Introduction
FinTrust Capital Advisors, LLC (“FCA,” “the firm,” or “the company”) is an investment adviser registered with
the Securities and Exchange Commission (“SEC”) pursuant to the Investment Advisers Act of 1940 that
provides a range of investment advisory services to clients – including those outlined in this Brochure. FCA was
established as a Registered Investment Adviser (“RIA”) November 2007.
FinTrust Capital Advisors, LLC is a 100% owned subsidiary of United Community Banks, Inc.
For its investment advisory clients, FCA’s services are made available to Clients through individuals associated
with FCA as investment advisory representatives (“IAR” or “Advisor”). For more information about the IAR
providing advisory services, clients should refer to the Brochure Supplement for the IAR. The Brochure
Supplement is a separate document that is provided by the IAR along with this Brochure before or at the time
client engages FCA and the IAR. If a client did not receive a Brochure Supplement for the IAR, the client should
contact the IAR or the firm’s compliance department at
fintrust@fintrustadvisors.com or 864-288-2849.
FCA requires each Client to make a selection of services in writing (referred to as an “Investment Advisory
Agreement” or “IAA” or “Agreement(s)”) which sets forth the rights and obligations of FCA and the Client.
The IAA is customized to state the quoted or negotiated fees, detail the services provided, and contain
additional terms and conditions governing the client’s relationship with us. We encourage clients to review
these documents together with this Brochure and the Brochure Supplement for the IAR.
Types of Advisory Services
FCA offers the following types of investment advisory services:
FCA Investment Management Services:
FCA Corporate & Institutional Services:
I. Fiduciary & Institutional Consulting (FCA-FIC)
II. Retirement Plan Consulting (FCA-RPC)
III. Research & Capital Markets (FCA-RCM)
FCA Personal Wealth Services:
IV. Strategic Planning (FCA-SP)
a. Retirement & Financial Planning
b. Wealth Protection Planning
V. Other Services (FCA-OS)
a. Retirement Advice Services
b. Estate Reporting & Consulting Services
c. Insurance & Annuities
d. Securities-Based Lending Solutions
FCA Advised Mutual Funds:
VI. FinTrust Income and Opportunity Fund (the “Fund”)
FCA Advised Pooled Employer Plan:
VII. The FinTrust Pooled Employer Plan (“PEP”)
FCA Corporate Cash Management:
VIII. Corporate Cash Management (FCA-CCM)
FCA Digital Asset Management:
IX. FCA Digital Asset Management (FCA-DAM)
Discretionary and Non-Discretionary Accounts:
FCA may provide investment supervisory services on a discretionary or non-discretionary basis.
FCA Investment Management Services:
FCA, through its IARs, assists personal wealth, corporate and institutional clients by designing and
implementing custom investment management programs. FCA offers advisory services and portfolio
management services based on the objectives of each specific client portfolio which may or may not represent
the overall objectives of the clients’ total investment assets. As a result, FCA recommends and employs various
investment strategies. FCA assists each client in formulating investment objectives and manages the account
within established guidelines regarding, among other matters, diversification and designation of securities
that are purchased.
As part of this service, each client portfolio is tailored to the client’s particular investment needs and
circumstances. Additionally, the client may also place reasonable restrictions on an FCA managed account. FCA
allocates the client’s assets to various proprietary and third-party investment strategies and investment
vehicles that are available as investment options, including discretionary separate account strategies managed
by FCA, third-party discretionary separate account strategies (“Sub-Adviser”), FinTrust Income and
Opportunity Fund Mutual Funds (as defined below), unaffiliated open-end investment companies registered
under the Investment Company Act (“Third-Party Mutual Funds”), exchange-traded funds (“ETFs”), equities,
options, fixed income securities and investment trusts.
Clients are advised and should understand that:
• An investment’s past performance is no guarantee of future results;
• There is a certain market and/or interest rate risk which would adversely affect any investment’s
objectives and strategies, and could cause a loss in a client's account(s); and
• Client risk parameters or comparative index selections provided to the firm are guidelines only - there
is no guarantee that they will be met or not be exceeded.
FCA Corporate & Institutional Services:
I. Fiduciary & Institutional Consulting (FCA-FIC)
FCA, through its IARs, offers Fiduciary & Institutional Consulting Services to corporate and institutional clients
including qualified and non-qualified retirement plans, corporations, non-profit endowments and foundations,
and municipal government entities.
As part of this service, FCA may include assisting the client in identifying investment objectives and risk
tolerances, developing a custom Investment Policy Statement (“IPS”), financial plan or strategy, cashflow
planning, asset allocation analysis, investment selection, investment monitoring, and portfolio reporting. We
may also provide services that are ancillary to the investments and manager selection process, including
market research and commentary, evaluation of social investing policies and education for your board, staff
and potential donors.
The intent of Fiduciary & Institutional Consulting Services is to assist clients at a strategic level and match
client data with a selected list of high-quality Sub-Advisers, mutual funds, exchange traded funds (“ETFs”), or
other investment products, or funds from which one or more managers are selected to handle the day-to-day
management of the client’s account(s) whose investment styles and methodology correlate with the
investment requirements of the client.
Clients are advised and should understand that:
• An investment’s past performance is no guarantee of future results;
• There is a certain market and/or interest rate risk which would adversely affect any investment’s
objectives and strategies, and could cause a loss in a client's account(s); and
• Client risk parameters or comparative index selections provided to the firm are guidelines only - there
is no guarantee that they will be met or not be exceeded.
II. Retirement Plan Consulting (FCA-RPC)
FCA provides both fiduciary and non-fiduciary services as a consultant to plan sponsors, named fiduciaries,
plan trustees, and plan committees relative to employee benefit plans, including, but not limited to, 401(k)
plans, 403(B) plans, defined benefit plans, profit-sharing plans, money purchase pension plans and similar
plans offered by sponsoring entities to their employees. In providing services to a plan and/or its participants,
FCA’s status is that of an investment adviser registered under the Investment Advisors Act of 1940 and is not
subject to any disqualifications under Section 411 of ERISA. In performing fiduciary services, FCA may act
either as a non-discretionary fiduciary of the Plan as defined in Section 3(21) under ERISA, or as a discretionary
fiduciary of the plan as defined in Section 3(38) under ERISA.
As part of these services, FCA will typically advise the plan fiduciaries on matters related to the plan. These
consulting services, some of which are discussed below, may be provided separately or in combination with
one another, and may involve the coordination of multiple vendors and/or third-party advisors to the plan,
depending on the needs of the sponsor. The specific details of any engagement to provide consulting services
are agreed upon in writing prior to commencement of the engagement and are subject to the terms of the
written IAA. FCA may consult on a variety of plan matters, including, but not limited to:
• Plan governance issues, policies and procedures, board resolutions, committee charters, and the
development or review of an Investment Policy Statement;
• Plan service provider reviews, evaluations and searches;
• Investment options: searches, recommendations, monitoring and review;
• Employee education by providing general information on the funds available under the plan and other
general investment information aimed at helping participants make better choices for themselves from
among the alternatives available under the plan;
• Fee Benchmarking;
• Individualized Investment Advice to Plan Participants;
• Recommendations for Selecting & Monitoring Qualified Default Investment Alternatives;
• Fiduciary file development and record keeping;
• Fiduciary Oversight & Committee Education;
FCA may also provide other information aimed at assisting the plan committee in fulfilling its obligations to the
plan, for example, information on pending or recent legislative changes that may impact the plan, plan
participants and beneficiaries.
As part of its retirement plan services offering, FCA offers the “Right Path” program designed to provide
employees of sponsoring companies with specific, personalized financial planning advice. Under the program,
an FCA representative meets with an employee (and spouse, if they wish) for a review and analysis of their
individual financial situation, covering various areas selected by the employee, such as retirement planning,
investment planning, education planning, tax planning, insurance planning and estate planning. FCA provides
the employee a report aimed at helping them determine whether they are on a path to meeting their financial
goals.
The client retains the sole responsibility for determining whether to implement any recommendation made by
the IAR and for placing any resulting transactions. FCA and the IAR do not provide ongoing consulting or
management services, and do not have any discretionary authority with respect to the client’s retirement plan
assets. In addition, FCA and IAR do not provide any advice or recommendations regarding any participant
loans from client’s retirement plan assets.
III. Research & Capital Markets (FCA-RCM)
FCA provides customized research and capital markets investment advisory services to corporate and
institutional clients. These services include capital allocation and risk budgeting analysis, counterparty risk
monitoring, cashflow planning, custom project and research work, and introductions to counterparties and
other capital market service providers.
FCA Personal Wealth Management Services:
IV. Strategic Planning (FCA-SP)
a. Retirement & Financial Planning
FCA, through its IARs, provides personal wealth consulting advice specifically focused on retirement and
financial planning in the form of a customized Financial Plan. Clients receive a written financial plan, providing
the client with a detailed outline designed to achieve their stated financial goals and objectives.
In general, the plan will address any or all of:
• Personal: Family records, budgeting, personal liability, estate information and financial goals.
• Tax and Cash Flow: Income tax spending analysis and planning for past and future years.
• Education funding.
• Charitable giving.
• Death and Disability: Cash needs at death, income needs of surviving dependents, and estate planning.
• Retirement: Strategies and investment plans to help client achieve their retirement goals.
• Investments: Analysis of investment alternatives and their effect on a client’s portfolio.
• A Review of trust documents and wills.
• An evaluation of insurance needs.
Information on clients is gathered by in-depth personal interviews and reviews of personal financial
information. Gathering data concerning current financial status, future requirements, risk appetite and goals is
essential. Based upon this thorough review, a written plan is prepared for the client, and it is recommended
that the client review this plan with tax accountants, attorneys and other professional service providers as FCA
does not provide accounting or legal advice.
b. Wealth Protection Planning
For clients concerned with protecting assets, we provide personalized wealth protection strategies and reviews
and consult with clients regarding asset allocation, account types, account legal titles, and asset specific issues
concerning size, liquidity, valuation, volatility, control, taxes, and insurance coverages.
V. Other Services:
FCA’s other services involve services that do not involve investment supervisory services on a discretionary or
non-discretionary basis. In order to determine a suitable course of action for an individual Client, Advisor will
perform a review of the client’s financial circumstances. Such review will include, but would not necessarily be
limited to, investment objectives, consideration of the Client’s overall financial
condition, income and tax
status, personal and business assets, risk profile, and other factors unique to the Client’s particular
circumstances.
a. Retirement Advice Services
As part of its services, FCA also provides clients advice regarding rollovers and distributions from retirement
accounts. In providing clients with estimates for required minimum distributions, however, FCA does not
provide tax advice, nor assumes responsibility for the calculation. It is recommended that the client review any
RMD calculations with tax accountants, tax attorneys and other professional service providers.
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 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.
b. Estate Reporting & Consulting Services
FCA provides financial reporting and consulting services to the named Trustee or Personal Representative
(“PR”) of estates as an information service.
FCA will, on behalf of the Client, prepare a consolidated financial report (“Report”) for those asset accounts
identified in the Estate Trustee and PR Data Collection Support Request Form and its authorized additions and
changes. These Reports include but are not limited to: (a) The identification of actively covered accounts and
changes in account coverage; (b) A summary of all assets held in the covered accounts; (c) Consolidated and
account specific activity for the reporting period; (d) Realized and unrealized gain/loss reporting; (e) Basic
performance analysis; (f) A cross reference of security holdings; and (g) A summary of fees and commissions
and account expenses.
Estate Reporting & Consulting Services – May include review meetings with estate trustee or PR for purposes
including but not limited to (a) the identification of accounts and assets owned (b) the title on accounts and
assets owned (c) the beneficiaries on accounts and assets owned (d) identification of custodians and contact
information (e) custodial account and claim form preparation (f) account activity reporting related to interest,
dividends, and fees and expenses to assist in tax preparation (g) preparation of beneficiary and custodian
communications.
The service provided by FCA is an information service meant to be utilized by the Client and the Client’s
investment, legal and accounting advisors to better understand and manage the Client’s financial assets. FCA
may be contracted separately under an Investment Advisory Agreement (“IAA”) for investment advisory
services.
c. Insurance & Annuities
FCA provides clients with advice regarding insurance and annuities. As part of its advice on insurance and
annuities, FCA may utilize specialized software programs designed to provide clients with clear illustrations of
how these complex products work and the associated cashflows. FCA will provide each Client a disclosure
document which clearly states the capacity in which the firm is servicing the clients as advice on insurance and
annuity may be in our capacity as IARs of FCA, registered representatives of FTBS, or licensed insurance agents
with United Community Insurance, Inc (“UCI”).
d. Securities-Based Lending Solutions
FCA offers access to both third-party bank-based and custodial firm lending products, including “non-purpose”
loans, a line of credit and margin lending. These offerings are designed to help clients leverage their
investment portfolios to obtain credit for personal, business, or securities purchases.
VI. FCA Advised Mutual Funds:
FCA manages the FinTrust Income and Opportunity Fund (the “Fund”) which is a series of 360 Funds (the
“Trust”), a Delaware statutory trust registered as an open-end management investment company under the
Investment Company Act of 1940 (the “1940 Act”).
The FinTrust Income and Opportunity Fund’s investment objective is total return. To meet its investment
objective, the Fund will invest primarily in domestic equity securities that in the opinion of the manager have
above average intellectual property portfolios and other characteristics, like strong earnings and dividend
growth that are members of the S&P 1500 Composite, relative to their sector competitors. The S&P 1500
Composite combines the S&P 500, an index of large-capitalization issuers, the S&P Midcap 400, and the S&P
Small Cap 600 to cover approximately 90% of the U.S. market capitalization. The Fund will seek to produce
income through dividends paid on securities and options (e.g., premium income on the sale of an option), and
total return through an options strategy. The Fund’s investment objective may be changed without
shareholder approval; however, the Fund will provide 60 days’ advance notice to shareholders before
implementing a change in the Fund’s investment objective.
VII. FCA Advised Pooled Employer Plan:
FCA serves as an ERISA 3(38) Investment Manager for the FinTrust 401(k) Pooled Employer Plan (PEP) which is
a retirement plan that allows multiple employers from unrelated industries to join together in order to create
a retirement plan as a larger group with better benefit leverage. The PEP can reduce plan audit costs and
other fees associated with operating an individual 401(k) plan. The PEP can eliminate employers individually
from: (a) being the plan trustee; (b) having other fiduciary duties; (c) filing a Form 5500; and (d) individual plan
documents and/or restatement fees.
As part of these services, FCA will develop an Investment Policy Statement; select and monitor investments;
and initiate fund changes. Newport Group, Inc., will serves as the ERISA 3(16) Plan Administrator and U.S.
Department of Labor registered Pooled Plan Provider for the plan. Newport Group, Inc., is responsible for the
day-to-day oversight and compliance with all ERISA and IRS regulations. Newport Group, Inc. will also serve as
the plan’s recordkeeper.
Employers in the PEP will have less flexibility in plan design, no choice of service providers and limitations on
investment choices. The PEP is not suitable for every situation. For example, 403(b), governmental plans and
church plans are subject to different rules than traditional 401(k) plans and may not be appropriate for
participating in a PEP.
VIII. FCA Corporate Cash Management (FCA-CCM)
FCA, through its IARs, offers corporate and institutional clients including qualified and non‐qualified
retirement plans, corporations, non‐profit endowments and foundations, and municipal government entities
cash management and fixed income security portfolios. As part of this service, FCA may include assisting the
client in identifying investment objectives and risk tolerances, developing a custom Investment Policy
Statement (“IPS”), financial plan or strategy, cashflow planning, asset allocation analysis, investment selection,
investment monitoring, and portfolio reporting. We may also provide services that are ancillary to the
investments, manager, or security selection process, including market research and commentary, evaluation
of social investing policies and education for your board, staff and potential donors. FCA will seek to invest in
short-term investments, including US Treasures, commercial paper, and/or money market funds, with the goal of
balancing return and risk by considering the client's liquidity needs and the changing economic and market conditions.
Clients are advised and should understand that:
• An investment’s past performance is no guarantee of future results;
• There is a certain market and/or interest rate risk which would adversely affect any investment’s
objectives and strategies, and could cause a loss in a client's account(s); and
• Client risk parameters or comparative index selections provided to the firm are guidelines only - there
is no guarantee that they will be met or not be exceeded.
• Not FDIC Insured
• Not a Deposit
IX. FCA Digital Asset Management (FCA-DAM)
FCA provides investment advisory services to investors regarding digital assets and cryptocurrencies. There are
substantial and unique risks in buying and selling Digital Assets. FCA Digital Asset accounts investment
objective is speculation. FCA Digital Assets services and portfolio management may not represent the overall
objectives of the clients’ total investment assets. FCA Digital Assets advisory and portfolio management
services are designed to offer clients the following:
1. Basic Access, Custodial Selection, & Management: FCA manages Digital Assets through Fidelity Digital
Asset Servies, LLC (“FDA”) and Choice by Kingdom Trust, and its services are limited by the terms,
conditions, and capabilities of its selected custodians. Under certain circumstances, clients may utilize
other custodians(i.e., Coinbase or Kraken) but FCA is under no obligations and does not offer advice
related to securities held at custodians with which it does not have agreements.
2. Basic Diversification: FCA Digital Assets offers access to private funds which focus on digital assets.
Clients are advised and should understand that:
• An investment’s past performance is no guarantee of future results;
• There is substantial and unique risk associated with buying and selling Digital Assets;
• Client digital asset accounts are subject to unique risks which are further disclosed in custodial
agreements and FCA’s Digital Asset Risk Disclosure Agreement.
Wrap and Non-Wrap Fee Accounts
FCA offers its services on both a wrap fee and non-wrap fee basis. These services are not managed differently.
Under a wrap fee arrangement, the fee you pay covers our advisory fee and most brokerage commissions and
other trading costs as described under “Fees and Compensation.” More information regarding FCA’s Wrap Fee
Program may be found in the firm’s Wrap Fee Program Brochure. This brochure will be provided to clients
utilizing our wrap fee program and free of charge to any client upon request.
The Wrap Fee Program may cost a client more or less than purchasing the services separately. Factors bearing
on the relative cost of the Program that would be relevant when considering the alternative of purchasing the
services offered in the Program separately include the trading activity in a client's account and the
corresponding brokerage commissions that would be charged for execution of trades, and the fees charged for
investment advisory services under the Program.
The cost of non-wrapped investment advisory services may be lower than investment advisory services
provided under the wrap program. Because FCA receives more compensation from a client from the client’s
participation in the Program than if the client received advisory services and brokerage services separately,
FCA has a financial incentive to recommend the Program to clients over other types of advisory services. FCA
absorbs certain transaction costs in wrap fee accounts, FCA has a financial incentive not to place transaction
orders in those accounts since doing so increases FCA’s transaction costs. Thus, an incentive exists to place
trades less frequently in a wrap fee arrangement. A non-wrapped pricing arrangement will be more cost
effective for accounts that do not experience frequent trading activity especially as the account balance
increases.
The person recommending the program to the client receives compensation as a result of the client’s
participation in the program. The amount of this compensation may be more than what the person would
receive if the client participated in other programs of the sponsor or paid separately for investment advice,
brokerage, and other services. This person therefore has a financial incentive to recommend the Program over
other programs or services.
Although FCA believes its fees are reasonable in light of the services provided, clients should be aware that
such fees may be more or less than the fees and commissions associated with brokerage services purchased
separately. The comparison is dependent upon a number of factors, including the frequency of brokerage
activity in the client’s account, the size of the account under management, and any negotiated fee
arrangements with respect to the account. An investor should consider these factors prior to opening an
account.
Assets Under Management
As of December 31, 2023, FCA’s Form ADV discloses $1,390,083,416 in client assets under management on a
discretionary basis and $353,868,967 on a non-discretionary basis, while FinTrust Brokerage Services, LLC
oversees $230,537,559 in non-managed client assets.