Item 5 – Additional Compensation ............................................................................................................................... 21
Item 6 - Supervision ............................................................................................................................................................... 22
Part 2B of Form ADV: Brochure Supplement – Carlos D. I. Butcher .......................... 23
Item 1 – Cover Page ................................................................................................................................................................ 23
Item 2 – Educational Background and Business Experience .................................................................... 24
Item 3 – Disciplinary Information .................................................................................................................................. 24
Item 5 – Additional Compensation .............................................................................................................................. 25
Item 3 – Table of Contents
Item 6 - Supervision ............................................................................................................................................................... 25
INTRODUCTION
Birch Capital Management, LLC is a federal (SEC) Registered Investment Advisory firm
registered since February 26th, 2018. We are registered in our home state of Texas and the
state of Missouri which means we are registered to do business in these states. We may
conduct business in other states by claiming an exemption from registration. Our
registration as an Investment Adviser does not imply any level of skill or training. The oral and
written communications we provide you, including this brochure, is information you can use
to evaluate us and other advisers, which are factors in your decision to hire us or to continue
to maintain a mutually beneficial relationship. This Brochure provides information about our
qualifications and business practices.
OWNERSHIP
Barclay D. Nelson, Managing Member and Chief Compliance Officer, is the sole member and
owner of Birch Capital Management, LLC.
ADVISORY SERVICES OFFERED
Birch Capital Management, LLC is an investment advisory firm providing:
• investment management on a discretionary and non-discretionary basis, and
• wealth management (financial planning and investment management)
Our services are tailored to clients through customized investment management that
addresses specific goals, objectives, risk tolerance and preferences. Specific investments
recommended will depend on these factors.
Our service constitutes an ongoing process by which:
a) Your investment objectives, constraints and preferences are identified, monitored,
and updated.
b) Client specific strategies are developed and implemented utilizing a combination of
financial assets and techniques.
c) Capital market conditions and your circumstances are monitored.
d) Portfolio adjustments are made as appropriate to reflect significant changes to any or
all of the above relevant variables.
Portfolios can consist of individual stocks and bonds, options, mutual funds, ETF’s, limited
partnerships, and/or hedge funds. We also may provide advice on interests in partnerships or
other alternative investments.
INVESTMENT MANAGEMENT:
We provide investment management services on a discretionary basis. Our investment
management program is designed to provide individuals, trusts, foundations, and
corporations with the appropriate asset allocation, diversification, and risk characteristics
consistent with prudent portfolio management.
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On a discretionary
basis, we design, manage, monitor, and update a custom portfolio for
clients. The investments are determined based upon client investment objectives, risk
tolerance, net worth, net income, age, investment time horizon, tax situation and other
suitability factors.
On a non-discretionary basis, we perform due diligence on and recommend private real
estate managers that we may find to be appropriate for certain clients.
Custody of client accounts for both securities and funds are generally maintained at Charles
Schwab & Co, but some exceptions apply.
WEALTH MANAGEMENT:
Where appropriate and in addition to investment management, our firm provides advice in
the form of a financial plan. This service provides a tailored analysis of your current situation
and recommendations to achieve your objectives. Our financial plan service addresses any or
all of the following areas of concern:
• objectives and preferences: a clear distillation of client objectives and financial
preferences,
• current financial situation: statements of income and balance sheet and other
graphical representations of spending where appropriate,
• cash flow and expense review,
• debt review,
• emergency fund review,
• risk management review,
• retirement plan,
• education and large purchase plans,
• investment review and recommendations,
• tax review, and
• estate plan review.
Our Firm gathers required information through in-depth personal interviews. Information
gathered includes a current financial status, and future goals and attitudes towards risk.
Related documents supplied by you and a completed questionnaire are carefully reviewed
and recommendations are provided to you. We assist clients in determining final courses of
action with clients’ existing professional service providers or our own internal resources or
recommendations.
We may recommend alternative investments that may be suitable for stated investment
goals, risk tolerance, and preferences. Alternative investments can range from short-term to
long term investment vehicles that have various investment objectives including revenue
from the production of natural gas and/oil associated with those oil & gas royalty interests
acquired for the fund, real estate interests, structured notes, hedge funds, and private equity
funds, etc. Our Firm has no affiliation with the issuers. Additional information for suggested
alternative investment including a discussion of certain significant risks of investing will be
disclosed in the related Private Placement Memorandum. Qualified persons should read the
memorandum carefully before investing.
Fiduciary Statement
We are fiduciaries under the Investment Advisers Act of 1940 and when we provide
investment advice to you regarding your retirement plan account or individual retirement
account, we are also fiduciaries within the meaning of Title I of the Employee Retirement
Income Security Act, (“ERISA”) and/or the Internal Revenue Code, (“IRC”), as applicable, which
are laws governing retirement accounts.
We have to act in your best interest and not put our interest ahead of yours. At the same
time, the way we make money creates some conflicts with your interests. We must take into
consideration each client’s objectives and act in the best interests of the client. We are
prohibited from engaging in any activity that is in conflict with the interests of the client. We
have the following responsibilities when working with a client:
• To render impartial advice;
• To make appropriate recommendations based on the client’s needs, financial
circumstances, and investment objectives;
• To exercise a high degree of care and diligence to ensure that information is
presented in an accurate manner and not in a way to mislead;
• To have a reasonable basis, information, and understanding of the facts in order to
provide appropriate recommendations and representations;
• Disclose any material conflict of interest in writing; and
• Treat clients fairly and equitably.
Regulations prohibit us from:
• Employing any device, scheme, or artifice to defraud a client;
• Making any untrue statement of a material fact to a client or omitting to state a
material fact when communicating with a client;
• Engaging in any act, practice, or course of business which operates or would operate
as fraud or deceit upon a client; or
• Engaging in any manipulative act or practice with a client.
We will act with competence, dignity, integrity, and in an ethical manner, when working with
clients. We will use reasonable care and exercise independent professional judgement when
conducting investment analysis, making investment recommendations, trading, promoting
our services, and engaging in other professional activities.
ASSETS UNDER MANAGEMENT
As of December 31, 2022, Birch Capital Management, LLC had approximately $199,603,587 of
discretionary assets under management and $3,550,000 in non-discretionary assets under
management for a total of approximately $203,153,587 in total assets.
Our fees are negotiated and are levied on a percentage of assets under management basis,
or on an hourly fee basis. The fees are negotiated on a case-by-case basis and will vary. Fees
are charged by account. Compensation is payable quarterly in arrears based on average daily
market values (when available) after services have been provided and are not refundable.