A. Prospect Capital Services, Inc., dba Westfield Financial Planning (hereinafter “Westfield
Financial Planning”) (the “Registrant”) was incorporated on January 2006 in the State of
New Jersey. The Registrant became registered as an Investment Adviser Firm in November
2017. The Registrant is principally owned by Mark Swingle.
B. As discussed below, the Registrant offers to its clients (individuals, business entities, trusts,
estates and charitable organizations, etc.) investment advisory services and financial
planning and related consulting services.
INVESTMENT MANAGEMENT SERVICES
The client can determine to 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, generally between 0.50% and 1.50%.
Registrant's annual advisory fee shall include investment management services and
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, the
dollar amount of which shall be set forth in advance in a separate written notice to the client
FINANCIAL PLANNING AND CONSULTING SERVICES (STAND-ALONE)
The Registrant may be engaged to provide financial planning and/or consulting services
(including investment and non-investment related matters, including estate planning, etc.)
on a stand-alone separate fee basis. Registrant’s planning and consulting fees are
negotiable, but generally range from $1,500 to $15,000 on a fixed fee basis, and from $150
to $300 on an hourly rate basis, depending upon the level and scope of the service(s)
required and the professional(s) rendering the service(s). Prior to engaging the Registrant
to provide planning or consulting services, clients are generally 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 prior to Registrant
commencing 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 professionals. 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 their financial situation or investment objectives for the purpose
of reviewing, evaluating or revising Registrant’s previous recommendations and/or
services.
PENSION CONSULTING SERVICES
The Registrant also provides non-discretionary pension consulting services, pursuant to
which it assists sponsors of self-directed retirement 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
may 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 consulting agreement between
the Registrant and the plan sponsor.
SUBSCRIPTION SERVICES AND EDUCATIONAL WORKSHOPS
The Registrant provides monthly newsletters and quarterly educational workshops to
clients free of charge.
MISCELLANEOUS
Limitations of Financial Planning and Non-Investment Consulting/Implementation.
As indicated above, to the extent requested by a client, Registrant may provide financial
planning and related consulting services regarding non-investment related matters, such as
estate planning, tax planning, etc. Please Note: We do not serve as an attorney or
accountant, and no portion of our services should be construed as legal or accounting
services. Accordingly, we do not prepare estate planning documents or tax returns. To the
extent requested by a client, we may recommend the services of other professionals for
certain non-investment implementation purpose (i.e. attorneys, accountants, etc.). 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 Registrant and/or its representatives. Please
Note: If the client engages any recommended unaffiliated professional, and a dispute arises
thereafter relative to such engagement, the client agrees to seek recourse exclusively from
and against the engaged professional.
Please Note: 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 consent
to any such transaction(s) from the client. Thus, in the event of a market correction during
which the client is unavailable, the Registrant will be unable to effect any account
transactions (as it would for its discretionary clients) without first obtaining the client’s
consent.
Retirement Plan Rollovers – No Obligation / Potential for Conflict of Interest. A client
or prospective client leaving an employer typically has four options regarding an existing
retirement plan (and may engage in a combination of these options): (i) leave the money in
the former employer’s plan, if permitted, (ii) roll over the assets to the new employer’s
plan, if one is available and rollovers are permitted, (iii) roll over to an Individual
Retirement Account (“IRA”), or (iv) cash out the account value (which could, depending
upon the client’s age, result in adverse tax consequences). If the Registrant recommends
that a client roll over their retirement plan assets into an account to be managed by the
Registrant, such a recommendation creates a conflict of interest if the Registrant will earn
a new (or increase its current) advisory fee as a result of the rollover. To the extent that
Registrant recommends that clients roll over assets from their retirement plan to an IRA
managed by Registrant, then Registrant represents that it and its investment adviser
representatives are fiduciaries under the Employment Retirement Income Security Act of
1974 (“ERISA”), or the Internal Revenue Code, or both. No client is under any obligation
to roll over retirement plan assets to an account managed by Registrant.
ERISA / IRC Fiduciary Acknowledgment. If the client is: (i) a retirement plan (“Plan”)
organized under ERISA; (ii) a participant or beneficiary of a Plan subject to Title I of
ERISA or described in section 4975(e)(1)(A) of the Internal Revenue Code, with authority
to direct the investment of assets in his or her Plan account or to take a distribution; (iii)
the beneficial owner of an IRA acting on behalf of the IRA; or (iv) a Retail Fiduciary with
respect to a plan subject to Title I of ERISA or described in section 4975(e)(1)(A) of the
Internal Revenue Code: then the Registrant represents that it and its representatives are
fiduciaries under ERISA or the Internal Revenue Code, or both, with respect to any
investment advice provided by the Registrant or its representatives or with respect to any
investment recommendations regarding an ERISA Plan or participant or beneficiary
account.
Independent Managers. Registrant may allocate (and/or recommend that the client
allocate) a portion of a client’s investment assets among unaffiliated independent
investment managers (“Independent Manager(s)”) in accordance with the client’s
designated investment objective(s). In such situations,
the Independent Manager(s) will
have day-to- day responsibility for the active discretionary management of the allocated
assets. Registrant will continue to render investment supervisory services to the client
relative to the ongoing monitoring and review of account performance, asset allocation and
client investment objectives. The Registrant generally considers the following factors when
recommending Independent Manager(s): the client’s designated investment objective(s),
management style, performance, reputation, financial strength, reporting, pricing, and
research. The investment management fees charged by the designated Independent
Manager(s) are exclusive of, and in addition to, Registrant’s ongoing investment advisory
fee, which will be disclosed to the client before entering into the Independent Manager
engagement and/or subject to the terms and conditions of a separate agreement between
the client and the Independent Manager(s).
eMoney. In conjunction with the services provided by eMoney, the Registrant may also
provide access to account aggregation services, which can incorporate all of the client’s
investment assets, including those investment assets that are not part of the assets that we
manage (the “Excluded Assets”). The client and/or their other advisors that maintain
trading authority, and not us, shall be exclusively responsible for the investment
performance of the Excluded Assets. In addition, eMoney also provides access to other
types of information, including financial planning concepts, which should not, in any
manner whatsoever, be construed as services, advice or recommendations provided by
Registrant. Registrant does not provide investment management, monitoring or
implementation services for the Excluded Assets. If Registrant is asked to make a
recommendation as to any Excluded Assets, the client is under absolutely no obligation to
accept the recommendation, and Registrant shall not be responsible for any implementation
error (timing, trading, etc.) relative to the Excluded Assets. The client may engage the
Registrant to provide investment management services for the Excluded Assets pursuant
to the terms and conditions of the Investment Advisory Agreement between Registrant and
the client.
Please Note: Cash Positions. At any specific point in time, depending upon perceived or
anticipated market conditions/events (there being no guarantee that such anticipated
market conditions/events will occur), the Registrant may maintain cash positions for
defensive purposes. All cash positions held within a client’s portfolio may (money
markets, etc.) be included as part of assets under management for purposes of calculating
the Registrant‘s advisory fee. The Registrant does not typically include cash held in a client
account for distribution purposes in its calculation of its advisory fee.
Unaffiliated Private Investment Funds. Registrant may also provide investment advice
regarding unaffiliated private investment funds. Registrant, on a non-discretionary basis,
may recommend that certain qualified clients consider an investment in unaffiliated private
investment funds. Registrant’s role relative to the private investment funds shall be limited
to its initial and ongoing due diligence and investment monitoring services. If a client
determines to become a private fund investor, the amount of assets invested in the fund(s)
shall be included as part of “assets under management” for purposes of Registrant
calculating its investment advisory fee. Registrant’s clients are under absolutely no
obligation to consider or make an investment in a private investment fund(s).
Please Note: Private investment funds generally involve various risk factors, including,
but not limited to, potential for complete loss of principal, liquidity constraints and lack of
transparency, a complete discussion of which is set forth in each fund’s offering
documents, which will be provided to each client for review and consideration. Unlike
liquid investments that a client may own, private investment funds do not provide daily
liquidity or pricing. Each prospective client investor will be required to complete a
Subscription Agreement, pursuant to which the client shall establish that he/she is qualified
for investment in the fund, and acknowledges and accepts the various risk factors that are
associated with such an investment.
Please Also Note: Valuation. In the event that Registrant references private investment
funds owned by the client on any supplemental account reports prepared by Registrant, the
value(s) for all private investment funds owned by the client shall reflect the most recent
valuation provided by the fund sponsor. However, if subsequent to purchase, the fund has
not provided an updated valuation, the valuation shall reflect the initial purchase price. If
subsequent to purchase, the fund provides an updated valuation, then the statement will
reflect that updated value. The updated value will continue to be reflected on the report
until the fund provides a further updated value. Please Also Note: As result of the
valuation process, if the valuation reflects initial purchase price or an updated value
subsequent to purchase price, the current value(s) of an investor’s fund holding(s) could be
significantly more or less than the value reflected on the report. Unless otherwise indicated,
the client’s advisory fee shall be based upon the value reflected on the report.
Use of Mutual and Exchange Traded Funds: Most mutual funds and exchange traded
funds are available directly to the public. Thus, a prospective client can obtain many of the
funds that may be utilized by Registrant independent of engaging Registrant as an
investment advisor. However, if a prospective client determines to do so, he/she will not
receive Registrant’s initial and ongoing investment advisory services. Please Note: In
addition to Registrant’s investment advisory fee described below, and transaction and/or
custodial fees discussed below, clients will also incur, relative to all mutual fund and
exchange traded fund purchases, charges imposed at the fund level (e.g. management fees
and other fund expenses).
Portfolio Activity. Registrant has a fiduciary duty to provide services consistent with the
client’s best interest. As part of its investment advisory services, Registrant will review
client portfolios on an ongoing basis to determine if any changes are necessary based upon
various factors, including, but not limited to, investment performance, fund manager
tenure, style drift, account additions/withdrawals, and/or a change in the client’s
investment objective. Based upon these factors, there may be extended periods of time
when Registrant determines that changes to a client’s portfolio are neither necessary nor
prudent. Of course, as indicated below, there can be no assurance that investment decisions
made by Registrant will be profitable or equal any specific performance level(s).
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 their
responsibility to promptly notify the Registrant if there is ever any change in their financial
situation or investment objectives for the purpose of reviewing, evaluating or revising
Registrant’s previous recommendations and/or services.
Disclosure Statement. A copy of the Registrant’s written Brochure as set forth on Part 2
of Form ADV shall be provided to each client prior to, or contemporaneously with, the
execution of the advisory agreement.
C. The Registrant shall provide investment advisory services specific to the needs of each
client. Prior to 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 31, 2022, the Registrant had $ 167,531,021 in assets under management
on a discretionary basis and $ 739,347 on a non-discretionary basis.