Semmax Financial Advisors, Inc. (“Semmax Financial” or the “Firm”) has been incorporated in North
Carolina since 4/26/2007. Semmax Financial became registered as an investment adviser firm in August
2007. Semmax Financial is owned by John E. Tyner, Jr.
As discussed below, Semmax Financial offers to its clients (individuals, business entities, trusts, estates, and
charitable organizations, etc.) investment advisory services, and, to the extent specifically requested by a
client, financial review services.
Investment Advisory Services
The client may engage Semmax Financial to provide discretionary and/or non-discretionary investment
advisory services on a non-wrap fee basis. Semmax Financial does not participate in any wrap fee programs.
The client engages Semmax Financial and selects individual services on an unbundled basis, paying for each
service separately (i.e., investment advisory, trade execution, custody, etc.). Generally, Semmax Financial’s
annual investment advisory fee is based upon a percentage (%) of the market value of the assets placed under
Semmax Financial’s management (the “Advisory Fee”).
Semmax Financial’s annual Advisory Fee shall include investment advisory services, and may also include,
to the extent specifically requested by the client, financial review services. In the event that the client requires
extraordinary consulting services, Semmax Financial may be contracted to perform the agreed upon
consultations for a fee, the dollar amount of which shall be set forth as part of the Financial Review Services
Agreement with Semmax Financial.
Financial Planning, Review, and Consulting Services (Stand Alone)
To the extent requested by a client, Semmax Financial may provide financial planning, review, or consulting
services on a stand-alone basis. Semmax Financial offers services based on a negotiated fixed fee or on an
hourly fee of up to $300, based on the complexity and unique client needs. The fees for financial planning
services may be waived by Semmax Financial in certain circumstances. As the circumstances are specific to
each financial review client relationship, the investment advisory representative will make the determination
as to whether or not fees will be charged after initial consultations with the client.
Prior to engaging Semmax Financial to provide planning, review, or consulting services, clients are generally
required to enter the Financial Review Services Agreement with Semmax Financial.
Investment Services
Semmax Financial does not limit our advice to particular securities, but in practice we usually recommend
(or purchase with discretion) stocks, bonds, ETFs, and mutual funds. We offer advice on other products,
including but not limited to the following: Exchange listed securities, securities that are traded over the
counter, foreign issuers, warrants, corporate debt securities, commercial paper, certificates of deposit,
municipal securities, variable life insurance, variable annuities, United States government securities, options
on both securities and commodities, as well as real estate. We also recommend two private funds: the
Fairway Masters Fund and the Semmax Fund. Both funds are managed by Fairway Asset Management,
LLC. The Fairway Masters Fund and the Semmax Fund are simi
lar in scope, but the latter is “white-labeled”
for our firm. Semmax Financial uses fundamental, technical, and cyclical security analysis methods. The
main sources of information include, but are not exclusive to: financial newspapers and magazines,
inspections of corporate activities, research materials prepared by others, corporate rating services, annual
reports, prospectuses, and filings with the SEC.
Seminars
Semmax Financial occasionally provides educational seminars related to financial review, retirement
planning, estate planning, and tax planning. Seminars are always offered on an impersonal basis and do not
focus on the individual needs of participants.
Referral Services
Semmax Financial does not currently refer clients to other Investment Advisers.
Miscellaneous Advisory Services Disclosure
IRA Rollover Considerations. 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. As part of our investment advisory services to you, we may recommend that you
withdraw the assets from your employer's/former
employer’s retirement plan and roll the assets over to an
individual retirement account (“IRA”) that we will manage on your behalf. If you elect to roll the assets to
an IRA that is subject to our management, we will charge you an asset based fee as set forth in the agreement
you executed with our Firm. This practice presents a conflict of interest because persons providing
investment advice on our behalf have an incentive to recommend a rollover to you for the purpose of
generating fee-based compensation rather than based solely on your needs. We manage this conflict of
interest by always acting in the client’s best interest and keeping documentation of our determination that
the rollover recommendation is in the client’s best interest. You are under no obligation, contractually or
otherwise, to complete the rollover. Moreover, if you do complete the rollover, you are under no obligation
to have the assets in an IRA managed by our Firm.
Many employers permit former employees to keep their retirement assets in their company plan. Current
employees can sometimes move assets out of their company plan before they retire or change jobs. In
determining whether to complete the rollover to an IRA, and to the extent the following options are available,
you should consider the costs and benefits.
An employee will typically have four options: 1) Leaving the funds in your employer’s (former employer’s)
plan; 2) Moving the funds to a new employer’s retirement plan; 3) Cashing out and taking a taxable
distribution from the plan; 4) Rolling the funds into an IRA rollover account.
Each of these options has advantages and disadvantages and before making a change we encourage you to
speak with your CPA and/or tax attorney. We will speak with your CPA and/or attorney if you authorize us
to do so in connection with any rollover recommendation we make. Similarly, we may rely on information
you obtain from your CPA or tax attorney and communicate to us prior to making any such recommendation.
Non-Investment Consulting/Implementation Services. If requested by the client, Semmax Financial may
provide consulting services regarding non-investment related matters, such as estate planning, tax planning,
insurance, etc. Neither Semmax Financial, nor any of its representatives, serves as an accountant or attorney,
and no portion of Semmax Financial’s services should be construed as same. To the extent requested by a
client, Semmax Financial may recommend the services of other professionals for certain non-investment
implementation purposes (i.e. attorneys, accountants, etc.). The client is under no obligation to engage the
services of any such recommended professional. The client retains absolute discretion over all such
implementation decisions and is free to accept or reject any recommendation from Semmax Financial.
Trade Errors: Semmax Financial has implemented procedures designed to prevent trade errors; however,
trade errors in client’s investment assets may occur. Consistent with our fiduciary duty, it is the policy of
Semmax Financial to correct trade errors in a manner that is fair to the client. In all situations where the
client does not cause the trade error, the client will be made whole. In cases where the client causes the trade
error, the client will be responsible for any loss resulting from the correction. Suitability of a trade error also
factors into the resolution of the error.
Client Obligations: Each client of Semmax Financial is advised that it remains his/her/its responsibility to
promptly notify Semmax Financial if there is ever any change in his/her/its financial situation or investment
objectives for the purpose of reviewing/evaluating/revising Semmax Financial’s previous recommendations
and/or services.
Semmax Financial shall provide investment advisory services specific to the needs of each client. Prior to
providing investment advisory services, an investment adviser representative will ascertain each client’s
investment objective(s). Thereafter, Semmax Financial shall allocate and/or recommend that the client
allocate investment assets consistent with the designated investment objective(s). Our clients grant discretion
to Semmax Financial to select third-party managers for client assets, and to terminate such managers or
reallocate assets between or among managers. The client may, at any time, impose reasonable restrictions,
in writing, on Semmax Financial’s services.
Assets Under Management. As of February 28, 2023, Semmax Financial had $290,976,243 in assets under
management on a discretionary basis.