A. Huber, Weakland & Associates, Inc., doing business as “HWA Financial Group” (the
“Registrant”), is a corporation formed in the State of Maryland. The Registrant became
registered as an Investment Adviser Firm in September 1999 and Philip Huber, Jr. is the
firm’s principal owner.
B.
HWA WEALTH INVESTMENT ADVISORY SERVICES
The Registrant provides discretionary investment advisory services on a fee basis. The
Registrant’s annual investment advisory fee is based upon a percentage (%) of the market
value of the assets placed under the Registrant’s management, generally between
negotiable and 1.00%.
Registrant's annual investment advisory fee shall include investment advisory services,
and, to the extent specifically requested by the client, financial planning and consulting
services. In the event that the client requires extraordinary planning and/or consultation
services (to be determined in the sole discretion of the Registrant), the Registrant may
determine to charge for such additional services, the dollar amount of which shall be set
forth in a separate written notice to the client.
HWA ASPIRE PROGRAM
When consistent with a client’s investment objectives for clients with investment accounts
possessing a market value of at least $5,000, Registrant may determine to provide portfolio
management services through its HWA Aspire program (“HWA Aspire”), an automated
investment program through which clients are invested in a range of investment strategies
that the Registrant has constructed and manages, each consisting of a portfolio of ETFs and
a cash allocation. HWA Aspire clients may instruct the Registrant to exclude up to three
ETFs from their portfolio.
To commence a HWA Aspire engagement, clients are required to enter into an Investment
Advisory Agreement with the Registrant setting forth the terms and conditions of the
engagement (including termination), describing the scope of the services to be provided,
and the fee that is due from the client. An investment adviser representative will then meet
with the client to ascertain investment objectives, risk tolerances, restrictions, and to
determine the scope of services. Once defined and agreed upon, the client’s portfolio is
held in a brokerage account opened by the client at Charles Schwab & Co., Inc.
(“CS&Co”). To operate HWA Aspire, Registrant uses the Institutional Intelligent
Portfolios® platform (“Platform”), offered by Schwab Performance Technologies
(“SPT”), a software provider to independent investment advisors and an affiliate of
CS&Co. The Registrant will allocate investment assets consistent with the client’s
designated investment objectives on a discretionary basis through the SPT Platform
generally following the parameters of one or more similarly managed investment allocation
models.
Registrant is independent of and not owned by, affiliated with, or sponsored or supervised
by SPT, CS&Co., or their affiliates (together, “Schwab”). Registrant, and not Schwab, is
the client’s investment adviser and primary point of contact with respect to HWA Aspire.
As between Registrant and Schwab, Registrant is solely responsible, and Schwab is not
responsible, for determining the appropriateness of the Program for the client, choosing a
suitable investment strategy and portfolio for the client’s investment needs and goals, and
managing that portfolio on an ongoing basis. Registrant has contracted with SPT to provide
Registrant with the Platform, which consists of technology and related trading and account
management services for HWA Aspire. The Platform enables Registrant to make HWA
Aspire available to clients online and includes a system that automates certain key parts of
our investment process (the “System”). The System includes an online questionnaire that
helps Registrant determine the client’s investment objectives and risk tolerance and select
an appropriate investment strategy and portfolio. Clients should note that Registrant will
recommend a portfolio via the System in response to the client’s answers to the online
questionnaire. The client may then indicate an interest in a portfolio that is one level less
or more conservative or aggressive than the recommended portfolio, but Registrant then
makes the final decision and selects a portfolio based on all the information is has about
the client. The System also includes an automated investment engine through which
Registrant manages the client’s portfolio on an ongoing basis through automatic
rebalancing and tax-loss harvesting (if the client is eligible and elects).
Registrant charges clients a fee for its services as described below under Item 5, Fees and
Compensation. Registrant’s fees are not set or supervised by Schwab. Clients do not pay
brokerage commissions or any other fees to CS&Co. as part of HWA Aspire. Schwab does
receive other revenues in connection with the Program, which are described below under
Item 5, Fees and Compensation.
Registrant does not pay SPT fees for the Platform. This arrangement presents a conflict of
interest, as it provides an incentive for Registrant to recommend that clients maintain their
accounts at CS&Co. Notwithstanding, Registrant may generally recommend to its clients
that investment management accounts be maintained at CS&Co based on the
considerations discussed in Item 12 below, which mitigates this conflict of interest.
Registrant’s Chief Compliance Officer remains available to address any questions that a
client or prospective client may have regarding the above conflict of interest.
Clients enrolled in the HWA Aspire Program are limited in the universe of investment
options available to them. Registrant’s fee may be higher (or lower) than those charged by
other investment advisers offering similar services.
Rebalancing. The System will rebalance a client’s account periodically by generating
instructions to CS&Co to buy and sell shares of ETFs and depositing or withdrawing funds
through the “Sweep Program”, considering the asset allocation for the client’s investment
strategy. Rebalancing trade instructions can be generated by the System when (i) the
percentage allocation of an ETF varies by a set parameter established by Registrant,
(ii) Registrant decides to change the ETFs or their percentage allocations for an investment
strategy or (iii) Registrant decides to change a client’s investment strategy, which could
occur, for example, when a client makes changes to their investment profile or imposes or
modifies restrictions on the management of their account. Accounts below $5,000 may
deviate farther than the set parameters as well as the target allocation of the selected
investment profile. Rebalancing does not occur in accounts below $5,000. If the account
value does not allow the System to buy at least one share of an ETF the entire asset class
may be eliminated. For example, withdrawal requests may require entire asset classes to
be liquidated to generate and disburse the requested cash. Please Note: Clients unable to
satisfy the target allocation parameters of the HWA Aspire program will be placed in a
different investment strategy in accordance with the client’s investment goals and
objectives.
Sweep Program. Each investment strategy involves a cash allocation (“Cash Allocation”)
that will be held in a sweep program at Charles Schwab Bank (the “Sweep Program”). The
Cash Allocation will be a minimum of 4% of an account’s value to be held in cash, and
may be higher, depending on the investment strategy chosen for a client. The Cash
Allocation will be accomplished through enrollment in the Sweep Program, a program
sponsored by CS&Co. By enrolling in Registrant, clients consent to having the free credit
balances in their brokerage accounts at CS&Co swept into deposit accounts (“Deposit
Accounts”) at Charles Schwab Bank (“Schwab Bank”) through the Sweep Program.
Schwab Bank is an FDIC-insured depository institution that is a Schwab affiliate. The
Sweep Program is a required feature of Registrant. If the Deposit Account balances exceed
the Cash Allocation for a client’s investment strategy, the excess over the rebalancing
parameter will be used to purchase securities as part of rebalancing. If clients request cash
withdrawals from their accounts, this likely will require the sale of ETF positions in their
accounts to bring their Cash Allocation in line with the target allocation for their chosen
investment strategy. If those clients have taxable accounts, those sales may generate capital
gains (or losses) for tax purposes. In accordance with an agreement with CS&Co, Schwab
Bank has agreed to pay an interest rate to depositors participating in the Sweep Program
that will be determined by reference to an index.
Please Note: Conflict of Interest: This fee arrangement presents a conflict of interest, as it
provides an incentive for the Registrant to recommend that clients with accounts not
enrolled in the Schwab Online Program be maintained with Schwab. Notwithstanding, the
Registrant generally recommends to its clients that investment management accounts be
maintained at Schwab, which mitigates this conflict of interest. Please refer to Item 12
below with respect to this general recommendation.
FINANCIAL PLANNING SERVICES (STAND-ALONE)
The Registrant may be engaged to provide financial planning services (including
investment and non-investment related matters, including estate planning, insurance
planning, etc.) on a stand-alone separate fee basis. Registrant’s planning fees are
negotiable, but generally range from $150 to $250 on an hourly rate basis, depending upon
the level and scope of the service(s) required and the professional(s) rendering the
service(s). Prior to engaging the Registrant to provide planning services, clients are
generally required to enter into a Financial Planning Agreement with Registrant setting
forth the terms and conditions of the engagement (including termination), describing the
scope of the services to be provided, and the portion of the fee that is due from the client
prior to Registrant commencing services. If requested by the client, Registrant may
recommend the services of other professionals for implementation purposes. 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 the Registrant. If the client engages any such
recommended professional, and a dispute arises thereafter relative to such engagement, the
client agrees to seek recourse exclusively from and against the engaged professional.
It shall remain the client’s responsibility to promptly notify the Registrant if there is ever
any change in their financial situation or investment objectives for the purpose of
reviewing, evaluating or revising Registrant’s previous recommendations and/or services.
INVESTMENT CONSULTING SERVICES
Registrant provides investment consulting services on assets which fall outside the
definition of “regulatory assets under management” (AUM). Through this service the
Registrant may provide investment recommendations to the client. However, the client
shall make the ultimate portfolio decisions.
Each investment consulting engagement is unique. Prior to engaging the Registrant to
provide consulting services, clients are generally required to enter into a Investment
Consulting Agreement with Registrant setting forth the terms, conditions, and services of
the engagement.
RETIREMENT PLAN SERVICES
The Registrant also provides retirement plan services to sponsors of self-directed
retirement plans and defined benefit plans organized under the Employee Retirement
Security Act of 1974 (“ERISA”). The Registrant performs these services in an ERISA
Section 3(21) capacity, by assisting with the development of investment policy
statements, and then the selection and monitoring of investment alternatives from which
plan participants may choose in self-directing the investments for their individual plan
retirement accounts. Upon request by the plan sponsor, Registrant may also provide
participant education designed to assist participants in identifying the appropriate
investment strategy for their retirement plan accounts. The terms and conditions of the
engagement between the Registrant and the plan sponsor will be set forth in a Retirement
Plan Services Agreement.
MISCELLANEOUS
Limitations of Financial Planning and Non-Investment Consulting/Implementation
Services. As indicated above, to the extent requested by a client, we may provide financial
planning and related consulting services regarding non-investment related matters, such as
estate planning, tax planning, insurance, etc. The Registrant does not serve as an attorney,
accountant and no portion of our services should be construed as legal or accounting
services. Accordingly, we do not prepare estate planning documents or tax returns. To the
extent requested by a client, we may recommend the services of other professionals for
certain non-investment implementation purpose (i.e. attorneys, accountants, insurance,
etc.). Clients are reminded that they are 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 made by
Registrant or its representatives. Please Note: If the client engages any unaffiliated
recommended professional, and a dispute arises thereafter relative to such engagement, the
client agrees to seek recourse exclusively from and against the engaged professional.
Retirement Plan Rollovers – No Obligation / Potential for Conflict of Interest: A client
or prospective client leaving an employer typically has four options regarding an existing
retirement plan (and may engage in a combination of these options): (i) leave the money in
the former employer’s plan, if permitted, (ii) roll over the assets to the new employer’s
plan, if one is available and rollovers are permitted, (iii) roll over to an Individual
Retirement Account (“IRA”), or (iv) cash out the account value (which could, depending
upon the client’s age, result in adverse tax consequences). If the Registrant recommends
that a client roll over their retirement plan assets into an account to be managed by the
Registrant, such a recommendation creates a conflict of interest if the Registrant will earn
an advisory fee on the rolled over assets. No client is under any obligation to roll over
retirement plan assets to an account managed by Registrant.
Use of Mutual and Exchange Traded Funds: Most mutual funds and exchange traded
funds are available directly to the public. Thus, a prospective client can obtain many of the
funds that may be utilized by Registrant independent of engaging Registrant as an
investment advisor. However, if a prospective client determines to do so, he/she will not
receive the Registrant’s initial and ongoing investment advisory services.
In addition to Registrant’s investment advisory fee described below, and transaction and/or
custodial fees discussed below, clients will also incur, relative to all mutual fund and
exchange traded fund purchases, charges imposed at the fund level (e.g. management fees
and other fund expenses).
Independent Managers. Registrant may allocate (and/or recommend that the client
allocate) a portion of a client’s investment assets among unaffiliated independent
investment managers (“Independent Manager(s)”) in accordance with the client’s
designated investment objective(s). In such situations, the Independent Manager(s) shall
have day-to-day responsibility for the active discretionary management of the allocated
assets. Registrant shall continue to render investment supervisory services to the client
relative to the ongoing monitoring and review of account performance, asset allocation and
client investment objectives. Factors considered in recommending Independent
Manager(s) include the client’s designated investment objective(s), management style,
performance, reputation, financial strength, reporting, pricing, and research. Please Note:
The investment management fee charged by the Independent Manager(s) is separate from,
and in addition to, Registrant’s advisory fee as set forth in the fee schedule at Item 5 below
and which will be disclosed to the client before entering into the Independent Manager
engagement and/or subject to the terms and conditions of a separate agreement between
the client and the Independent Manager(s). Please Also Note: If an Independent Manager
is selected, Registrant and client will work together to determine if asset-based pricing or
transactional pricing is most appropriate.
Recommendation of Unaffiliated Sub-Managers. The Registrant may recommend the
use of a broker/dealer Sub-Manager relationship. The broker/dealer Sub-Managers are
dually registered as both a broker/dealers and investment advisors. To the extent engaged,
broker/dealer Sub-Managers manage client assets on a commission basis. Through such an
arrangement, the client will open a commission-only account where the broker/dealer Sub-
Manager manages a pre-determined portion of the client’s assets on a discretionary basis
using investment strategies and methods of the broker/dealer Sub-Manager. The Registrant
does not receive any portion of the commissions and trading expenses charged by the
broker/dealer Sub-Manager. All commissions and other charges are retained entirely by
the broker/dealer Sub-Manager.
Please Note: The fees charged by the broker/dealer Sub-Manager are separate from, and
in addition to, Registrant’s advisory fee as set forth in the fee schedule at Item 5 below and
which will be disclosed to the client before entering into the engagement with the
broker/dealer Sub-Manager and/or subject to the terms and conditions of a separate
agreement between the client and the broker/dealer Sub-Manager.
Please Note: Clients that choose to engage a broker/dealer Sub-Manager must understand
that the arrangement is different from a third-party investment manager acting as an
independent manager and/or sub-advisor. Broker/dealers are not held to the same fiduciary
standard as an investment advisor. Therefore, a broker/dealer does not have a fiduciary
duty to always act in the best interests of its clients. Broker/dealers are held to a
“suitability” standard which requires them to recommend investments suitable to the client.
As the broker/dealer Sub-Manager relationship typically recommended by the Registrant
will provide the broker/dealer Sub-Manager with discretionary authority over client’s
assets the broker/dealer Sub-Manager has a conflict of interest because the broker/dealer
receives a commission for every transaction in the account. Therefore, the broker/dealer
could implement trades based on economic interests and not the investment interests of the
client.
Portfolio Activity. Registrant has a fiduciary duty to provide services consistent with the
client’s best interest. As part of its investment advisory services, Registrant will review
client portfolios on an ongoing basis to determine if any changes are necessary based upon
various factors, including, but not limited to, investment performance, fund manager
tenure, style drift, account additions/withdrawals, and/or a change in the client’s
investment objective. Based upon these factors, there may be extended periods of time
when Registrant determines that changes to a client’s portfolio are neither necessary nor
prudent. Of course, as indicated below, there can be no assurance that investment decisions
made by Registrant will be profitable or equal any specific performance level(s).
Client Obligations. In performing its services, Registrant shall not be required to verify
any information received from the client or from the client’s other professionals, and is
expressly authorized to rely thereon. Moreover, each client is advised that it remains their
responsibility to promptly notify the Registrant if there is ever any change in their financial
situation or investment objectives for the purpose of reviewing, evaluating or revising
Registrant’s previous recommendations and/or services.
Disclosure Statement. A copy of the Registrant’s written Brochure as set forth on Part 2A
of Form ADV shall be provided to each client prior to, or contemporaneously with, the
execution of the Investment Advisory Agreement, Financial Planning Agreement,
Investment Consulting Agreement, or the Retirement Plan Services Agreement.
C. The Registrant 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, the
Registrant shall allocate and/or recommend that the client allocate investment assets
consistent with the designated investment objective(s). The client may, at any time, impose
reasonable restrictions, in writing, on the Registrant’s services.
D. The Registrant does not participate in a wrap fee program.
E. As of December 31, 2023, the Registrant had $218,673,282 in assets under management
on a discretionary basis.