Quarterly report pursuant to Section 13 or 15(d)

Selected Balance Sheet Data

v3.22.1
Selected Balance Sheet Data
3 Months Ended
Mar. 31, 2022
Organization, Consolidation and Presentation of Financial Statements [Abstract]  
Selected Balance Sheet Data
6.
Selected Balance Sheet Data
Allowances on Advances and Loans, and Commissions Receivable
Allowance for credit losses for advances and loans and commissions receivable as of March 31, 2022 and December 31, 2021 was $667,000 and $794,000, respectively.
Other Assets
Other assets consisted of the following (in thousands):
                                 
     Current     
Non-Current
 
     March 31,
2022
     December 31,
2021
     March 31,
2022
     December 31,
2021
 
Mortgage servicing rights (“MSRs”), net of amortization
   $ —        $ —        $ 951      $ 1,855  
Security deposits
     —          —          1,484        1,395  
Employee notes receivable
(1)
     67        40        —          —    
Securities,
held-to-maturity
(2)
     —          —          9,500        9,500  
Customer trust accounts and other
     5,960        5,230        338        396  
    
 
 
    
 
 
    
 
 
    
 
 
 
     $ 6,027      $ 5,270      $ 12,273      $ 13,146  
    
 
 
    
 
 
    
 
 
    
 
 
 
 
(1)
Reduction of accrued bonuses and other employee related expenses in settlement of employee notes receivable were $0 and $10 for the three months ended March 31, 2022 and March 31, 2021, respectively. See Note 7 – “Related-Party Transactions” for additional information.
(2)
Securities,
held-to-maturity,
are expected to mature on September 1, 2024 and accrue interest based on the
1-year
treasury rate.
MSRs
The net change in the carrying value of MSRs consisted of the following (in thousands):
 
                 
     Three Months Ended
March 31,
 
     2022      2021  
Beginning balance
   $ 1,855      $ 1,897  
Additions
     —          303  
Amortization
     (904      (138
    
 
 
    
 
 
 
Ending balance
   $ 951      $ 2,062  
    
 
 
    
 
 
 
The portfolio of loans serviced by the Company aggregated $1.7 billion for each of the periods ended March 31, 2022 and December 31, 2021. See Note 8 – “Fair Value Measurements” for additional information on MSRs. In the three months ended March 31, 2022, the Company received cancellation notices on certain servicing contracts. Amortization of those contracts was adjusted to reflect the cancellations.
In connection with MSR activities, the Company holds funds in escrow for the benefit of the lenders. These funds, which totaled $2.6 million and $4.1 million as of March 31, 2022 and December 31, 2021, 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,
2022
     December 31,
2021
     March 31,
2022
     December 31,
2021
 
Stock appreciation rights (“SARs”) liability
(1)
   $ 2,323      $ 2,241      $ 12,731      $ 14,918  
Commissions payable to investment sales and financing professionals
     51,195        110,769        25,082        31,697  
Deferred compensation liability
(1)
     749        1,080        7,790        6,921  
Other
     727        595        —          —    
    
 
 
    
 
 
    
 
 
    
 
 
 
     $ 54,994      $ 114,685      $ 45,603      $ 53,536  
    
 
 
    
 
 
    
 
 
    
 
 
 
 
(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, 2022 and 2021 were 3.63% and 2.93%, respectively. MMI recorded interest expense related to this liability of $135,000 and $122,000 for the three months ended March 31, 2022 and 2021, respectively.
Estimated payouts within the next twelve months for participants that have separated from service have been classified as current. During each of the three months ended March 31, 2022 and 2021, the Company made total payments of $2.2 million, consisting of principal and accumulated interest.
Commissions Payable
Certain investment sales professionals can 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 may 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, 2022 and 2021, the Company made total payments to participants of $365,000 and $371,000, 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,
 
     2022      2021  
Increase (Decrease) in the carrying value of the assets held in the rabbi trust
(1)
   $ (525    $ 333  
    
 
 
    
 
 
 
Increase (Decrease) in the net carrying value of the deferred compensation obligation
(2)
   $ (532    $ 260  
    
 
 
    
 
 
 
 
(1)
Recorded in other income, 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,
2022
     December 31,
2021
 
Deferred consideration
(1)
   $ 3,300      $ 4,689  
Contingent consideration
(1)
     5,782        6,631  
Dividends Payable
     1,443        —    
Other
     82        74  
    
 
 
    
 
 
 
     $ 10,607      $ 11,394  
    
 
 
    
 
 
 
 
(1)
Includes a measurement period adjustment in 2021 and a settlement of deferred consideration made during the three months ended March 31, 2022 and 2021, which represents a noncash investing activity. See Note 5 – “Acquisitions, Goodwill and Other Intangible Assets” for additional information.