the beliefs their parents and grandparents had that got taught to them,” Brown said. “Some of the simple strategies of establishing a trust and funding a trust are a great way of creating wealth and getting it passed down to generation after generation.”

READ MORE: The impact of the ‘racial will gap’ on wealth

Key takeaways

Kohm and Farley cover hundreds of years of history in the first section of the paper, with discussions of race massacres in Tulsa and elsewhere, vagrancy laws, the Freedman’s Savings Bank, redlining and housing segregation, and the legacy of racism in patents. Then they proceed to address six myths about trusts and estate planning: It’s only for the rich; the family already understands the older members’ wishes upon death; it’s too challenging; lawyers aren’t trustworthy; it’s too expensive; and the clients don’t care about what happens to “my stuff” when they pass away, the authors write. 

Trusts may pose varying degrees of complexity, but they offer a solution to many of those problems — especially when there is a fiduciary professional putting the clients’ interests first in all their advice and work on behalf of the entity. At their root, trusts offer a means of preserving wealth between generations for the settlor, trustor, grantor or donor who creates them.

“A settlor is simply the property owner who chooses to manage that property with a trust,” Kohm and Farley wrote. “That trust settlor has all power and authority to make the highest and best use of his or her wealth through accountable management of the assets in that trust — which can include anything from the family farm to the family innovations. Using that power and vesting it in a trusted individual or family member is wiser than leaving it to memory or a conversation that is hoped to be remembered, or to the default intestate succession rules of a state government, which could take years, and result in tremendous asset waste.”

To illustrate the specific importance among Black Americans, they include the examples of family farms that have failed to reach another generation after the original owners’ deaths or even celebrity cases such as the costly legal wrangling after Prince’s death in 2016. Instruments such as a special needs trust, a supplemental needs trust or a spendthrift trust, provision or clause prove highly beneficial.

On the other hand, Kohm and Farley point out that many Black families may avoid these key questions entirely if they involve working with a professional who doesn’t understand their cultural experience. Similar to the field of planning in which fewer than 2% of certified financial planners are Black, the dearth of Black estate lawyers poses a challenge to convincing many prospective clients of the benefits of trust and estate planning.

“Clients want to be served by lawyers with whom they have things in common. Naturally, this is important with race, culture, ethnicity, faith, etc,” Kohm and Farley said. “Overcoming fear and distrust of lawyers and decades of distrust of the law is not an insignificant hurdle, but can be well-bridged by black lawyers serving black families.”

READ MORE: To shrink the wealth gap, reframe money as an everyday topic 

Finding the encouragement in difficult work

While that area speaks to the continuing problem of underrepresentation of Black and Hispanic professionals, it further displays the essential nature of the tough and daily effort to confront the historical legacies of wealth in America — one client at a time — the researchers added.

“It was really not only instructive for us, but encouraging,” Kohm and Farley said of their study. “Every moment of work we spent on it was often upsetting, sometimes therapeutic, but in the end encouraging, and creating in us a desire to continue to work to make a difference. In many ways we sensed that our work was to honor those whose stories were critical to this research.”

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SEC’s Semiannual Reporting Proposal Faces Investor Pushback: What CFOs Need to Know

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U.S. Securities and Exchange Commission (SEC)

A proposal from the U.S. Securities and Exchange Commission to potentially shift some public companies away from quarterly financial reporting toward a semiannual model is drawing significant pushback from investors, even as it continues moving through the regulatory process. The debate has direct implications for corporate finance teams, auditors, and the broader transparency of U.S. capital markets.

What the SEC Proposed

According to a summary published by accounting advisory firm Cohen & Co., the SEC issued a proposed rule on May 19, 2026, aimed at simplifying financial reporting requirements for many U.S. public companies. The proposal would potentially reduce the frequency of certain mandatory disclosures from quarterly to semiannual, a structural change that has not been made to core U.S. reporting requirements in decades.

The proposal follows an extended debate within U.S. policy circles, with proponents arguing that reduced reporting frequency could lower compliance costs and free up management time for longer-term strategic planning rather than quarter-to-quarter results management.

Why Investors Are Pushing Back

Comment letters submitted in response to the proposal have been extensive, and according to Cohen & Co.’s review of the public record, investors “appear to be largely opposed” to the shift, viewing frequent interim reporting as a core benefit of U.S. capital markets relative to other jurisdictions.

Accounting and law firms have taken a more measured position, generally urging any changes to remain aligned with the Financial Accounting Standards Board (FASB), whose existing disclosure requirements and guidance are built around a quarterly reporting cadence. A shift to semiannual reporting without corresponding changes to FASB guidance could create friction between SEC filing requirements and GAAP-based disclosure expectations.

Lessons From the U.K. Experience

The debate is not without precedent. The United Kingdom moved away from mandatory quarterly reporting for listed companies in 2014, returning to a semiannual disclosure requirement. According to Cohen & Co.’s analysis, that experience offers a cautionary data point: there was no measurable increase in capital expenditure or R&D investment following the change, while analyst coverage of affected companies declined as reliable interim information became less available — a particular risk for smaller and newly public companies that rely on analyst coverage to maintain investor visibility.

Practical Implications for Finance Teams

Beyond the debate over disclosure philosophy, the proposal carries practical complications. Many companies have debt covenants and credit agreements structured around quarterly financial delivery; a shift to semiannual reporting could require renegotiating those terms. Reduced reporting frequency would also extend the “window of market silence” between disclosures, a factor that governance and investor-relations teams would need to manage carefully to avoid information asymmetry.

Separately, and unrelated to the reporting-frequency debate, the SEC and FASB have continued finalizing more routine updates this year. New Accounting Standards Updates are taking effect for December 31, 2026, fiscal year-ends covering income tax disclosures, credit loss measurement, induced debt conversions, and stock compensation, according to Eide Bailly’s review of 2026 ASU activity. Additional guidance on paid-in-kind dividends and environmental credits is also on the near-term horizon.

What to Watch Next

The semiannual reporting proposal remains in the comment and review phase, and no final rule has been adopted as of this writing. Finance leaders should monitor the SEC’s regulatory agenda for further movement, while treating the current quarterly reporting requirement as the operative standard until any final rule is issued and an effective date is set.

Given the extent of investor opposition documented in the comment file, a full shift to mandatory semiannual reporting appears more likely to result in either a scaled-back compromise or continued study rather than swift adoption — though the SEC’s ultimate direction remains uncertain.

 

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AI-Driven Automation and Continuous Accounting Frameworks

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The accounting profession is undergoing a fundamental structural transition as enterprise finance departments shift from periodic month-end closes toward automated continuous accounting models. By integrating specialized machine learning algorithms directly into enterprise resource planning (ERP) platforms, chief accounting officers are transforming financial reporting from a retrospective exercise into a real-time operational asset.

The Shift from Periodic Close to Continuous Financial Reporting
Traditional accounting workflows heavily relied on manual data reconciliation, spreadsheet calculations, and multi-week closing cycles at the end of each fiscal period. In contrast, continuous accounting frameworks utilize automated software agents to process, validate, and post transactional data in real time as business activities occur.

Automated bank reconciliation tools cross-reference incoming bank feeds, invoice records, and purchase orders automatically. By resolving transactional variances instantly throughout the month, corporate accounting teams eliminate the traditional workload spikes associated with quarterly and annual closes.

Machine Learning in Audit Trails and Anomaly Detection
Advanced natural language processing (NLP) and machine learning tools are redefining internal audit and financial control environments. Automated systems analyze 100% of general ledger entries, identifying anomalous transactions, duplicate payments, and unauthorized journal entries in real time.

Rather than relying on random statistical sampling, corporate internal auditors can focus their attention on high-risk flags automatically surfaced by algorithmic monitoring platforms. This continuous risk assessment strengthens internal controls over financial reporting (ICFR) and significantly reduces fraud risk.

Evolving Roles for Accounting Professionals
As routine data entry and manual reconciliation tasks become fully automated, the skill set required for accounting professionals is shifting toward data analysis, system design, and strategic business advisory.
– Systems Governance: Accountants are increasingly responsible for monitoring algorithmic accuracy and managing data integration pipelines.
– Business Partnership: Finance professionals leverage real-time financial dashboards to advise operational leaders on margin management and working capital allocation.
– Regulatory Compliance Management: Accounting teams utilize automated platforms to ensure compliance with dynamic tax codes and international accounting standards.

Core Implementation Recommendations
1. Deploy Automated Reconciliation Tools: Integrate continuous transaction processing modules into existing enterprise ERP architectures.
2. Establish Algorithmic Governance Controls: Implement strict internal testing protocols to ensure automated accounting rules comply with GAAP/IFRS standards.
3. Reskill Accounting Teams: Invest in training finance staff on data analytics, workflow automation, and predictive financial modeling.

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Accounting

Global ESG Reporting Standards and Double Materiality Compliance

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Corporate accounting departments face expanding reporting expectations as international sustainability disclosure standards achieve regulatory enforcement across major global jurisdictions. Chief Accounting Officers (CAOs) and corporate controllers are establishing rigorous internal accounting controls to treat Environmental, Social, and Governance (ESG) metrics with the same data precision, auditability, and governance as traditional financial statements.

Regulatory Harmonization Under Global Sustainability Frameworks
The implementation of standardized sustainability reporting frameworks—notably rules established by international sustainability accounting boards—has created unified expectations for public and large private enterprises. Corporations must report standardized metrics covering greenhouse gas emissions (Scope 1, 2, and material Scope 3), energy utilization, workforce demographics, and supply chain governance.

In Europe and other participating international jurisdictions, double materiality principles are mandatory. Under double materiality, organizations must report both how external sustainability risks impact corporate financial performance, and how internal corporate operations affect surrounding environmental and social structures.

Integrating Sustainability Metrics into Core ERP Systems
To provide auditable non-financial data, enterprise organizations are integrating specialized carbon accounting and ESG management platforms directly into core ERP systems. Automated data collectors capture energy utility invoices, logistics fuel consumption metrics, and vendor compliance records in real time.

Establishing automated, traceable data pipelines ensures that non-financial reporting is supported by clear audit trails. This structured approach allows external financial auditors to provide reasonable assurance on sustainability disclosures during annual corporate reporting cycles.

Financial Impacts and Capital Market Disclosure
Accurate ESG reporting directly influences corporate cost of capital and institutional credit ratings. Commercial lenders and institutional asset managers systematically incorporate sustainability metrics into risk pricing models. Companies that demonstrate transparent, verifiable progress in operational energy efficiency and climate risk mitigation benefit from expanded access to green bond markets and lower debt pricing.

Action Steps for Accounting Leadership
1. Implement Double Materiality Frameworks: Conduct comprehensive assessments to identify material financial and operational sustainability metrics.
2. Build Auditable Non-Financial Data Pipelines: Automate ESG data collection within core accounting software to ensure data integrity.
3. Align Sustainability with Annual Financial Filings: Prepare non-financial disclosures concurrently with financial statements to satisfy regulatory audit expectations.

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