Item 5 – Additional Compensation…………………………………………………………........22
Item 6 – Supervision……………………………………………………………………………..22
Item 7 – Arbitration Claims…………………………...……………………………………........23
Item 8 – Self-Regulatory Organization and Administrative Proceedings……………………….23
Item 9 – Bankruptcy Petition…………………………………………………………………….23
Firm Description
Lander & Associates, Inc., hereinafter referred to as Lander, Advisor or Firm, began
operations on April 4, 1980 as a registered investment advisory firm, registered with
the Securities and Exchange Commission (SEC). In 2013, as a result of regulatory
changes, the Firm altered its SEC registration to state registration with the
Commonwealth of Virginia, its primary place of business. Due to increases in client
assets under management, however, the Firm once again registered as an SEC-
registered advisory firm in September 2017 and continues to be SEC-registered at this
time. The Firm is also notice filed with the SEC to conduct advisory business in the
States of Virginia, Maryland, Texas and the District of Columbia.
Lander provides personalized confidential financial planning, asset management and
related consulting services to individuals, high net worth individuals and pension and
profit-sharing plans. Recommendations to clients are made based on consultation with
the client and analysis of each client’s specific financial needs. Provided services may
include the following:
Determination of financial objectives Identification of financial problems
Cash flow management Tax planning
Insurance review Investment management
Education funding Retirement planning
Estate planning
Lander does not act as a custodian of client assets. Instead, custody of advisory client
accounts is maintained by TD Ameritrade Institutional, hereinafter referred to as
Ameritrade. Lander may, to better serve specific client needs, recommend to its clients
the use of other custodians, with the client retaining the discretion to accept such
recommendations.
While Ameritrade is a FINRA- and SIPC-member broker/dealer firm in its own right,
Lander is a fee-only advisory firm and, at this time, none of its associated persons
maintain a Registered Representative relationship with Ameritrade or any other
FINRA/SIPC-member securities broker/dealer.
Investment advisory services are provided to clients on a discretionary basis.
Discretionary authority permits the advisor to select the types, amounts and timing of
securities traded, within parameters established with each client relative to their
specific financial objectives, timeframes and risk tolerance, without prior consultation
with the client. The clients, however, always retain control of their assets and may
place restrictions on the composition of their portfolios and/or individual securities
traded on their behalf. While discretionary authorization is contained within Lander’s
advisory agreement, signed by the clients upon retaining the services of the Firm, TD
Ameritrade, the Firm’s advisory account custodian, also requires clients to execute
firm-specific trading authorizations and/or limited powers of attorney to facilitate
trading within its platform on a discretionary basis. Non-discretionary accounts would
require the advisor to review with the client and gain approval of all trading activities
from the client prior to trade executions, encumbering the Firm’s ability to best serve
the client.
An evaluation of each client's initial situation is discussed with the client and periodic
reviews are also communicated to provide reminders of the specific courses of action
that need to be taken. More frequent reviews may occur but are not necessarily
communicated to the client unless immediate changes are recommended.
Other professionals (e.g., lawyers, accountants, insurance agents, etc.) may be engaged
directly by the client, or by Lander with client approval, on an as-needed basis.
Conflicts of interest with these arrangements will be immediately disclosed to the client
in the unlikely event they should occur.
The initial meeting with a prospective client, which may be either by telephone or in-
person, is free of charge and is considered an exploratory interview to determine the
extent to which financial planning and/or investment management by the Firm may be
beneficial to the client.
Principal Owners
Hilary S. Carroll is the sole owner of Lander & Associates, Inc., retaining 100% of its
ownership interest.
Types of Advisory Services
Lander provides both investment supervisory services, also known as asset
management services, and financial planning or consultative services to its clients.
Asset management services may entail the active or passive management of investment
accounts, furnishing of investment advice through consultations with clients, issuing
periodic newsletters or special reports to its clients about securities and market
conditions or trends and evaluating securities held by clients to foster an understanding
of their assets relative to their stated goals and objectives.
Financial planning services are provided to clients to assist them in pursuing both short-
and long-range financial goals. This is accomplished through a process of collecting
client information about the client’s current financial condition, clarification of their
goals, identification of their past efforts and current abilities in pursuit of their goals
and ongoing progress reviews relative to any actions taken. A risk tolerance analysis
is performed for each client prior to developing investment or management strategies.
On more than an occasional basis, Lander furnishes consulting services to clients on
matters not involving securities, such as trust management and estate planning. In this
area, the Firm does not act in the capacity as a legal advisor to its clients but does
generally provide the client with recommendations resulting from the consultations.
The Firm is compensated for its advisory services to clients through asset management,
based on a percent of assets under management, or through advisory fees, which may
be fixed or hourly fees depending on the types of services elected by the clients. As
previously stated, asset management clients grant the Firm and its advisors
discretionary powers which permit the execution of transactions on the clients’
behalves without consulting with or obtaining consent from them in advance of the
transactions.
As of March 31, 2023, Lander is actively managing approximately $135,839,217
million of client assets for 55 advisory clients. All assets are managed on a
discretionary basis.
Tailored Relationships
The goals and objectives for each client are documented in their respective advisory
client file. Investment strategies are then created that reflect the stated goals and
objectives of each client. Clients may impose restrictions on investing in certain
securities or types of securities. Accounts are reviewed with clients at least annually.
Types of Agreements
Prospective clients may engage the Firm to provide either financial planning,
consulting or asset management services. Clients are required to sign an
agreement
which defines which types of services that will be provided by the Firm. The following
agreements define the typical client relationships between Lander and its clients.
Agreements may not be assigned or transferred to parties other than the original clients
entering into the agreements. Since Lander does not maintain custody of client assets,
however, separate agreements may also need to be executed between custodial firms
and the client, in addition to an advisory agreement of the Firm described below. Since
neither Lander nor its advisors act as attorneys, their recommendations should not be
interpreted as legal advice.
Advisory services are seen as ongoing and agreements are self-renewing unless
terminated by either the client or the Firm. Fees and terms within the agreements,
however, may be adjusted periodically to serve the client’s ongoing needs. Clients
are notified in writing of any adjustments to their agreements.
Financial Planning and Consulting Service Agreement
Information regarding a client’s personal and financial situation and objectives is
collected by the advisor through a confidential interview process. This data is analyzed
and specific recommendations may be presented to the client as components of an
overall asset management strategy. Financial planning services may address any or all
of the following client concerns:
Estate and Gift Planning Education Planning
Investment Management Retirement Planning
Comprehensive Financial Planning Risk Management (insurance issues)
Other Non-investment Related Matters
Recommendations relative to the client’s concerns may include, but are not limited
to a net worth statement, cash flow statement, review of investment accounts
including reviewing past asset allocations, providing asset repositioning
recommendations, education planning with funding recommendations, review of
retirement accounts and plans including recommendations and one or more
retirement scenarios, review of insurance policies and recommendations for
changes, if necessary and an estate planning review with related recommendations.
While the Firm doesn’t provide legal or accounting advice relative to its financial
recommendations, it may act as a facilitator in these areas between clients and their
legal or other professional advisors. Implementation of the Firm’s
recommendations is at the discretion of the client and may be implemented with
either Lander or with a financial advisor of the client’s choosing.
Consulting services may be provided to clients regarding other financial-related
concerns in situations where detailed or comprehensive financial planning is either
not necessary or not desired. Common areas of concern addressed by these services
may include, but aren’t limited to the following:
Education planning Simple investment planning
Death, disability and retirement planning Risk management (insurance)
Net worth, cash flow and financial position Estate planning
Other investment or non-investment issues
Investment Management Agreement
Most clients choose to have Lander manage their investable assets in order to obtain
ongoing in-depth advice and life planning. All aspects of the client’s financial affairs
are reviewed. Realistic and measurable goals are set and objectives to reach those
goals are defined. As goals and objectives change over time, suggestions are made
and implemented on an ongoing basis.
Based on specific client objectives and suitability factors, the advisor will execute an
advisory agreement with the client which focuses primarily on either income
generation or growth of equity assets. The scope of services and related fees are
provided to the client in this written agreement at the time the Firm is hired. Lander’s
Investment Management Agreement provides for consideration of the following
issues in conjunction with the Firm’s asset management services:
Cash Flow Management Periodic Net Worth Reviews
Risk Management (Insurance Issues) Asset Investment Strategies
Education Planning Retirement Planning
Tax Planning Estate Planning
Asset Management
Advisors generally recommend that clients allocate their investment assets to various
vehicles deemed by the advisor to be appropriate and consistent with the client’s
suitability and financial objectives. These investment vehicles may include, but are
not limited to, the following:
Exchange-listed securities Over-the-counter securities
Foreign securities Warrants
Corporate debt securities Commercial paper
Certificates of deposit Municipal securities
Mutual funds Exchange-traded funds
U.S. Government securities
Fees related to investment vehicles are clearly identified to the client, either by the
advisor or by prospectus, prior to investing. Lander does not participate in Initial
Public Offerings (IPOs) or Private Placements within advisory client accounts.
As previously stated, securities transactions in advisory accounts are executed
through Ameritrade, Lander’s advisory account custodian. Other brokerage firms,
broker/dealers and/or custodians may be utilized if requested by the client or deemed
more appropriate by the advisor and approved by the client. Under client-directed
brokerage circumstances, however, clients are advised that their direction may hinder
Lander’s ability to achieve best execution on trades or negotiate commissions which
could be beneficial to the client.
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Termination of Agreements
Either Lander or the client may terminate an advisory service agreement at any time
by notifying the other party in writing thirty (30) days prior to the termination date.
Clients executing limited advisory service agreements (i.e., financial planning,
consulting services) are not billed in advance for services provided under these
agreements. However, terminating a limited advisory service agreement prior to the
completion of the services originally requested, will be assessed a terminal fee at the
Firm’s hourly rate based upon the time expended by the Firm or IAR up to the receipt
of a written termination notice from the client. Clients electing to utilize asset
management services are billed on a quarterly basis, based on a total annual
asset management fee as described in the Item 5 – Fees and Compensation section
below.
In addition, Lander reserves the right to terminate any advisory engagement
where a client has willfully concealed or has refused to provide pertinent information
about financial situations when necessary and appropriate, in Lander’s judgment,
to providing proper financial advice.