ASSET MANAGEMENT AGREEMENT
AtlasMark Financial, Inc
12466 Los Indios Trail, Suite 200
Austin, TX 78729
(512) 258-4040
Retirement Plan Participant (“Participant”)
This investment management agreement (“Agreement”), effective once accepted by all parties, is made and entered into by and between AtlasMark Financial, Inc. (“AFI”), a registered investment advisor (“Advisor”) and Participant. By this Agreement, Participant retains Advisor to provide the services described in this Agreement.
1. SERVICES
The Advisor and its investment adviser representative (“IAR”) will assist Participant in establishing an account or accounts with a custodian into which Participant shall deposit funds and/or securities and will designate Advisor as the investment advisor on such account(s)(herein referred to as “Managed Assets”, “Managed Accounts” or “Participant Accounts”). Advisor does not require any minimum investment amount to establish or maintain a managed account.
Based upon information furnished by Participant, Advisor and the IAR will make, consistent with the investment objectives and any limitations identified previously and in writing by the Participant, all decisions to buy, sell, sell short, cover and hold securities, cash or other investments for the Managed Assets at the sole discretion of Advisor and without consulting Participant. Such securities may include, but are not limited to, common or preferred stock, convertible stocks or bonds, options, warrants, rights, corporate bonds, municipal bonds, government bonds, notes and bills, as well as interests in mutual funds, closed-end funds, leveraged, inverse and other exchange-traded funds (ETFs) and exchange-trades notes (ETNs), master limited partnership interests (MLPs), business development companies (BDCs), interests in real estate investment trusts (REITs), commercial paper, and certificates of deposit. Participant gives Advisor full power and authority to carry out these decisions by giving instructions, on behalf of Participant, to brokers and dealers and the custodian for the Managed Assets. Advisor will have no duty, responsibility or liability for Participant’s assets that are not Managed Assets.
Advisor will arrange for the execution of securities transactions for the Managed Assets through brokers or dealers that Advisor reasonably believes will provide best execution. In selecting a broker or dealer, Advisor may consider, among other things, combination of transaction execution services along with asset custody services (generally without a separate fee for custody); capability to execute, clear, and settle trades (buy and sell securities for Participant accounts); capabilities to facilitate transfers and payments to and from accounts (wire transfers, check requests, bill payment, etc.); breadth of investment products made available (stocks, bonds, mutual funds, ETFs, etc.); availability of investment research and tools that assist Advisor in making investment decisions; quality of services; competitiveness of the price of those services (commission rates, margin interest rates, other fees, etc.) and willingness to negotiate them; reputation, financial strength, and stability of the provider; brokers or dealer’s prior service to Advisor and our other clients; and availability of other products and services that benefit Advisor. Advisor generally will seek competitive commission rates but will not necessarily attempt to obtain the lowest possible commission for transactions for the Managed Assets. The commissions or transaction costs (including spreads) charged by any broker may be greater than the amount another firm might charge if Advisor determines in good faith that the amount of such commission is reasonable in relation to the value of the brokerage services and research provided by the broker.
2. ACCOUNT AUTHORIZATION
Participant gives Advisor full power and authority to carry out the decisions necessary to provide the services described above by giving instructions, on behalf of Participant, to brokers and dealers and the custodian for the Managed Assets. Participant hereby grants to Advisor a limited power of attorney to carry out the responsibilities and duties assigned to it under this Agreement, including authorization to trade for the Managed Assets and authorization to deduct fees, pursuant to this Agreement, from the Managed Assets. Participant also authorizes Advisor to provide a copy of this Agreement to any broker or dealer, custodian or sub-adviser with or through which transactions for the Managed Assets are to be affected as evidence of Advisor’s authority under this Agreement.
3. CUSTODY OF MANAGED ASSETS
Managed Assets will be held by the independent custodian(s) selected by Advisor. Advisor currently requires that clients utilizing our asset management services under this Agreement establish accounts at, and receive custody, clearing, brokerage and other services from, Fidelity; provided, however, that Advisor reserves the right to require that Participant establish accounts at, and receive such services from, other independent custodians and other service providers in the future, subject to the other provisions of this Agreement.
Advisor is deemed to have custody of Participant’s Managed Assets to the extent that Advisor has authorization to deduct its management fees from the Managed Assets. Additionally, to the extent that Advisor has standing instructions from Participant to transfer Managed Assets to a third party without defined timing or dollar amounts, Advisor is also deemed to have custody of these Managed Assets.
Participant may at any time increase or decrease Participant’s managed assets. The Managed Assets will, at all times, be held solely in Participant’s name and will require Participant’s authorization for withdrawal. Participant is responsible for and will pay the fees of the custodian related to the Managed Assets including, but not limited to, any costs of safekeeping, brokerage and other execution costs, custody fees and margin costs, if any, except where such fees and costs are otherwise paid by a third party. Participant will instruct the custodian to send Participant quarterly, or if available, monthly statements showing the assets in and all transactions (including the deduction of the management fee) for the Managed Assets during the period corresponding to the statement, and will ensure that Advisor is provided with copies of those statements and confirmations of any transactions effected in the Managed Assets.
4. FEES
Advisor shall be entitled to payment of a fee for its investment management services (“Management Fee”). Participant agrees to pay Advisor an annual Management Fee of a percentage of the fair market value of assets under management in the Managed Accounts as reported by the custodian as of the last business day of the month and includes cash in the Managed Accounts. The applicable Management Fee percentage is outlined in the Participant Disclosures found in the Enrollment Portal when enrolling. Fees are billed monthly in arrears. Management Fees are subject to change and may be changed by the Advisor, in its sole discretion, after giving written notice to Participant, with such new fees effective 30 days after the date of the written notice.
Fees are calculated by (A) multiplying the assets under management market value by the relevant percent and the number of days in the month (B) and dividing such product by 365. For any months in which this Agreement was only in effect for a portion of the month, the fee will be adjusted pro rata based upon the number of calendar days in the month that this Agreement was in effect. Participant may instruct Advisor to charge Management Fees for one account to another bearing Participant’s name.
Notwithstanding the foregoing, fees paid to Advisor by a Retirement Account described in Section 14 of this Agreement shall be limited to the fees incurred with respect to the services performed for that Retirement Account.
Fees are payable within thirty (30) days following the end of the month for which said fees were incurred. If a Participant Account has sufficient assets, fees will be automatically deducted from the account, and clients will be required to provide written authorization to the custodian to have fees automatically deducted and paid to AFI. Participants are responsible for verifying the accuracy of the fee calculations. Neither the custodian nor the third party administrator (if applicable) will determine if the fee is properly calculated.
In addition to the Management Fee, the custodian will assess transaction fees in accordance with its standard schedule for such fees. AFI does not share in these fees. Fees and charges will be noted on Participant’s statements and confirmations.
Participant may also incur certain charges imposed by other third parties in connection with investments made through the account. These charges can include, but are not limited to, mutual fund sales loads, 12(b)-1 fees and surrender charges, variable annuity commissions and surrender charges, and IRA and qualified retirement plan fees. Management fees charged in the account are separate and distinct from the fees and expenses charged by mutual funds and variable annuities which may be recommended to clients. Participant understands that the same assets will also be subject to additional advisory and other fees and expenses, which are described in the prospectuses or offering memoranda of those funds, paid by the funds but ultimately borne by the investor. A description of these fees and expenses are available in each fund and annuity prospectus.
Fees set forth herein are for asset management services and do not include any other professional services which may be required by Participant to implement the recommendations made by Advisor and/or IAR. Neither Advisor nor IAR will provide accounting or legal advice nor prepare any accounting or legal documents for the implementation of Participant’s investment plan and objectives. Notwithstanding the foregoing, Participant should be aware that Advisor and/or IAR receive fees for other services outside the scope of this Agreement, as further described in Advisor’s Form ADV Part 2 brochure. Participant is urged to work closely with his/her attorney and/or accountant in implementing the recommendations contained in these services. Neither Advisor nor IAR will be responsible for the acts of omissions or insolvency of any other agent, broker or independent contractor selected to take any action or to negotiate or consummate any transaction for Participant’s account.
5. AUTHORITY TO HIRE ADVISOR
By signing this Agreement, the undersigned represents to Advisor that the undersigned has the legal authority and capacity to hire Advisor to manage the Participant’s Managed Assets. If Participant is a corporation, limited liability company, partnership, limited partnership or other legal entity, the Participant represents that the undersigned’s execution of this Agreement has been duly authorized by appropriate legal action in accordance with its governing documents and applicable law.
The undersigned agrees to deliver to Advisor all account forms and corporate resolutions or similar documentation evidencing the undersigned’s authority to execute and deliver this Agreement. The undersigned also agrees to deliver such organizational documents and other documents, including the written statement of the Participant’s investment objectives, policies and restrictions as Advisor shall reasonably require. The undersigned further agrees to promptly deliver all amendments or supplements to the foregoing documents, and agrees that the Advisor will not be liable for any losses, costs or claims suffered or arising out of the Participant’s failure to provide the Advisor with any documents required to be furnished hereunder.
If this Agreement is entered into by a trustee or other fiduciary including, but not limited to, someone meeting the definition of “fiduciary” under the Employee Retirement Income Security Act of 1974 (“ERISA”), such trustee or other fiduciary represents and warrants that Participant’s participation is permitted by the relevant governing instrument of such plan, and that Participant is duly authorized to enter into this Agreement. Participant agrees to furnish Advisor with such documents as Advisor shall reasonably request with respect to the foregoing. Participant further agrees to inform Advisor of any event which might affect this authority or the validity of this Agreement. Participant additionally represents and warrants that: (i) the governing instruments provide that an “investment manager” as defined under ERISA may be appointed; and (ii) the person executing and delivering this Agreement on behalf of Participant is a “named fiduciary” (as defined under ERISA), who has the power under the plan to appoint an investment manager.
6. CONFIDENTIALITY
Except as otherwise agreed in writing or as required by law, Advisor and IAR will keep confidential all information concerning Participant’s identity, financial affairs or investments.
7. PARTICIPANT’S RESPONSIBILITIES
Participant recognizes that the value and usefulness of the asset management services of the Advisor will depend upon information that Participant provides and upon Participant’s active participation in the formulation of the Participant’s goals, and objectives and in the implementation of Advisor’s and IAR’s advice to attain those goals and objectives. Participant will inform Advisor in writing if Participant’s financial circumstances, suitability or investment objectives change in a way that should cause Advisor to change how Advisor is managing the Managed Assets. Further, Participant will provide the Advisor and/or IAR all requested information and required documents as the Advisor and/or IAR may reasonably request in order to permit complete evaluation and preparation of recommendations for Participant.
8. OTHER INVESTMENT ACCOUNTS
Participant acknowledges that Advisor has and will have other clients, Advisor is advising Participant on a non-exclusive basis, and Advisor’s fees and method of calculating fees may vary from client to client. Advisor manages investments for other clients and may give them advice or take actions for them, for Advisor’s own accounts or for accounts of persons related to Advisor that are different from the advice Advisor provides Participant or actions Advisor takes for Participant. Advisor is not obligated to buy, sell or recommend for Participant any security or other investment that Advisor may buy, sell or recommend for any other clients or for Advisor’s own accounts. This Agreement does not limit or restrict in any way Advisor and/or IAR from buying, selling or trading in any securities or other investments for their own accounts.
Conflicts of interest may arise in the allocation of investment opportunities among accounts that Advisor advises. Advisor will seek to allocate investment opportunities among clients in a manner Advisor believes to be fair and equitable over time under the circumstances based upon various factors, including, but not limited to, the investment objectives, guidelines and restrictions, risk profiles, financial condition, available capital to invest and tax status of such clients. There can, however, be no assurance that a particular investment opportunity that comes to Advisor’s attention will be allocated in any particular manner.
9. BASIS OF ADVICE
Participant acknowledges that Advisor and/or IAR obtain information from a wide variety of publicly available sources. Neither Advisor nor IAR have, nor do they claim to have, sources of inside or private information. If Advisor obtains material, non-public information about a security or its issuer that Advisor may not lawfully use or disclose, Advisor will have no obligation to disclose the information to Participant or use it for Participant’s benefit. The recommendations developed by the Advisor and/or IAR are based upon the professional judgment of Advisor and/or IAR. Neither Advisor nor IAR can guarantee the results of any of their recommendations.
10. LIABILITY OF ADVISOR
Participant understands that there are risks inherent in all financial decisions and transactions and that there is no guarantee that the Participant’s investment objectives will be achieved. Participant agrees that neither the Advisor, nor any of its directors, officers, employees, or affiliates (as applicable) shall be liable for any loss incurred with respect to the Managed Assets except where such loss directly results from such party’s gross negligence, willful misconduct or fraud or as otherwise provided for by federal or state law. It is specifically agreed that Advisor, its officers, directors, employees and its respective affiliates are not responsible for any errors, omissions, acts or failures to act by any unaffiliated third party providing services to Participant with respect to the Managed Assets. Nothing in this section is intended to be a waiver of any right of action Participant may have under applicable securities laws or Participant’s rights in the event Advisor and/or IAR breaches any fiduciary duty owed to Participant.
11. ARBITRATION
Participant agrees that all controversies that may arise between parties concerning performance or breach of this Agreement, or any other agreement between parties, whether entered into before, on or after the date the account is opened shall be determined by arbitration before a panel of independent arbitrators set up by the American Arbitration Association or any other industry forum only to the extent expressly provided as an alternative under the securities laws of the Participant’s state of residence. If Participant does not notify the other parties in writing of their alternative designation within five (5) days after Participant’s written demand for arbitration, then Participant authorizes Advisor to make such designation on his/her behalf. Participant understands that judgment upon any arbitration award may be entered in any court of competent jurisdiction. Participant is aware of the following:
(a) Arbitration is final and binding on the parties.
(b) The parties are waiving their right to seek remedies in court, including the right to a jury trial.
(c) Pre-Arbitration discovery is generally more limited than and different from court proceedings.
(d) The arbitrators’ award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek modification of rulings by the arbitrators is strictly limited.
(e) The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry.
No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action or who is a member of a putative class, who has not opted out of the class with respect to any claims encompassed by the putative class action until:
(a) The class certification is denied;
(b) The class is decertified; or
(c) The customer is excluded from the class by the court.
Such forbearance to enforce this arbitration provision shall not constitute a waiver of any rights under this Agreement except to the extent stated herein. Nothing in this provision is intended to be a waiver of any right of action the Participant may have under applicable federal or securities law. This provision is not enforceable in any state that does not legally allow binding arbitration.
12. TERMINATION
Either party can terminate the Agreement by providing written notice to the other. Notice will be effective immediately upon receipt by an associated person of Advisor. If the notice is sent within five business days of signing the Agreement, the Agreement is terminated with no penalty. After that, Participant can terminate an Agreement by providing written notice and no penalty or termination charge will apply. However, a pro-rated refund or a pro-rated charge will be made to Participant depending upon the time spent by the application on services at the time the notice was received. Fees are calculated by taking the quoted fee divided by 365 days. That resulting daily billing rate is then multiplied by the number of days services were provided in the current month, using the account balance as of the effective date of termination. If the Agreement is terminated prior to services being completed, there is no charge to Participant. Advisor will provide Participant with a statement detailing the pro-rated management fees.
13. RISK DISCLOSURE
Advisor cannot guarantee the future performance of the Managed Assets, promise any specific level of performance or promise that Advisor’s investment decisions, strategies or overall management of the Managed Assets will be successful. The investment decisions Advisor will make for Participant are subject to various market, currency, economic, political and business risks, and will not necessarily be profitable. In managing the Managed Assets, Advisor will not consider any other securities, cash or other investments Participant owns. Participant should also read and carefully consider the specific risk factors included in the Advisor’s Form ADV Part 2A.
Neither the Advisor, nor any of its directors, officers, employees, or affiliates (as applicable) shall be liable for any loss incurred with respect to the Managed Assets except where such loss directly results from such party’s gross negligence, willful misconduct or fraud. Please note that federal or state law may provide bases for liability beyond those described in the preceding sentence and this Agreement does not waive or otherwise limit any rights which Participant may have under federal or state law. It is specifically agreed that Advisor, its officers, directors, employees and its respective affiliates are not responsible for any errors, omissions, acts or failures to act by any unaffiliated third party providing services to Participant with respect to the Managed Assets.
14. CONFLICT OF INTEREST DISCLOSURE STATEMENTS
Advisor is an investment adviser registered with the United States Securities and Exchange Commission (SEC) according to the rules and regulations of the SEC. The following disclosures are provided regarding the Advisor’s background and business practices:
(a) IAR may be licensed with several insurance carriers. These additional registrations and licensures present a conflict of interest because they provide an incentive to recommend products based on the commissions received. We mitigate this conflict by disclosing the relationship to our clients, by conducting our operations in accordance with our fiduciary duty and by following our firm’s code of ethics.
(b) In the course of services to Participant, IAR may recommend to Participant the purchase of products underwritten by insurance carriers. In each instance, IAR would be entitled to receive a commission (in IAR’s capacity as an independent insurance agent) or fee on the sale or purchase of any of those products. Under such circumstances, IAR would have a financial interest in the transaction and may therefore have a conflict of interest in furnishing advisory services to the extent that such recommendations are implemented.
(c) Participant hereby consents and agrees that IAR may also be an independent insurance agent. When acting in this capacity, IAR may receive commissions, in addition to the fees earned by IAR on any transactions in managed accounts and/or insurance products, if and when implemented by IAR in IAR’s separate capacity for the Participant.
15. RETIREMENT ACCOUNTS
This section applies to Account(s) that contain property of: (a) an employee benefit pension plan (including a Code Section 401(k) plan) governed by ERISA (an “ERISA Account”) and (b) an individual retirement account under Code Section 408 or other plan described in Code Section 4975(e)(1) (collectively, referred to as an IRA, and together with each ERISA Account, the “Retirement Accounts”). The “Code” means the Internal Revenue Code of 1986, as amended and “ERISA” means the Employee Retirement Income Security Act of 1974, as amended.
With respect to each Retirement Account, Advisor will be providing services as a registered investment adviser and will, as applicable, be acting as a fiduciary as defined under ERISA Section 3(21) and Code Section 4975(e)(3)(B) (but only with respect to the provision of investment advisory services). Participant acknowledges and confirms that neither Advisor nor any affiliate has rendered any individualized investment advice that will serve as the primary basis for the decision to engage Advisor to provide investment advisory or investment management services for one or more Retirement Accounts. With respect to each Retirement Account, Participant understands that he or she may not, as applicable, engage in any nonexempt prohibited transaction described under ERISA Section 406 or Code Section 4975 with respect to the Retirement Account. Failure to comply with applicable rules can result in a loss of an IRA’s tax-exempt status and income tax liability to Participant or, with respect to other Retirement Accounts, excise tax liability to Participant and other persons involved in the transaction. Participant agrees to provide information to Advisor as requested to assess whether a particular investment may be prohibited under ERISA Section 406 or Code Section 4975, or by the terms of the governing documents, as applicable. Participant acknowledges that it may be difficult or impossible for Advisor to determine whether a particular investment is prohibited under ERISA Section 406 or Code Section 4975, or by the terms of the governing documents, and Participant is not relying on Advisor to make such determination.
Advisor has disclosed on Schedule B certain information necessary for Participant to understand the scope of services to be provided and fees to be paid under this Agreement as it applies to Retirement Accounts. Participant acknowledges receipt of Schedule B and agrees that the information was provided reasonably in advance of entering into this Agreement. Following the Effective Date, Advisor will provide additional information as and when required by law.
With respect to each Retirement Account, Advisor will not make investments in collectibles, insurance or other products prohibited under Code Section 408.
16. SEVERABILITY
It is understood by the parties that, if any term, provision, duty or obligation under this Agreement is held by the courts to be unenforceable, illegal or in conflict with applicable state law, the validity of the remaining portion shall not be affected and the rights and obligations of the parties shall be construed and enforced as if such invalidity or unenforceable provision was not contained in this Agreement.
17. GOVERNING LAW
This Agreement shall be construed under the laws of the State of Texas in a manner consistent with the rules and regulations of the State of Texas.
18. ASSIGNMENT
This Agreement may not be assigned in any manner by any party without the consent of the Participant. Written consent will be obtained when required by applicable law, rule or regulation, via a “negative consent” by Participant upon Advisor’s written notification to Participant, with such amendments effective 30 days after the date of the written notice or at a later date established by Advisor. Nothing in this provision is intended to be a waiver of any right of action the Participant may have under applicable federal or securities law.
19. PROXY VOTING
Neither Advisor nor IAR will perform proxy voting services on behalf of Participant. If the account is for a pension or other employee benefit governed by ERISA, the right to vote proxies is expressly reserved for the plan’s trustees or other plan fiduciary and not Advisor. All proxy materials will be sent directly to Participant. Participants are instructed to read through the information provided with the proxy materials and to make a determination based on the information provided. Advisor will not give advice about how to vote proxies for securities in the Managed Assets. Advisor shall have no responsibility to render legal advice or take any legal action on Participant’s behalf with respect to securities then or previously held in the in the Managed Assets or the issuers thereof, that become the subject of legal proceedings, including bankruptcy proceedings or class actions. Notwithstanding the foregoing, from time to time, Advisor will advise Participant to take action on class actions. Participant remains responsible for: (i) directing the manner in which proxies solicited by issuers of securities will be voted; and (ii) making all elections relating to mergers, acquisitions, tender offers, bankruptcy proceedings, class actions and other events pertaining to the securities in the Account.
20. MISCELLANEOUS PROVISIONS
(a) This Agreement shall not become effective until acceptance by the Advisor as evidenced by signature below.
(b) The parties hereto acknowledge and agree that this Agreement alone constitutes the final written expression of the parties with respect to all matters contained herein. The parties further acknowledge and agree that there are no prior or contemporaneous agreements, or if any, such prior agreements are merged herein. This Agreement alone constitutes the final understanding between the parties.
(c) Advisor shall not render any advice or take any action on behalf of the client with respect to securities or other investments held in the account that become subject to legal proceeding, including bankruptcies.
(d) Participant acknowledges that Advisor does not render tax or legal advice and agrees that Participant will seek independent tax and legal advice to the extent Participant deems such advice necessary.
(e) No term of this Agreement may be waived or changed unless agreed to (i) by both Participant and Adviser in writing, (ii) as contemplated in Section 4 of this Agreement with respect to fees or (iii) via a “negative consent” by Participant upon Adviser’s written notification to Participant, with such amendments effective 30 days after the date of the written notice or at a later date established by Adviser. Nothing in this provision is intended to be a waiver of any right of action the Participant may have under applicable federal or securities law.
21. NOTICES
All notices and reports required or permitted to be sent under this Agreement shall be sent, if to Advisor, at the address show at the beginning of this Agreement or, if to Participant, at the address provided by Participant to Advisor, or such other name or address as may be given in writing to the other party. All notices hereunder shall be sufficient if delivered in person, by U.S. mail service, private express service (such as FedEx, UPS or DHL), fax or email. Notice shall be deemed to be given as follows: if delivered in person, then at the time of receipt; if delivered by U.S. mail service or private express service, then at the time notice is delivered by such service; if delivered by fax, then at the time the fax is confirmed as sent; and if delivered by email, then at the time the email is confirmed as sent.
22. ACKNOWLEDGMENT OF RECEIPT
Participant acknowledges receipt of Part 2A and 2B of Form ADV, a disclosure statement containing the equivalent information. If the appropriate disclosure was not delivered to Participant at least 48 hours prior to Participant entering into any written or oral advisory contract with the investment advisor, then Participant has the right to terminate the contract without penalty within five business days after entering into the contract. For the purposes of this provision, a contract is considered entered into when all parties to the contract have signed the contract, or in the case of an oral contract, otherwise signified their acceptance, any other provisions of this contract notwithstanding.
Participant authorizes Advisor to deliver, and Participant agrees to accept, all required regulatory notices and disclosures via electronic mail, as well as all other correspondence from Advisor. Information and documents provided by Advisor can include, but are not limited necessarily to, Form ADV (or similar brochure containing the same information contained in the Form ADV) updates and offers, account performance reports prepared by Advisor, Advisor’s annual Privacy Policy Notice delivery and written communication from Advisor. In addition, Advisor may receive, via electronic means, Participant’s consent to assignment of any client agreements. Advisor will have completed all delivery requirements upon the forwarding of such document, disclosure, notice and/or correspondence to Participant’s last provided e-mail address. Participant may notify Advisor in the event the Participant does not want electronic delivery of information. Participant acknowledges the right to withdraw consent to electronic delivery without the imposition of any fee or condition.
Participant also acknowledges receipt of Advisor’s Privacy Notice as set forth on Schedule A to this Agreement. Participant acknowledges that the Advisor’s Privacy Policy may be amended from time to time and that such amended policies will be delivered to client via mail (or electronically if the client has consented accordingly below).
23. ENTIRE AGREEMENT
This Agreement represents the entire agreement between the parties with respect to the subject matter contained herein. This Agreement may not be changed orally.
By accepting, Participant consents to the electronic delivery of documents, notices, disclosures and other correspondence from Advisor.
Schedule A
Privacy Notice Rev. 03/2020
| FACTS | WHAT DOES ATLASMARK FINANCIAL, INC. DO WITH YOUR PERSONAL INFORMATION? |
| Why? | Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share and protect your personal information. Please read this notice carefully to understand what we do. |
| What? | The types of personal information we collect and share depend on the product or service you have with us. This information can include:
· Social Security Number and driver’s license number · Account balances and income · Addresses and contact information We are required to retain our records of your relationship with us for 5 years if our relationship should end. |
| How? | All financial companies need to share client’s personal information to run their everyday business. In the section below, we list the reasons financial companies can share their client’s personal information; the reasons AtlasMark Financial chooses to share; and whether you can limit this sharing. |
| Reasons we can share your personal information | Does AtlasMark Financial share? | Can you limit this sharing? |
| For our everyday business purposes – such as to process your transactions, maintain your account(s), and to respond to regulators. | Yes | No |
| For our marketing purposes – to offer our products and services to you. | No | We don’t share |
| For joint marketing with other financial companies | No | We don’t share |
| For our affiliates’ everyday business purposes –Information about your transactions and experiences | Yes | No |
| For our affiliates to market to you | Yes | Yes |
| For non-affiliates to market to you | No | We don’t Share |
| Questions? | Call (512) 258-4040 | |
| What we do | |
| How does AtlasMark Financial protect my personal information? | To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. |
| How does AtlasMark Financial collect my personal information? | We collect your personal information, for example, when you
· Open or close an account · Authorize a trade or authorize a direct fee-deduction · Authorize to raise cash · Have a financial plan prepared |
| Why can’t I limit all sharing? | Federal law gives you the right to limit only
· Sharing for affiliates’ everyday business purposes – information about your creditworthiness · Affiliates from using your information to market to you · Sharing for non-affiliates to market to you State laws and individual companies may give you additional rights to limit sharing. |
| Definitions | |
| Affiliates | Companies related by common ownership or control. They can be financial and nonfinancial companies.
Employee Incentive Plans, Inc, EIP Payroll, Inc, GASPAR Holdings, LLC, BRDR Partnership, Ltd, BRDR Management Co, LLC, Serving Grace Foundation |
| Non-affiliates | Companies not related by common ownership or control. They can be financial and nonfinancial companies.
These include broker/dealers, mutual fund companies, insurance companies and other financial institutions. |
| Joint marketing | A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
AtlasMark Financial does not do joint marketing. |
Schedule B – Compensation Disclosures for Retirement Accounts
| Description of Information | Required Disclosure |
| Description of services that service provider, affiliate or subcontractor will provide to the Retirement Account | See Section 1 |
| Statement that service provider, affiliates or subcontractors reasonably expect to provide services as a fiduciary or registered investment adviser | See Section 15 |
| Description of all direct compensation (aggregate or by service) that service provider, affiliates or subcontractors expect to receive in connection with services, along with description of manner of receipt | See Section 4 |
| Description of all indirect compensation that service provider, affiliates or subcontractors expect to receive in connection with services (including identification of services for which indirect compensation is received, identification of payer, description of arrangement between payer and recipient), along with description of manner of receipt | See Form ADV Part 2A, Item 12. ERISA Accounts do not generate the soft dollars to pay for this benefit. |
| Description of all transaction-based compensation or compensation charged directly against plan investments and reflected in net value of investments that will be paid among the service provider, affiliates and subcontractors (including identification of services for which compensation is paid, identification of payers and recipients), along with description of manner of receipt | No transaction-based compensation will be received by Advisor, its affiliates or any subcontractors in connection with the services described in this Agreement. Further, no compensation charged directly against the Plan and reflected in the net value of the investments will be paid to Advisor, its affiliates or any subcontractors. |
| Description of compensation for termination of contract or arrangement and description of how prepaid amounts will be calculated and refunded upon termination, along with description of manner of receipt | See Section 12 |