Cadaret Grant & Co., Inc. (“Cadaret Grant,” “we,” or “us”) was formed in 1985 and is a Delaware
corporation. We are a wholly owned subsidiary of AWS 4, Inc., a Delaware corporation, which is
a wholly owned subsidiary of Atria Wealth Solutions, Inc., a Delaware corporation, which is in
turn wholly own by Atria Wealth Holdings LLC, a Delaware limited liability company, which is
privately owned.
Cadaret Grant is registered as a broker-dealer and investment adviser with the Securities and
Exchange Commission (“SEC”) and is a member of the Financial Industry Regulatory Authority,
Inc. (“FINRA”) and Securities Investor Protection Corporation (“SIPC”). Cadaret Grant is also
licensed as an insurance agency in 50 states.
Our principal business is providing a full line of services as a registered securities broker-dealer and
investment adviser. In our capacity as a broker-dealer, we are involved in the sale of securities
of various types including stocks, bonds, mutual funds, alternative investments, unit investment
trusts (“UITs”), and variable annuities. We do not sell proprietary products.
As of December 31, 2023, Cadaret Grant had regulatory assets under management of
$6,873,332,863. Of that amount, $102,633,687 was managed on a non-discretionary basis and
$6,770,699,176 was managed on a discretionary basis.
Our investment advisory services (“Advisory Services”) are made available to clients through
individuals associated with Cadaret Grant as investment adviser representatives (“IARs”). Many
IARs are dually licensed (i.e., they are licensed both as IARs and as registered representatives
and offer both investment advisory and brokerage services), which, in addition to Advisory
Services, allows them to offer commission-based products. Your IAR will disclose to you whether
he or she is dually licensed and if there are any limitations on services offered due to registrations
and qualifications.
IARs are independent contractors of Cadaret Grant. IARs and Cadaret Grant branch offices often
use marketing or business names other than Cadaret Grant. The purpose of using a name other
than Cadaret Grant is for an IAR to create a brand that is specific to the IAR or branch but separate
from Cadaret Grant. IARs who use names other than Cadaret Grant must disclose in their
advertising and correspondence materials that securities and advisory services are offered through
Cadaret Grant.
Our Advisory Services consist of programs sponsored by us, as well as advisory programs
available through unaffiliated third-party investment advisers (“TPIA”). Our Advisory Services are
designed to accommodate a wide range of investment philosophies and objectives. This allows
our IARs to select the programs that they believe are best suited to meet each client’s individual
needs and circumstances. We do not hold ourselves out as specializing in a particular type of
advisory service. However, some IARs focus on certain types of advisory services over others.
IARs, subject to Cadaret Grant's supervision, can develop their own investment philosophies and
strategies. Investment philosophies and strategies can differ considerably between and among
IARs even with investment philosophies and strategies that carry the same or a substantially similar
name. There is no guarantee, stated or implied, that a strategy or client’s investment goals or
objectives will be achieved.
Clients have access to a wide range of securities products, including common and preferred
stocks; municipal, corporate, and government fixed income securities; limited partnerships;
mutual funds; exchange traded funds (“ETFs”), options, unit investment trusts (“UITs”), direct
investment programs; and indexed, registered index-linked, and variable annuity products, as
well as a wide range of other products and services including asset allocation services. IARs offer
advice on these, and other types of investments based on the individual circumstances of each
client.
We offer the following advisory programs and services to our clients (“you” or “your”):
• Contour Platform
• The Investment Management System (“TIMS”)
• The Investment Management Systems II (“TIMS II”)
• Retirement services
• Consulting and financial planning services
• Third party investment adviser (“TPIA”) programs
Contour Platform (Contour)
Cadaret Grant sponsors the Contour Platform (“Contour”), a discretionary investment advisory
program that provides IARs access to tools to provide individualized investment management
services. We offer non-wrap and wrap fee options through the Contour Program. For more
information on the wrap fee option, please see the Form ADV Part 2A Appendix 1 (“Contour
Brochure”) for this program. Contour is administered through an agreement with Envestnet Asset
Management, Inc. (“Envestnet”), an investment adviser registered with the SEC. Cadaret Grant has
engaged Envestnet to provide various administrative services to Contour clients as described below.
Custody of a client’s Contour account assets is maintained by an unaffiliated custodian designated
by the client after consultation with an IAR. Custodial options include Pershing LLC (“Pershing”)
and Charles Schwab & Co., Inc. (“Schwab”), and any other custodian we choose to make
available (hereinafter referred to as “Custodian”). Each Custodian is responsible for execution and
clearing of transactions, custody of assets, and delivery of statements and confirmations for
Contour accounts. Neither Envestnet, Pershing nor Schwab is affiliated with Cadaret Grant.
Contour is comprised of multiple program options: (1) Advisor as Portfolio Manager (“APM”), (2)
Fund Strategist Portfolios (“FSP”), (3) Separately Managed Accounts (“SMA”), and (4) Unified
Managed Accounts (“UMA”). Your IAR will confer with you to determine your financial needs and
objectives and gather your client profile and risk tolerance information to complete a Statement of
Investment Selection (“SIS”). The information gathered from the risk tolerance questionnaire
(“RTQ”) or approved financial planning tool assists in determining the allocation of your assets into
an asset allocation model fitting one of seven investment profiles: Capital Preservation,
Conservative, Conservative Growth, Moderate, Moderate Growth, Growth, or Aggressive. Your
IAR will obtain your written consent to change your investment profile risk tolerance. Your IAR will
assist you in selecting one of the four program options listed above. Your IAR will create a
proposal (“Proposal”) including your investment profile questionnaire responses, selected
program option(s), and applicable fees. You, your IAR, and Cadaret Grant will enter into a Contour
Platform Account Agreement (“Contour Agreement”) outlining your participation in the Platform.
A client opening a Contour account will receive a copy of the Contour Brochure, which contains
additional information concerning the Contour Platform, wrap fee programs in general, and a
disclosure of fees payable by the client.
The Investment Management System (TIMS)
TIMS is an advisor as portfolio manager program that offers IARs the ability to implement a fee-
based asset management program using a large selection of investments, including no load and
load-waived mutual funds, general securities (stocks, bonds, and options), and other investments
to help achieve a client's investment objectives, all within one consolidated account. Each IAR has
his or her own research techniques and investment strategies that apply to the creation of
investment portfolios designed to help achieve a client’s investment goals.
Custody of a client’s TIMS account assets are maintained by an unaffiliated custodian designated
by the client after consultation with an IAR. Custodial options include Pershing, Schwab, and any
other custodian we choose to make available. Each custodian is responsible for execution and
clearing of transactions, custody of assets, and delivery of statements and confirmations.
Custodians are not affiliated with Cadaret Grant.
Transactions are implemented on a discretionary basis with the exception of general securities
(stocks, bonds, and options), which are executed on a non-discretionary basis. An IAR will consult
with a client before effecting general securities transactions. Transactions for client accounts are
executed independently, unless an IAR decides to purchase or sell the same securities for several
clients at approximately the same time, in which case an IAR might (but is not obligated to) combine
or “batch” orders to obtain the best execution and to equitably allocate among clients the difference
in price that might have been obtained had such orders been placed independently. When combined
or batched, transaction prices and costs are averaged and allocated among an IAR's clients in
proportion to the purchase and sale orders placed for each client's account on any given day.
During any month in which there is activity in an account, a client will receive a monthly account
statement from the client’s custodian showing account activity and positions held in an account
at month-end. A client will receive a confirmation of each transaction. Upon request, a client will
be provided with any additional trade information required by SEC Rule 10b-10. Clients also
receive a detailed quarterly performance report at the discretion of the IAR and an annual tax
reporting statement from the account custodian for taxable accounts and transactions. The TIMS
program is currently only available to clients of IARs who had clients using the TIMS program prior
to April 1, 2022.
The Investment Management System II (TIMS II)
TIMS II is an advisor as portfolio manager program that offers IARs the ability to implement a
discretionary fee-based asset management program using a broad range of investments including
mutual funds, ETFs, publicly and non-publicly traded real estate investment trusts (“REITs”), unit
investment trusts (“UITs”), stocks, bonds, options, and other investments to achieve a client’s
investment objectives, within one consolidated account. Each IAR has his or her own research
techniques and investment strategies which apply to the creation of investment portfolios designed
to help to achieve clients’ investment goals.
Custody of a client’s TIMS II account assets is maintained by an unaffiliated custodian designated
by the client after consultation with an IAR. Custodial options include Pershing, and any other
custodian we choose to make available. Each custodian is responsible for execution and clearing
of transactions, custody of assets, and delivery of statements and confirmations for TIMS II
accounts. Custodians are not affiliated with Cadaret Grant.
Transactions for client accounts are executed independently, unless an IAR decides to purchase
or sell the same securities for several clients at approximately the same time. As noted above,
when batched, transactions are averaged by price and allocated among an IAR's clients in proportion
to the purchase and sale orders placed for each client's account on any given day.
During any month in which there is activity in an account, a client will receive a monthly account
statement from the client’s custodian showing account activity and positions in the account at
month-end. A client receives a confirmation of each transaction that occurs within the account.
Upon request, a client will be provided with any additional trade information required by SEC Rule
10b-10. Clients also receive a detailed quarterly performance report at the discretion of the IAR and
an annual tax reporting statement from the account custodian for taxable accounts and
transactions.
Retirement Services Program
Our retirement services program offers an IAR three ways to assist retirement plan sponsors and
plan participants with customized investment advisory services, diversified investment menus,
consulting and reporting, and participant educational programs.
1. Investment Supervisory Services
Cadaret Grant has contracted with unaffiliated third parties Aspire Financial services, LLC (“Aspire”)
and FPS Services, LLC, doing business as IPX Retirement (“IPX”) to provide recordkeeping
services and third party-administration services for qualified retirement plans. Through these
platforms provided by Aspire and IPX, an IAR provides investment advisory service and assists
plan sponsors with developing a customized investment plan to fit the needs of individual plan
participants. Cadaret Grant and an IAR use various investment options, including mutual funds
(including no-load and load-waived mutual funds), ETFs, asset allocation models, or a combination
to meet the specific needs of the plan. In addition to the various investment options, plan participants
have the ability to engage an approved sub-advisor on a platform for the creation and management
of the investments offered to the plan. Each investment plan consists of a diversified mix of
investment options to assist plan participants in meeting their individual needs. The mix and
weightings of investments is based on the available investment plan options and each plan
participant’s risk profile, investment objectives, and individual preferences. Each plan and plan
participant has the opportunity to meet with the IAR at periodic educational sessions and the plan
has the opportunity to review the assets in the plan periodically with the IAR. The plan and plan
participants maintain full and complete ownership rights to all vested assets held within plan
accounts. Plan participants have the ability to generate online account statements through a Web
site provided by the recordkeeper, or receive account statements from the recordkeeper, showing
account activity, positions, and asset values held in the account no less frequently than quarterly.
Plan participants can also make changes to their investment allocation on a periodic basis, in
accordance with the terms of the respective plan documents. The assets of each plan account are
held at a qualified custodian.
2. Fee Based Retirement Plan Services (Retirement Consulting)
Plan sponsors can retain an IAR to provide selected discretionary and non-discretionary services
for qualified plans. An IAR can provide one or more of the following consulting services: general
information on legislative, Department of Labor, and Internal Revenue Service matters of relevance
to qualified plans; evaluation and recommendation of service providers, plan design, needs
analysis, preparation of plan investment policy statement, performance analysis of investments or
investment managers utilized by the plan, monitoring of investments selected by the plan sponsor
for style drift and correlation with stated fund investment objectives, enrollment meetings for
participants, ongoing investment education for participants regarding plan options, information and
education in response to participant inquiries, individual financial and estate planning consultation
to plan participants, and plan distribution consulting.
Plan assets are held at a qualified custodian. The custodian will designate a broker-dealer of
record for plan assets other than Cadaret Grant. If the broker-dealer of record or custodian
receives mutual fund sub-transfer agent fees and/or mutual fund 12b-1 fees from investments in
the plan, neither the IAR nor Cadaret Grant participate in these fees. Additionally, neither the IAR
nor Cadaret Grant maintains responsibility for reviewing and/or monitoring such fees to ensure
administrative costs are properly offset.
The person(s) signing the retirement plan agreement on behalf of a plan must acknowledge he or
she is authorized to do so and is a responsible plan fiduciary as defined in the Department of Labor’s
Employee Benefits Security Administration Section 408b-2 regulation. All recommendations or
investment advice provided by an IAR are based upon the information provided by the plan sponsor
and/or plan participant as applicable. Cadaret Grant is a “fiduciary” as defined under Section 3(21)
of the Employee Retirement Income Security Act of 1974 (“ERISA”) only to the extent to which
Cadaret Grant provides investment advice, as defined by ERISA, to the plan and/or the plan’s
participants. Cadaret Grant and the IAR will have no discretionary authority or control with respect to
the plan or plan assets except as described in the following paragraph. Unless Cadaret Grant and
the IAR are providing discretionary fiduciary services as described below, the plan sponsor and plan
participants are solely responsible for implementing any of the IAR’s recommendations with respect
to plan assets. IARs will not provide trade execution services with respect to plan assets. Neither
Cadaret Grant nor the IAR is a “fiduciary” to the plan under ERISA with respect
to services not
considered investment advice, as defined by ERISA, including but not limited to investment
education, consultation on plan design, and consultation related to evaluation and selection of
service providers. The disclosures required by the Department of Labor’s 408b-2 regulation can
be found within the firm’s
Fee-based Retirement Plan Services Agreement. These disclosures
address items such as services, fees, payment notification, manner of payment, indirect
compensation, and compensation to affiliates, related enterprises, and subcontractors.
In certain circumstances, if agreed among Cadaret Grant, the IAR, and the plan sponsor, Cadaret
Grant will act as an “investment manager” as defined under Section 3(38) of ERISA to a plan, and
will have the discretion and authority to establish the “line-up” of investment options available to
participants under the plan, either (i) within parameters deemed appropriate by Cadaret Grant
based on demographic and other data provided by the plan sponsor, or (ii) within certain
parameters provided by the plan sponsor.
Cadaret Grant and our IARs acknowledge their duty to disclose and adequately address conflicts
of interest, which can include an IAR using his or her position as a fiduciary to promote or solicit a
plan sponsor to enter into any agreement or otherwise conduct business with an entity or enterprise
in which an IAR has a financial interest (“related enterprise”). In the event a plan sponsor enters
into an agreement or otherwise conducts business with a related enterprise, the plan sponsor will
do so based solely on its knowledge and understanding of the other services available through the
related enterprise.
3. Fidelity Retirement Investment Advisory Program
Cadaret Grant, through our IARs, provides non-discretionary investment advice to retirement plan
participants enrolled in qualified retirement plans custodied or administered with Fidelity
Investments through the Fidelity Investments Registered Investment Advisor (RIA) Program. In
addition to information about a plan sponsor’s investment policies and goals, Cadaret Grant
collects information about a plan participant’s financial situation, investment objectives, liquidity
needs, income needs, time horizon, risk tolerance, and other relevant personal information. The
information collected from the plan sponsor and the plan participant is used by the IAR to make
non-discretionary investment recommendations to the plan participant, which may include asset
allocation recommendations, investment portfolio construction, investment selection, and other
services as agreed to by Cadaret Grant, the IAR, and the plan participant in the Investment
Management Agreement. A plan participant has the sole responsibility to decide whether to follow
any investment recommendation. Cadaret Grant does not have discretionary authority over a plan
participant's account and is not responsible for buying or selling any securities for a plan
participant's account.
Consulting Services Program
Cadaret Grant’s Consulting Services Program (“Consulting Services”) allows an IAR to offer clients
financial planning and/or consulting services for a fee. The nature of these services varies based
upon an analysis of individual client needs. Areas addressed can include but are not limited to
investment portfolio advice; business or estate planning; financial counseling and/or planning; and
complex planning services. Complex planning services are either complex in nature and/or will
require a significant amount of time to complete. Complex planning services must be outlined in a
plan proposal providing a description of agreed upon services.
Consulting Services does not include ongoing investment or asset management, asset rebalancing,
asset allocation, or the execution of securities transactions. A consulting agreement is not an
investment management agreement and does not convey discretion to an IAR or Cadaret Grant.
The agreement terminates upon delivery of the services outlined in the agreement or within one
year from the date the agreement is executed, whichever comes first.
Third Party Investment Adviser (TPIA) Programs
Cadaret Grant provides its IARs and clients with access to a number of TPIA programs and platforms
for use by IARs that provide clients the opportunity to receive the investment management expertise
of a diverse set of advisers that specialize in different asset classes and investment styles and use
different portfolio management techniques including asset allocation strategies, mutual fund and ETF
models, separately managed account (SMA) programs, unified managed account (UMA) programs,
wrap fee services, and other types of managed portfolios such as tax harvesting and tax efficiency
strategies, risk management strategies, and dynamic and tactical portfolios. Some programs are
more or less aggressive as compared to other programs. Some programs also have higher or lower
fees and expenses than other programs. These programs are sponsored by the TPIAs and are
offered through co-adviser agreements, solicitor/referral arrangements, and other types of
agreements between Cadaret Grant and a TPIA. Many TPIAs sponsor a broad range of investment
programs.
When acting in a co-advisory capacity, Cadaret Grant and a TPIA are jointly responsible for the
ongoing management of your account. Depending on the agreement between Cadaret Grant and a
TPIA and based on the information provided by a client, an IAR will refer a client to or assist the client
in selecting a TPIA who offers products and services that demonstrate an investment philosophy and
style that appear to align with the needs of the client. A client is asked to provide detailed financial
and other pertinent data to the IAR. An IAR helps a client determine the client’s risk tolerance,
investment goals, and other relevant guidelines. Factors we consider in the selection of a particular
TPIA include (a) our assessment of a TPIA, (b) your investment experience, risk tolerance, goals,
objectives, and restrictions, and (c) the assets you have available to invest. There is no guarantee
that a client’s goals or investment objectives will be achieved by any specific program, please see
Item 8 below for additional information on risks of loss.
After an IAR assists a client in selecting a suitable TPIA program, client assets are then either
invested in the strategy or model or the TPIA begins to allocate the client’s assets in the investment
portfolio. The IAR provides initial and continuing education and information regarding the program
selected. The IAR will also explain rebalancing guidelines utilized within the program and meet
with a client periodically to discuss changes to the client’s financial circumstances.
In certain circumstances an IAR acts purely in a solicitor or referral capacity when referring you to
a TPIA. Under these arrangements, an IAR assists a client in identifying the client’s objectives and
refers the client to a TPIA according to the client’s stated objectives. The client typically enters into
an agreement directly with the TPIA and the client’s funds are invested by the TPIA. The IAR
monitors the performance of the TPIA and coordinates communication between the client and
TPIA. An IAR does not actively participate in the execution of any securities transactions for a
client’s TPIA account and does not have authority to determine, without obtaining specific client
consent, the securities to be bought or sold, the amount of the securities to be bought or sold, or
the broker-dealer to be used for the purchase or sale of securities in the client’s TPIA account.
Cadaret Grant and your IAR are compensated for referring you to the TPIA program. This
compensation generally takes the form of the TPIA sharing a portion of the advisory fee you pay
to the TPIA. When Cadaret Grant acts as a solicitor for a TPIA program, you will receive a written
solicitor disclosure statement describing the nature of our relationship with the TPIA program, if
any; and the terms of our compensation arrangement with the TPIA program, including a
description of the compensation that your IAR and Cadaret Grant will receive for referring you to
the TPIA program. For more information, please see Item 14 below.
Please consult the applicable TPIA’s agreement for further information, including information on
the capacity in which Cadaret Grant acts for a particular program. Clients should refer to a TPIA’s
Form ADV Part 2, or equivalent brochure, for a full description of the terms and conditions of their
services and fees.
TPIAs are subject to our due diligence process for inclusion as a TPIA and are subject to future
change from time to time. Please consult your IAR for information regarding available TPIAs.
The services of a number of SMA Managers, Sub-Managers, and Model Providers we make
available can be accessed through different platforms and programs including programs
sponsored by us such as Contour, as well as through TPIAs programs. Your advisory fee will vary
depending on the platform or program selected to access the SMA Manager, Sub-Manager, or
Model Provider. We have a financial incentive to recommend programs that generate more fees
to us. Most TPIA programs, as well as our sponsored program, Contour, are considered “wrap
fee” programs. A wrap fee program is a type of investment program that provides clients with
asset management and brokerage services for one all-inclusive fee. If you participate in our wrap
fee programs, you will pay our firm a single fee, which includes money management fees, certain
transaction costs, and certain custodial and administrative costs. Clients should refer to the client
agreement, fee schedule, and TPIA brochure for their program for details on what the wrap fee
covers.
The total fees you pay to access a particular SMA Manager, Sub-Manager, or Model Provider
through the Contour platform can be more or less than the combined fees charged by the TPIA,
Cadaret Grant, and your IAR for a TPIA program that offers the same SMA Manager, Sub-
Manager, or Model Provider through a co-advisory relationship. You should consider the
aggregate fees charged on a particular platform and the services available when choosing a
platform and investment manager and discuss with your IAR the platform and program pricing
relative to a specific TPIA, SMA Manager, Sub-Manager, or Model Provider for additional details.
TPIAs have differing minimum account requirements and a variety of fee ranges. All securities
are selected, and transactions are executed by the third-party money manager. Your IAR will
contact you periodically to review your financial situation, objectives, and restrictions and
communicate information to the TPIA; and assist you in understanding and evaluating the services
provided by the money manager. Each TPIA maintains its own separate execution, clearing, and
custodial relationships. Cadaret Grant and the IAR share in a portion of the fee paid to the TPIA
for its services.
Since the TPIA services provided by each sponsor are unique, clients should request and carefully
review the applicable disclosure brochure, client agreement, and other account paperwork for
each TPIA for more detailed information about the services provided by a TPIA, including without
limitation, a description of the TPIA’s background, investment strategies, fees, custody
arrangements, conflicts of interest, and other relevant information regarding the TPIA’s services
and business practices. Clients may obtain a copy of a TPIA’s disclosure brochure from their IAR
or by visiti
ng www.adviserinfo.sec.gov.
A complete list of TPIAs available through Cadaret Grant is available upon request.
Retirement Accounts
When we and our IARs (i) provide investment advice to participants in or the fiduciaries of ERISA-
covered retirement plans and to owners of IRAs, or (ii) recommend to participants in ERISA-
covered retirement plans or owners of IRAs to make a rollover to an IRA, we are fiduciaries within
the meaning of Title I of ERISA and/or the Internal Revenue Code, as applicable, which are laws
governing retirement accounts. Fiduciary status for this purpose does not necessarily mean we
are acting as fiduciaries for purposes of other applicable laws. This acknowledgement of fiduciary
status does not confer contractual rights or obligations on you, the firm, or the IAR.
Regulations under ERISA and the Internal Revenue Code define fiduciary investment advice as
(1) advice or recommendations, for a fee or other compensation, regarding investing in,
purchasing, or selling securities or other property to a plan, plan participant, or IRA owner; (2)
provided on a regular basis; (3) where the advice is provided pursuant to a mutual agreement or
understanding that; (4) the advice serves as a primary basis for investment decisions with respect
to the plan or IRA assets; and (5) the advice is individualized to the plan, plan participant or IRA
owner.
IRA Rollover Considerations
If you decide to roll assets out of a retirement plan into a Cadaret Grant advisory individual
retirement account (“IRA”), Cadaret Grant and your IAR have a financial incentive to recommend
that you invest those assets in one of our programs, because Cadaret Grant and your IAR will be
paid on those assets, for example, through advisory fees. You should be aware that such fees
likely will be higher than those you pay through your plan, and there can be custodial and other
maintenance fees.
The following fiduciary acknowledgement applies only when our IAR (i) provides investment
advice to participants in or the fiduciaries of ERISA-covered retirement plans and to owners of
IRAs, and (ii) recommends to participants in ERISA-covered retirement plans or owners of IRAs
to make a rollover to an IRA.
When we provide investment advice to you regarding your retirement plan account or IRA, we are
fiduciaries within the meaning of Title I of ERISA and/or the Internal Revenue Code, as applicable,
which are laws governing retirement accounts. Fiduciary status for this purpose does not
necessarily mean we are acting as fiduciaries for purposes of other applicable laws. This
acknowledgement of fiduciary status does not confer contractual rights or obligations on you,
Cadaret Grant, or the IAR.
General Disclosure Regarding ERISA and Qualified Accounts
If an advisory account is a retirement account subject to the provisions of Title I of ERISA or
section 4975(c)(1) of the Internal Revenue Code, we and our IARs who act as a fiduciary by
providing investment advice for such retirement accounts (“Qualified Account”) are generally
prohibited from receiving both an advisory fee and any transaction-based compensation unless
in compliance with applicable prohibited transaction exemptions under ERISA and the Internal
Revenue Code or authorized by the U.S. Department of Labor. When you open a Qualified
Account, you will (a) represent that the Qualified Account and any instructions given by you
regarding the Qualified Account are consistent with applicable plan documents, including any
investment policies, guidelines, or restrictions; (b) provide us with a copy of all relevant documents
and agree that the advisory program you have selected is consistent with those documents; and(c)
agree to notify us, promptly in writing, of any changes to any of the plan’s investment policies,
guidelines, or restrictions, or other plan documents pertaining to investments by the plan. If the
assets in the Qualified Account constitute only a part of your plan assets, you will provide us with
documentation of any of the plan’s investment guidelines or policies that affect the Qualified
Account. Whether any recommendation or investment your IAR makes for the Qualified Account
complies with any such investment guidelines, policies, or restrictions will be determined on the
date of the recommendation or purchase. You have the responsibility to give us prompt written
notice if any investments made for the Qualified Account are inconsistent with such guidelines,
policies, restrictions, or instructions. You understand that the services that we perform have no
effect on the assets of the plan that are not in the Qualified Account, and that we have no
responsibility for such other assets. We are not responsible for plan administration or for
performing any other duties that are not expressly set forth in the advisory agreement. You will
obtain and maintain at your own expense any insurance or bonds you deem necessary to cover
yourself and any of your affiliates, officers, directors, employees, and agents in connection with
the Qualified Account.