Required Disclosures for Registered Investment Advisors
Atwater Malick, LLC is a Securities and Exchange Commission registered investment advisor. This website is for informational purposes only and does not constitute a complete description of our investment services or performance. This website is in no way a solicitation or offer to sell securities or investment advisory services except, where applicable, in states where we are registered or where an exemption or exclusion from such registration exists. Information throughout this site, whether stock quotes, charts, articles, or any other statement or statements regarding market or other financial information, is obtained from sources that we believe reliable, but we do not warrant or guarantee the timeliness or accuracy of this information. Nothing on this website should be interpreted to state or imply that past results are an indication of future performance. Neither we nor our information providers shall be liable for any errors or inaccuracies, regardless of cause, or the lack of timeliness of, or for any delay or interruption in the transmission thereof to the user. There are no warranties, expressed or implied, as to accuracy, completeness, or results obtained from any information posted to this or any linked website.
Please click on the following links to view our Form ADV Part 2 Firm Brochure and ADV Part 2 Supplemental Brochures.
Disclosure Regarding Marketing Materials distributed by Atwater Malick, LLC
Marketing materials include references to certain recommendations made by Atwater Malick, LLC. Our investment and financial advice is given in the context of each client’s particular circumstances and other particular considerations, and it should not be assumed that Atwater Malick, LLC will make the same or similar recommendations for you. It also should not be assumed that investment recommendations made in the future will be profitable or will equal the performance of any securities mentioned in any marketing materials. Marketing materials include statements that describe our expectations as to the performance of certain securities and asset classes in the future. Although such statements are believed by us to be reasonable when made, caution should be exercised not to place undue reliance on these statements, which are subject to certain risks, uncertainties and assumptions. If the risks or uncertainties ever materialize or the assumptions prove incorrect, actual results may differ from those expressed or implied by such statements. Portfolios are subject to the general risks associated with portfolios invested in equities, bonds and other marketable securities. Examples of risks include, but are not limited to, the following: there is a risk of loss of principal; there is a risk that securities purchased will not perform as expected; there is a risk that debt issuers will default on their obligations. Atwater Malick, LLC cannot provide any guaranty that the expectations described in marketing materials will be realized. Unless otherwise noted, marketing materials are original, written by Atwater Malick, LLC and all data, facts and figures are from what we believe are reliable sources. However, we cannot guarantee the accuracy of any data, facts and figures. Marketing materials contain confidential information which may also be legally privileged and which is intended only for the use of the recipients. If you are not the intended recipient, you are hereby notified that forwarding or copying the marketing materials, or taking any action in reliance on its contents, may be strictly prohibited. If you received marketing materials from Atwater Malick, LLC in error, please notify us immediately via email at firstname.lastname@example.org and destroy the marketing materials. Thank you.
Disclosure Regarding Conflict of Interest – IRA Rollovers
Atwater Malick, LLC is always required to act in a fiduciary capacity, meaning that all of Atwater Malick’s actions must be in Client’s best interest when offering investment and financial planning advice. Atwater Malick, LLC will make an additional disclosure when recommending that Client rollover a qualified retirement plan (all references to “qualified retirement plans” in this disclose shall expressly include reference to “no-fee IRAs”). The United States Department of Labor (DOL) maintains, even for a fiduciary firm such as Atwater Malick, LLC, that Atwater Malick, LLC must declare to Client that a material conflict of interest exists when Atwater Malick, LLC recommends a rollover from a qualified retirement plan to an IRA managed by AM.
The material conflict of interest stems from Atwater Malick, LLC’s ability to assess a management fee, generally utilizing Atwater Malick’s standard fee schedule for rollover IRA accounts. This fee will often be higher than the fee Client is currently paying in their qualified retirement plan. Unless AM manages Client’s qualified plan, Atwater Malick, LLC receives no revenue from Client’s qualified retirement plan assets unless Atwater Malick, LLC recommends a rollover of said assets to an IRA that Atwater Malick, LLC manages and thereby receives direct compensation from Client. Hence, the DOL has determined the previously described rollover and resulting fee is a material conflict of interest.
Atwater Malick, LLC, as a fiduciary, maintains that there are material client benefits to rolling over a qualified plan to Atwater Malick’s management. When Atwater Malick, LCC has direct management over Client’s rollover IRA, Atwater Malick, LLC can:
- directly make changes to investments, whereas, when indirectly advising on a qualified plan, Atwater Malick, LLC can only make recommendations which Client may or may not implement;
- consistently monitor more of the Client’s investable assets;
- maximize coordination of total investable assets;
- implement Atwater Malick LLC’s investment management process, which Atwater Malick, LLC, as a fiduciary, believes is highly effective for long-term Clients;
- more readily and easily offer comprehensive financial planning advice and counsel.
Furthermore, although Atwater Malick, LLC explicitly acknowledges that, in many cases, Client will experience a higher fee in a rollover IRA that Atwater Malick, LLC manages than in a qualified retirement plan, Atwater Malick LLC’s compensation-based incentive, in AM’s opinion, is explicitly aligned with that of Client’s best interest. Atwater Malick, LLC is a fee-only advisor and sells no investment products and receives no commission or incentives for the sale of any proprietary or outside products.
Please do not hesitate to contact us anytime with questions. We can be reach via phone at (717) 400-1505 or email at email@example.com.