A. Fort Henry Capital, LLC, (the “Registrant”) is a limited liability company formed on July
23, 2013 in the State of West Virginia. The Registrant became registered as an investment
adviser in 2014. The Registrant is principally owned by Jeremy Lowe and Russell Dunkin.
B. As discussed below, the Registrant offers to its clients (individuals, high net worth
individuals, pension & profit sharing plans, charitable organizations, corporations or other
businesses not listed above, etc.) investment advisory services, financial planning and
consulting services, and retirement plan consulting services.
INVESTMENT ADVISORY SERVICES
The client can engage the Registrant to provide discretionary and/or non-discretionary
investment advisory services on a fee only basis. The Registrant’s annual investment
advisory fee is based upon a percentage (%) of the market value of the assets placed under
the Registrant’s management. Before engaging the Registrant to provide investment
advisory services, clients are required to enter into an Investment Advisory Agreement with
Registrant setting forth the terms and conditions of the engagement (including
termination), describing the scope of the services to be provided, and the fee that is due
from the client.
Registrant’s annual investment advisory fee shall include investment advisory services,
and general financial planning and consulting services. In the event that the client requires
extraordinary planning and/or consultation services (to be determined in the sole discretion
of the Registrant), the Registrant may determine to charge for such additional services
pursuant to a stand-alone Financial Planning Agreement (see below).
The Registrant provides investment advisory services specific to the needs of each client.
Before providing investment advisory services, an investment adviser representative will
ascertain each client’s investment objectives. Then, the Registrant will allocate and/or
recommend that the client allocate investment assets consistent with the designated
investment objectives. The Registrant primarily allocates or recommends that clients
allocate investment assets among: exchange-listed securities, mutual fund shares, and
corporate debt, exchange traded funds (“ETFs”), US government securities, real estate
investment trusts, and certificates of deposit on a discretionary and/or non-discretionary
basis in accordance with the client’s designated investment objective(s). Once allocated,
the Registrant provides ongoing monitoring and review of account performance, asset
allocation and client investment objectives.
FINANCIAL PLANNING AND CONSULTING SERVICES (STAND-ALONE)
To the extent requested by a client, the Registrant may also provide financial planning
and/or consulting services (including investment and non-investment related matters,
including estate planning, insurance planning, etc.) on a stand-alone separate fee basis.
Before engaging the Registrant to provide stand-alone planning or consulting services,
clients are required to enter into a Financial Planning and Consulting Agreement with
Registrant setting forth the terms and conditions of the engagement (including
termination), describing the scope of the services to be provided, and the portion of the fee
that is due from the client before Registrant commences services. If requested by the client,
Registrant may recommend the services of other professionals for implementation
purposes. The client is under no obligation to engage the services of any such
recommended professional. The client retains absolute discretion over all such
implementation decisions and is free to accept or reject any recommendation from the
Registrant. Please Note: If the client engages any such recommended professional, and a
dispute arises thereafter relative to such engagement, the client agrees to seek recourse
exclusively from and against the engaged professional. Please Also Note: It remains the
client’s responsibility to promptly notify the Registrant if there is ever any change in
his/her/its financial situation or investment objectives for the purpose of
reviewing/evaluating/revising Registrant’s previous recommendations and/or services.
RETIREMENT PLAN CONSULTING
The Registrant also provides non-discretionary pension consulting services, pursuant to
which it assists sponsors of self-directed retirement plans and defined benefit plans with
the selection and/or monitoring of investment alternatives (generally open-end mutual
funds) from which plan participants shall choose in self-directing the investments for their
individual plan retirement accounts. In addition, to the extent requested by the plan
sponsor, the Registrant shall also provide participant education designed to assist
participants in identifying the appropriate investment strategy for their retirement plan
accounts. The terms and conditions of the engagement shall generally be set forth in a
Retirement Plan Consulting Agreement between the Registrant and the plan sponsor.
MISCELLANEOUS
Non-Investment Consulting/Implementation Services. If requested by the client, the
Registrant may provide consulting services regarding non-investment related matters, such
as estate planning, tax planning, insurance, etc. Neither the Registrant, nor any of its
representatives, serves as an attorney or accountant, and no portion of the Registrant’s
services should be construed as same. To the extent requested by a client, the Registrant
may recommend the services of other professionals for certain non-investment
implementation purposes (i.e. attorneys, accountants, insurance, etc.), including a
representative of the Registrant in his separate licensed capacity as an insurance agent as
discussed in Item 10C below. The client is under no obligation to engage the services of
any such recommended professional. The client retains absolute discretion over all such
implementation decisions and is free to accept or reject any recommendation from the
Registrant. Please Note: If the client engages any such recommended professional, and a
dispute arises thereafter relative to such engagement, the client agrees to seek recourse
exclusively from and against the engaged professional. Please Also Note: It remains the
client’s responsibility to promptly notify the Registrant if there is ever any change in
his/her/its financial situation or investment objectives for the purpose of
reviewing/evaluating/revising Registrant’s previous recommendations and/or services.
Non-Discretionary Service Limitations. Clients that determine to engage the Registrant
on a non-discretionary investment advisory basis must be willing to accept that the
Registrant cannot effect any account transactions without obtaining prior verbal consent to
any such transaction(s) from the client.
Client Obligations. In performing its services, Registrant shall not be required to verify
any information received from the client or from the client’s other professionals, and is
expressly authorized to rely thereon. Moreover, each client is advised that it remains
his/her/its responsibility to promptly notify the Registrant if there is ever any change in
his/her/its financial situation or investment objectives for the purpose of
reviewing/evaluating/revising Registrant’s previous recommendations and/or services.
Disclosure Statement. A copy of the Registrant’s written Brochure as set forth on Part 2A
of Form ADV shall be provided to each client before, or contemporaneously with, the
execution of the Investment Advisory Agreement.
Written Acknowledgement of Fiduciary Status
When we provide investment advice to you regarding your retirement plan account or
individual retirement account, we are fiduciaries within the meaning of Title I of the
Employee Retirement Income Security Act and/or the Internal Revenue Code, as
applicable, which are laws governing retirement accounts. The way we make money
creates some conflicts with your interests, so we operate under a special rule that requires
us to act in your best interest and not put our interest ahead of yours. Under this special
rule’s provisions, we must:
• Meet a professional standard of care when making investment recommendations
(give prudent advice);
• Never put our financial interests ahead of yours when making recommendations
(give loyal advice);
• Avoid misleading statements about conflicts of interest, fees, and investments;
• Follow policies and procedures designed to ensure that we give advice that is in
your best interest;
• Charge no more than is reasonable for our services; and
• Give you basic information about conflicts of interest.
C. The Registrant shall provide investment advisory services specific to the needs of each
client. Before providing investment advisory services, an investment adviser representative
will ascertain each client’s investment objective(s). Thereafter, the Registrant shall allocate
and/or recommend that the client allocate investment assets consistent with the designated
investment objective(s). The client may, at any time, impose reasonable restrictions, in
writing, on the Registrant’s services.
D. The Registrant does not participate in a wrap fee program.
E. As of December 2022, the Fort Henry Capital, LLC had $191,693,867.00 under
discretionary basis and $3,005,695.00 under non-discretionary basis.