A. Piermont Wealth Management Inc. (the “Registrant”) is a New York corporation formed
in October 2000. The Registrant became registered as an investment adviser in June
2002. Philip J. Capell is the Registrant’s controlling owner, President and Chief
Compliance Officer.
B. As discussed below, the Registrant offers to provide investment advisory services, and, to
the extent specifically requested by a client, financial planning and related consulting
services.
INVESTMENT ADVISORY SERVICES
The client can determine to engage the Registrant to provide 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.
To begin the investment advisory process, an investment adviser representative will
coordinate with each client to develop investment objectives. Then, the Registrant will
allocate and/or recommend that the client allocate investment assets consistent with the
designated investment objectives. Once allocated, the Registrant provides ongoing
monitoring and review of account performance and asset allocation as compared to client
investment objectives and may execute account transactions based upon those reviews or
upon other triggering events.
FINANCIAL PLANNING AND CONSULTING SERVICES (STAND-ALONE)
To the extent specifically requested by a client, the Registrant may agree to provide
financial planning and/or consulting services (including investment and non-investment
related matters) on a stand-alone separate fixed fee basis. Registrant’s planning and
consulting fees are negotiable depending upon the level and scope of the services
required and the professional rendering the services. Before 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 before
Registrant begins to provide services. If requested by the client, Registrant may
recommend the services of other professionals for implementation purposes, including
the Registrant’s President in his separate capacity as a licensed attorney discussed in Item
10.C. 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.
MISCELLANEOUS
Limitations of Non-Investment Consulting/Implementation Services. To the extent
requested by the client, the Registrant may provide financial planning or consulting
services regarding investment or non-investment related matters such as tax planning or
insurance planning. Neither the Registrant, nor any of its representatives, serves as an
accountant, or licensed insurance agent, and no portion of the Registrant’s services
should be construed as accounting, tax, legal, or insurance implementation services.
Unless specifically agreed in writing, neither Registrant nor its representatives are
responsible to: implement any financial plans or financial planning advice; provide
ongoing financial planning services; or provide ongoing monitoring of financial plans or
financial planning advice. The client is solely responsible to revisit the financial plan or
financial planning advice with Registrant, if desired. Registrant’s financial planning and
consulting services are completed upon communicating its recommendations to the
client, upon delivery of the written financial plan, or upon termination of the applicable
agreement. 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 Registrant’s President in his separate
capacity as a licensed attorney to provide estate planning or estate administration services
through Philip J. Capell, P.C as discussed in Item 10.C. below. The recommendation that
clients engage Philip J. Capell, P.C. presents a conflict of interest, as the receipt of legal
fees may provide an incentive to recommend legal services, rather than a particular
client’s need. Clients are under no obligation to engage the services of any recommended
professional, who shall be solely responsible for the quality and competency of the
services they provide. If the client engages any unaffiliated recommended professional,
and a dispute arises related to the engagement, the client should seek recourse exclusively
from and against the engaged professional. The client retains absolute discretion over all
financial planning and related implementation decisions and is free to accept or reject any
recommendation from Registrant and its representatives in this respect.
Availability of Mutual Funds and Exchange Traded Funds. Registrant utilizes mutual
funds and exchange traded funds for its client portfolios. 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). Other funds, such as those issued by Dimensional Fund Advisors (“DFA”),
are generally only available through selected registered investment advisers. If the
Registrant allocates or previously allocated client investment assets to DFA funds, those
clients may experience restrictions on the transferability, reallocation, or additional
purchases of or reallocation among DFA funds.
Retirement Plan Rollovers - No Obligation/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. Whether Registrant
provides a recommendation as to whether a client should engage in a rollover or not,
(whether it is from an employer’s plan or an existing IRA) Registrant is acting as a
fiduciary 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. No client is under any obligation to roll over plan assets to an IRA managed by
the Registrant or to engage the Registrant to monitor and/or manage the account while
maintained at the client’s employer. The Registrant’s Chief Compliance Officer, Philip J.
Capell, remains available to address any questions that a client may have regarding its
prospective engagement and the corresponding conflict of interest presented.
Portfolio Trading Activity / Inactivity. As part of its investment advisory services,
Registrant will review client portfolios on an ongoing basis to determine if any trades are
necessary based upon various factors, including but not limited to investment
performance, fund manager tenure, style drift, account additions/withdrawals, the client’s
financial circumstances, and changes in the client’s investment objectives. Based upon
these and other factors, there may be extended periods when Registrant determines that
upon review, trades within a client’s portfolio are not prudent. Clients nonetheless remain
subject to the fees described in Item 5 during periods of portfolio trading inactivity.
Cash Positions. Registrant continues to treat cash as an asset class. As such, unless
determined to the contrary by Registrant, all cash positions (money markets, etc.) shall
continue to be included as part of assets under management for purposes of calculating
Registrant’s advisory fee. 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), Registrant may maintain cash positions for
defensive purposes. In addition, while assets are maintained in cash, such amounts could
miss market advances. Depending upon current yields, at any point in time, Registrant’s
advisory fee could exceed the interest paid by the client’s money market fund.
Cash Sweep Accounts. Account custodians generally require that cash proceeds from
account transactions or cash deposits be swept into and/or initially maintained in the
custodian’s sweep account. The yield on the sweep account is generally lower than those
available in money market accounts. To help mitigate this issue, Registrant shall
generally purchase a higher yielding money market fund available on the custodian’s
platform with cash proceeds or deposits, unless Registrant reasonably anticipates that it
will utilize the cash proceeds to purchase additional investments for the client’s account.
Exceptions and/or modifications can and will occur with respect to all or a portion of the
cash balances for various reasons, including, but not limited to, the amount of dispersion
between the sweep account and a money market fund, an indication from the client of an
imminent need for such cash, or the client has a demonstrated history of writing checks
from the account. Registrant’s Chief Compliance Officer, Philip J. Capell, remains
available to address any questions that a client or prospective client may have regarding
the above.
Client Obligations. In performing its services, Registrant will not be required to verify
any information received from the client or from other designated professionals who
provide services to the client, and Registrant is expressly authorized to rely thereon.
Clients maintain 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 or services.
Cybersecurity Risk. The information technology systems and networks that Registrant
and its third-party service providers use to provide services to Registrant’s clients employ
various controls, which are designed to prevent cybersecurity incidents stemming from
intentional or unintentional actions that could cause significant interruptions in
Registrant’s operations and result in the unauthorized acquisition or use of clients’
confidential or non-public personal information. Clients and Registrant are nonetheless
subject to the risk of cybersecurity incidents that could ultimately cause them to incur
losses, including for example: financial losses, cost and reputational damage to respond
to regulatory obligations, other costs associated with corrective measures, and loss from
damage or interruption to systems. Although Registrant has established its systems to
reduce the risk of cybersecurity incidents from coming to fruition, there is no guarantee
that these efforts will always be successful, especially considering that Registrant does
not directly control the cybersecurity measures and policies employed by third-party
service providers. Clients could incur similar adverse consequences resulting from
cybersecurity incidents that more directly affect issuers of securities in which those
clients invest, broker-dealers, qualified custodians, governmental and other regulatory
authorities, exchange and other financial market operators, or other financial institutions.
Investment Risk. Different types of investments involve varying degrees of risk, and it
should not be assumed that future performance of any specific investment or investment
strategy (including the investments and/or investment strategies recommended or
undertaken by Registrant) will be profitable or equal any specific performance level.
Disclosure Statement. A copy of the Registrant’s written disclosure statement as set forth
on Form ADV Part 2 will be provided to each client prior to, or contemporaneously with,
the execution of the Investment Advisory Agreement or Financial Planning and
Consulting Agreement.
Disclosure Brochure. A copy of the Registrant’s written Brochure as set forth on Part 2A
of Form ADV and Form CRS (Client Relationship Summary) shall be provided to each
client prior to, or contemporaneously with, the execution of an agreement between the
client and the Registrant.
C. The Registrant provides investment advisory services tailored specifically 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 manage investment assets consistent with the designated investment
objectives. 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 February 17, 2023, the Registrant had $216,674,379 in client assets under
management on a discretionary basis.