A. Description of Advisory Firm EMCR, founded in 1990, provides personalized financial planning and investment
management services to high net worth individuals, pension and profit-sharing plans, trusts,
estates, charitable organizations and small businesses (“Clients”). Advice is provided through
consultation with the client and may include, but is not limited to determination of financial
objectives, identification of financial problems, cash flow management, tax planning, insurance
review, investment management, education funding, retirement planning, and estate planning.
B. Principal Owners The Firm’s principal owners are Douglas Mollin, Michael Cascio and Steven Ramusevic.
C. Types of Advisory Services EMCR provides investment supervisory services, also known as asset management services,
and furnishes investment advice through consultations.
As part of our asset management services, EMCR furnishes advice to clients on matters not
involving securities, such as financial planning matters
The terms of individual managed accounts are negotiated separately with each distinct Client.
Clients may impose certain reasonable restrictions or limitations on EMCR’s management of
their portfolio. These restrictions or limitations, along with additional details regarding
services, fees, investor suitability standards and other specific terms applicable to Clients, are
set forth in the investment policy statements between the Client and EMCR.
Below are the guidelines that are followed when managing a client’s portfolio:
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1) We identify investment objectives by assessing the following, which includes but is
not limited to, the Client’s risk tolerance, liquidity needs, income requirements,
emphasis on growth, and emotional tolerance for volatility. Information provided by
the Client will be collected during meetings, interviews, and/or filling out
questionnaires;
2) We analyze a Client’s financial situation and formulate an investment policy
statement and implement the investment strategy by investing in a combination of
mutual funds, stocks, bonds, exchange traded funds (“ETFs”), cash equivalents, and
selection of individual securities. Clients can instruct us not to buy certain securities
or types of securities;
3) Capital market conditions and Client circumstances are monitored on a periodic basis
for changes that may affect Client accounts; and
4) Portfolio adjustments are made as appropriate to reflect changes in any or all of the
above variables.
D. Amount of Managed Assets As of December 31, 2019, EMCR managed approximately $ 219,700,000 in assets on a
discretionary basis.
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EMCR bases its fees on a percentage of assets under management or charges fixed retainer
fees.
Investment advisory fees range from .40% to 1.00% annually. Investment management fees
are billed quarterly, in arrears based on the account balance at each calendar quarter end.
Fees generally are deducted from the Client account to facilitate billing. The Client must
consent in advance to direct debiting of their investment account.
EMCR, in its sole discretion, may charge a lower investment advisory fee based upon certain
criteria determined and approved by EMCR.
Other Fees & Expenses. In addition to our fees, the Clients may incur certain other fees and
expenses billed by third parties. Such costs could include and are not limited to brokerage
commissions and transaction fees. In addition, mutual funds and exchange-traded funds have
an expense ratio that represents the percentage of the fund’s asset value charged as an expense
for operating the fund. Mutual fund shares or ETF shares in a Client’s account may be subject
to other fees and expenses that are described in the fund prospectus.
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EMCR does not charge any performance-based fees (i.e., fees based on a share of capital gains on or
capital appreciation of the assets of a client).
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EMCR generally provides investment advice to individuals, high net worth individuals and
corporations. There is no minimum account size or minimum annual fee.
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A. Methods of Analysis & Investment Strategies When selecting investments, the Firm’s main sources of information include Morningstar,
Charles Schwab & Company's research, Fidelity's research and Advisor Intelligence. We also
utilize financial newspapers, magazines and professional journals.
The primary investment strategy used for Client accounts is a global balanced allocation
utilizing mutual funds and exchange-traded funds. We do not focus much on individual stocks
and bonds. We use complementary asset classes and complementary funds within each asset
class to help provide consistent returns for each portfolio. Typical asset classes include U.S.
and foreign stocks, small, mid and large sized companies (U.S. and foreign), growth and value
styles, active and index based; bonds will include a broad range of exposure to U.S.
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government, high grade corporate, high yield corporate, foreign government, floating rate,
inflation protected, mortgage bonds and municipal bonds. The vast majority of bond
investments are in the short to intermediate term range to limit interest rate risk.
We do not actively trade the portfolio. A particular investment may be replaced due to one of
the factors, such as extended poor performance, a change in the risk profile, a change in
management. New positions are added based on how they complement the existing
investments, the management, the expenses, performance consistency, or risk-adjusted
consistency.
The investment strategy for each specific Client is based upon the information provided by
such Client during consultations. The Clients may change their objectives, risk tolerance or
other information at any time. Each Client executes an Investment Policy Statement that
documents their objectives and desired investment strategy.
B. Risk of Loss All investing and trading activities risk loss of capital and have certain risks that are borne by
the investor. Although we will attempt to moderate these risks, no assurances can be given
that the investment activities of an account we advise will achieve the investment objectives
of such account or avoid losses. Direct and indirect investing in securities involves risk of loss
that you should be prepared to bear. We do not represent or guarantee that our services or
methods of analysis can or will predict future results, successfully identify market tops or
bottoms, or insulate you from losses due to market corrections or declines. We cannot offer
any guarantees or promises that your financial goals or objectives will be met. Past
performance is in no way an indication of future performance. Our investment approach
constantly keeps the risk of loss in mind.
Except as may otherwise be provided by law, we are not liable to clients for:
• Any loss you may suffer by reason of any investment decision made or other action
taken or omitted by us in good faith;
• Any loss arising from our adherence to your instructions or the disregard of our
recommendations made to you; or
• Any act or failure to act by a custodian or other third party to your account.
The information in this brochure does not include every potential risk associated with an
investment strategy, technique or type of security applicable to a particular client account. You
are encouraged to ask questions regarding risks applicable to a particular strategy or
investment product and read all product-specific risk disclosures. It is your responsibility to
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give us complete information and to notify us of any changes in financial circumstances or
goals. It is important that you understand the risks associated with investing and that you as
the investor will face the following investment risks:
→ Interest-rate Risk: Fluctuations in interest rates may cause investment prices to
fluctuate. For example, when interest rates rise, yields on existing bonds become less
attractive, causing their market values to decline.
→ Legal and Regulatory Risks: The regulation of the U.S and non-U.S. securities and
futures markets investment funds has undergone substantial change in recent years
and such change may continue. In particular, in light of the recent market turmoil
there have been numerous proposals, including bills that have been introduced in
the U.S. Congress, for substantial revisions to the regulation of financial institutions
generally. Some of the additional regulation includes the requirements that provide
fund managers register as investment advisers under the Advisers Act and disclose
various information to regulators about the positions, counterparties and other
exposures of the private funds managed by such managers. Further, the practice of
short selling has been the subject of numerous temporary restrictions, and similar
restrictions may be promulgated at any time. Such restrictions may adversely affect
the returns of the Underlying Investment Funds that utilize short selling. The effect
of such regulatory change on the accounts and/or underlying investment funds,
while impossible to predict, could be substantial and adverse.
→ Market Risk: The price of a security, bond, or mutual fund may drop in reaction
to tangible and intangible events and conditions. This type of risk is caused by
external factors independent of a security’s particular underlying
circumstances. For example, political, economic and social conditions may
trigger market events. This is also referred to as systemic risk.
→Inflation Risk: When any type of inflation is present, a dollar today will not buy as
much as a dollar next year, because purchasing power is eroding at the rate of
inflation.
→ Currency Risk: Overseas investments are subject to fluctuations in the value of the
dollar against the currency of the investment’s originating country. This is also
referred to as exchange rate risk.
→ Reinvestment Risk: This is the risk that future proceeds from the investments are
reinvested at a potentially lower rate of return (i.e. interest rate). This
primarily relates to fixed income securities.
→ Liquidity Risk: Certain assets may not be readily converted into cash or may have a
very limited market in which they trade. Thus, you may experience the risk that your
investment or assets within your investments may not be able to be liquidated
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quickly, thus extending the time by which you may receive the proceeds from
your investment. Liquidity risk can also result in unfavorable pricing when
exiting (i.e. not being able to quickly get out of an investment before the price
drops significantly) a particular investment and therefore, can have a negative
impact on investment returns. Example, Treasury Bills are highly liquid, while
real estate properties are not.
→ Management Risk: Your investments will vary with the success and failure of our
investment strategies, research analysis and determination of portfolio securities. If
you implement our recommendations and our investment strategies do not product
the expected results, you may not achieve your results.
→ Business Risk: These risks are associated with a particular industry or a particular
company within an industry. For example, oil-drilling companies depend on finding
oil and then refining it, a lengthy process, before they can generate a profit. They
carry a higher risk of profitability than an electric company, which generates its
income from a steady stream of customers who buy electricity no matter what the
economic environment is like.
→ Financial Risk: Excessive borrowing to finance a business’ operations increases
the risk of profitability, because the company must meet the terms of its
obligations in good times and bad. During periods of financial stress, the inability
to meet loan obligations may result in bankruptcy and/or a declining market value.
→ Other Risks and Vulnerabilities: Epidemics, pandemics and other unforeseen
global emergencies, and reactions to such emergencies could cause uncertainty in
markets and businesses, including the Firm’s business, and may adversely affect
the performance of the global economy, including causing market volatility, market
and business uncertainty and closures, supply chain and travel interruptions, the
need for employees and vendors to work at external locations, and extensive
medical or personal absences. The Firm has policies and procedures to address
many different events, however, significant outages, shortages and emergencies
because of a large unexpected global situation could create significant market and
business uncertainties and disruptions, therefore, not all events that could affect
the Firm’s business and/or the markets can be determined and addressed in
advance.
Asset allocation and diversification are the Firm’s primary tools for controlling risk. EMCR
seeks to ensure that our Clients’ mix of assets is appropriate for their temperament, desire for
growth, tolerance of risk, need for liquidity, etc. However, there can be no assurance that the
future performance of any specific investment or investment strategy will be profitable.
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The summary of material risks provided above is not meant to be a complete description of
every risk that may be applicable. All investment activities involve a high degree of risk,
including the possible risk of loss of an investor’s entire investment. The information
contained herein is a summary only.
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Neither EMCR nor any of its employees have been involved in legal or disciplinary events that
would be material to your evaluation of the Firm or the integrity of its management.
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Three principals of EMCR have ownership interests in Ramusevic, Cascio & Kaplan, CPAs, a tax
and accounting firm. Several Clients of EMCR are also tax clients of Ramusevic, Cascio & Kaplan,
CPAs, however, EMCR does not have a referral arrangement with Ramusevic, Cascio & Kaplan,
CPAs and there is no obligation, real or implied, for any Firm client to retain Ramusevic, Cascio
& Kaplan, CPAs.
Additionally, EMCR may from time to time recommend to its Clients a third-party investment
adviser Richter Bober Asset Management (“Richter Bober”) to manage the portion of Clients’
portfolios investment in municipal securities. EMCR and Richter Bober are not affiliated.
EMCR exercises a limited oversight over Richter Bober’s management by reviewing
Richter Bober’s periodic reports on the portfolios and municipal market in general, along
with the accounts’ performance.
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A. Code of Ethics EMCR has adopted a Code of Ethics (hereinafter referred to as the “Code”) in accordance with
Rule 204A-1 of the Investment Advisers Act of 1940 (hereinafter the “Advisers Act”). The
purpose of the Code is to set forth certain key guidelines that have been adopted by us and to
specify the responsibility of our personnel to act in accordance with their fiduciary duty to our
Clients and to comply with applicable federal and state laws and regulations. The Code
requires that all employees conduct themselves in accordance with the highest ethical
standards, which should be premised on the concepts of integrity, honesty and trust. The Code
additionally includes provisions relating to the confidentiality of client information, a
prohibition on insider trading, a prohibition of rumor mongering, restrictions on the
acceptance of significant gifts and the reporting of certain gifts and business entertainment
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items, and personal securities trading procedures, among other things. All supervised persons
must acknowledge the terms of the Code of Ethics.
A copy of EMCR’s Code of Ethics is available upon request.
B. Investment or Participation in Client Transactions & Personal Trading EMCR and its employees are permitted to purchase or trade securities that are also held by the
Clients. As such, the Firm’s related persons may have a material financial interest in such
securities, which could result in a potential conflict of interest on the part of such related
persons. In order to manage this conflict of interest, employees may not trade their own
securities ahead of client trades and moreover, such related personal transactions will be
reviewed against the best interests of the Clients and will be denied if it is determined that
there is a risk of potential adverse consequences to our Clients. Employees additionally, must
comply with all provisions of the EMCR Compliance Manual related to personal trading.
The Chief Compliance Officer of EMCR is Douglas Mollin. Mr. Mollin reviews all employee
personal securities transactions each quarter. Mr. Mollin’s trades are similarly reviewed by
Steven Ramusevic. These reviews ensure that the personal trading of employees does not affect
the markets and that Clients of the firm receive preferential treatment whenever feasible.
Furthermore, EMCR and its employees may not trade for Clients or themselves or recommend
to others trading in securities of a company while in possession of material, non-public
information (hereinafter referred to as “MNPI”) or disclose such information to any person not
entitled to receive it. By reason of its various investment activities, EMCR may have access to
MNPI or be restricted from effecting transactions in certain investments that might have
otherwise been initiated.
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A. Selecting Brokerage Firms EMCR typically determines the broker-dealer to be used to maintain custody of the client’s
assets and execute trades in the Clients’ accounts. Broker-dealers are selected based on
several factors including: the broker-dealer’s expertise in trading exchange-traded products;
access to markets; responsiveness to EMCR; and EMCR’s overall prior experience with the
broker-dealer with respect to quality of execution, order routing practices, and clearance and
settlement practices. EMCR generally also considers the broker-dealer’s size, reputation,
financial stability, research coverage and the value of any research provided, commission
rates, ability to maintain confidentiality of client orders, disciplinary actions, and ability or
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willingness to commit capital. Recognizing the value of these factors, EMCR may pay a
brokerage commission in excess of that which another broker might charge for effecting the
same transaction so long as the client receives the best overall qualitative execution. The Firm
currently uses Charles Schwab and Fidelity Investments as broker-dealers and custodians.
B. Best Execution We seek to execute securities transactions for Clients in such a manner that the Client’s total
cost or proceeds in each transaction is the most favorable given the circumstances. When
selecting broker-dealers, we will consider the full range and quality of the services and
annually perform a review of broker-dealers to ensure EMCR continue to provide clients with
best execution, including performing a comparison of Charles Schwab and Fidelity Investments
to other broker-dealers.
EMCR will also periodically and systematically evaluate the execution performance of the
broker-dealers executing transactions on behalf of EMCR for its clients. Quarterly, the Firm
will review a sample of all transactions that were effected on behalf of clients and evaluate the
quality of the execution received on those transactions based on the factors noted above. In
addition, the Firm will quarterly review a sample of client transactions to ensure client
execution pricing falls within a reasonable range. EMCR reviews the execution of trades at
each broker-dealer each quarter. Trading fees charged by the brokers are also reviewed on a
quarterly basis.
C. Aggregation We do not aggregate client transactions.
D. Soft Dollar Transactions EMCR does not engage in soft dollar transactions.
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A. Regular Reports Account reviews are performed quarterly by Douglas Mollin, President and Chief Compliance
Officer. A detailed written report is delivered to each Client covering the following areas:
overall market conditions and commentary, quarterly values for the portfolio, returns for the
portfolio for the past quarter, 12 months, 3 years and since inception, and an updated asset
allocation as compared to the target long-term allocation. In the report, we'll also discuss
individual positions and recommend changes to the mix a necessary.
B. Review Triggers Conditions that may trigger a review are changes in the tax laws, new investment information
and changes in a Client's own situation. General conditions in the stock and bond markets are
continuously monitored. Factors triggering reviews of Client portfolios include changed
circumstances of the Clients; changed general conditions in the stock and bond markets; and
changes in the individual’s securities owned by clients. Moreover, any discrepancies among
our internal records or that of the custodians will trigger an off-cycle review of the Firm’s
accounts.
C. Periodic Reviews During the account reviews, EMCR contemplates the Client's current security positions and
the likelihood that the performance of each security will contribute to the investment
objectives of the Client.
Client accounts are reviewed on a periodic basis, but not less than quarterly. The written
updates may include a portfolio summary, asset allocation update, market commentary and
portfolio returns.
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EMCR client referrals have come from current clients, estate planning attorneys, accountants,
friends and other similar sources. The Firm does not compensate for these referrals or accept
referral fees or any form of remuneration from other professionals when a prospect or client
is referred to the Firm.
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All client funds and securities are maintained at qualified custodians. Clients should receive at
least quarterly statements, confirmations of trading activity and tax forms from the qualified
custodian that holds and maintains the investment assets. Clients are urged to carefully review
such statements and compare the official custodial records to the account statements that
EMCR may provide. Our statements may vary from custodial statements based upon
accounting procedures, reporting dates, or valuation methodologies of certain securities.
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EMCR provides advisory services on a discretionary basis after receiving a written
discretionary authority from the Client at the outset of an advisory relationship and exercised
in a manner consistent with the stated investment objectives for the particular Client account.
When selecting securities and determining amounts, EMCR observes the investment policies,
limitations, and restrictions of the Clients for which it advises. In certain situations, EMCR
obtains blanket trading authorization. A limited power of attorney is a trading authorization
Clients of EMCR sign so that the firm may execute the trades that have been approved.
All investment guidelines and restrictions are documented in writing.
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EMCR does not have the authority to vote proxies solicited by or with respect to the issuers of
securities held in client account(s). Clients are expected to vote their own proxies.
When assistance on voting proxies is requested, EMCR will provide recommendations to the
Client. If a conflict of interest exists, it will be disclosed to the Client.
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EMCR does not have any financial impairment that will preclude the firm from meeting
contractual commitments to clients and has not been the subject of a bankruptcy proceeding.
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