Quarterly report pursuant to Section 13 or 15(d)

Selected Balance Sheet Data

v3.21.1
Selected Balance Sheet Data
 3 Months Ended
Mar. 31, 2021
Organization, Consolidation and Presentation of Financial Statements [Abstract]  
Selected Balance Sheet Data
6.
Selected Balance Sheet Data
Advances and Loans, Net and Commissions Receivable, Net 
Allowance for credit losses for advances and loans and commissions receivable consisted of the following (in thousands):
 
    
Advances
 and
Loans
      Commissions
Receivable		      Total  
Beginning balance as of January 1, 2021
    $ 563      $ 94      $ 657  
Credit loss recovery
      (67 )       (79 )       (146 ) 
Write-offs
      (2 )       —          (2 ) 
    
 
 
     
 
 
     
 
 
  
Ending balance as of March 31, 2021
    $ 494      $ 15      $ 509  
    
 
 
     
 
 
     
 
 
  
 
    
Advances
 and
Loans
      Commissions
Receivable		     Total  
Beginning balance as of January 1, 2020
    $ 512      $ 32 
(1)
 		   $ 544  
Credit loss recovery
      (120 )       —         (120 ) 
Write-offs
      (2 )       —         (2 ) 
    
 
 
     
 
 
    
 
 
  
Ending balance as of March 31, 2020
    $ 390      $ 32     $ 422  
    
 
 
     
 
 
    
 
 
  
 
(1)
 
Includes cumulative-effect adjustment related to the adoption of ASU No. 2016-13,
Financial Instruments – Credit Losses.
Other Assets
Other assets consisted of the following (in thousands):
 
     Current     
Non-Current
  
     March 31,
2021		      December 31,
2020		      March 31,
2021		      December 31,
2020		  
Mortgage servicing rights (“MSRs”), net of amortization
    $ —        $ —        $ 2,062      $ 1,897  
Security deposits
      —          —          1,463        1,461  
Employee notes receivable
(1)
      165        185        13        246  
Customer trust accounts and other
      5,477        4,526        537        572  
    
 
 
     
 
 
     
 
 
     
 
 
  
     $ 5,642      $ 4,711      $ 4,075      $ 4,176  
    
 
 
     
 
 
     
 
 
     
 
 
  
 
(1)
Reduction of accrued bonuses and other employee related expenses in settlement of employee notes receivable were $10 and $0
 
for the three months ended March 31, 2021 and 2020, respectively. See Note 7 – “Related-Party Transactions” for additional information.
MSRs
The net change in the carrying value of MSRs consisted of the following (in thousands):
 
     Three Months Ended
March 31,		  
     2021      2020  
Beginning balance
    $ 1,897      $
 
 2,002  
Additions
      303        77  
Amortization
      (138 )       (129 ) 
    
 
 
     
 
 
  
Ending balance
    $ 2,062      $ 1,950  
    
 
 
     
 
 
  
The portfolio of loans serviced by the Company aggregated $1.6 billion for each of the periods ended March 31, 2021 and December 31, 2020, respectively. See Note 8 – “Fair Value Measurements” for additional information on MSRs.
In connection with MSR activities, the Company holds funds in escrow for the benefit of the lenders. These funds, which totaled $2.0 million and $3.2 million as of March 31, 2021 and December 31, 2020, respectively, and the offsetting obligations are not presented in the Company’s condensed consolidated financial statements as they do not represent assets and liabilities of the Company.
Deferred Compensation and Commissions
Deferred compensation and commissions consisted of the following (in thousands):
 
     Current     
Non-Current
  
     March 31,
2021		      December 31,
2020		      March 31,
2021		      December 31,
2020		  
Stock appreciation rights (“SARs”) liability (1)
    $ 2,225      $
 
 2,162      $
 
 14,568      $ 16,671  
Commissions payable to investment sales and financing professionals
      29,054        54,082        7,389        15,306  
Deferred compensation liability (1)
      1,485        1,519        6,788        6,768  
Other
      435        343        —          —    
    
 
 
     
 
 
     
 
 
     
 
 
  
     $ 33,199      $ 58,106      $ 28,745      $ 38,745  
    
 
 
     
 
 
     
 
 
     
 
 
  
 
(1)
The SARs and deferred compensation liability become subject to payout as a result of a participant no longer being considered a service provider. As a result of the retirement of certain participants, estimated amounts to be paid to the participants within the next twelve months have been classified as current. 
SARs Liability
Prior to the IPO, certain employees of the Company were granted SARs under a stock-based compensation program assumed by MMC. In connection with the IPO, the SARs agreements were revised, the MMC liability of $20.0 million for the SARs was frozen as of March 31, 2013 and was transferred to MMI through a capital distribution. The SARs liability will be settled with each participant in ten annual installments in January of each year upon retirement or termination from service, or in full upon consummation of a change in control of the Company.
Under the revised agreements, MMI is required to accrue interest on the outstanding balance beginning on
 
January 1, 2014 at a rate based on the
10-year
treasury note, plus 2%. The rate resets annually. The rates at January 1, 2021 and 2020 were 2.930% and 3.920%, respectively. MMI recorded interest expense related to this liability of $122,000 and $178,000 for the three months ended March 31, 2021 and 2020, respectively.
Estimated payouts within the next twelve months for participants that have separated from service have been classified as current. During the three months ended March 31, 2021 and 2020, the Company made total payments of $2.2 million and $2.1 million, consisting of principal and accumulated interest, respectively.
Commissions Payable
Certain investment sales professionals have the ability to earn additional commissions after meeting certain annual revenue thresholds. These commissions are recognized as cost of services in the period in which they are earned as they relate to specific transactions closed. The Company has the ability to defer payment of certain commissions, at its election, for up to three years. Commissions payable that are not expected to be paid within twelve months are classified as long-term.
Deferred Compensation Liability
A select group of management is eligible to participate in the Marcus & Millichap Deferred Compensation Plan (the “Deferred Compensation Plan”). The Deferred Compensation Plan is a
non-qualified
deferred compensation plan that is intended to comply with Section 409A of the Internal Revenue Code and permits participants to defer compensation up to the limits set forth in the Deferred Compensation Plan. Amounts are paid out generally when the participant is no longer a service provider; however, an
in-service
payout election is available to participants. Participants may elect to receive payouts as a lump sum or quarterly over a two to fifteen-year period. The Company elected to fund the Deferred Compensation Plan through company owned variable life insurance policies. The Deferred Compensation Plan is managed by a third-party institutional fund manager, and the deferred compensation and investment earnings are held as a Company asset in a rabbi trust, which is recorded in assets held in rabbi trust in the accompanying condensed consolidated balance sheets. The assets in the trust are restricted unless the Company becomes insolvent, in which case the trust assets are subject to the claims of the Company’s creditors. The Company may also, in its sole and absolute discretion, elect to withdraw at any time a portion of the trust assets by an amount by which the fair market value of the trust assets exceeds 110% of the aggregate deferred compensation liability represented by the participants’ accounts. Estimated payouts within the next twelve months for participants that have separated from service or elected in service payout have been classified as current. During the three months ended March 31, 2021 and 2020, the Company made total payments to participants of $371,000 and $358,000, respectively.
The assets held in the rabbi trust are carried at the cash surrender value of the variable life insurance policies, which represents its fair value. The net change in the carrying value of the assets held in the rabbi trust and the net change in the carrying value of the deferred compensation liability, each exclusive of additional contributions, distributions and trust expenses consisted of the following (in thousands):
 
     Three Months Ended
March 31,		  
     2021      2020  
Increase (decrease) in the carrying value of the assets held in the rabbi trust
(1)
    $ 333      $ (1,388 ) 
    
 
 
     
 
 
  
Increase (decrease) in the net carrying value of the deferred compensation obligation
(2)
    $ 260      $ (1,273 ) 
    
 
 
     
 
 
  
 
(1)
Recorded in other income (expense), net in the condensed consolidated statements of net and comprehensive income.
(2)
Recorded in selling, general and administrative expense in the condensed consolidated statements of net and comprehensive income.
Other Liabilities
Other liabilities consisted of the following (in thousands):
 
    
Non-Current
  
     March 31,
2021		      December 31,
2020		  
Deferred consideration
(1) (2)
    $ 7,171      $ 8,582  
Contingent consideration
(1)
      4,033        4,219  
Other
      1,013        1,015  
    
 
 
     
 
 
  
     $ 12,217      $ 13,816  
    
 
 
     
 
 
  
 
(1)
The current portions of deferred consideration in the amounts of $6,571 and $6,666 as of March 31, 2021 and December 31, 2020, respectively, are included in accounts payable and other liabilities in the condensed consolidated balance sheets. The current portions of contingent consideration in the amounts of $1,268 and $1,353 as of March 31, 2021 and December 31, 2020, respectively, are included in accounts payable and other liabilities in the condensed consolidated balance sheets.
(2)
Includes a measurement period adjustment made during the three months ended March 31, 2021, which represents a noncash investing activity. See Note 5 – “Acquisitions, Goodwill and Other Intangible Assets” for additional information.