A. Ownership/Advisory History
Prevail Innovative Wealth Advisors, LLC (“Prevail IWA,” the “firm,” “we,” or “us”) is a Missouri
limited liability company registered with the Securities and Exchange Commission (“SEC”) as an
investment adviser. Our principal owners are Kerry Lawing (CEO), Andrew Stafford (CCO and
President) and Brad Lawing (Vice President). Prevail IWA became registered as an investment
adviser in 2017.
B. Advisory Services Offered
Our advisory services are always provided based on your individual needs. This means, for
example, that when we provide asset management services, you are given the ability to impose
restrictions on the accounts we manage for you, including specific investment selections and
sectors. We work with you on a one-on-one basis through interviews and questionnaires to
determine your investment objectives and suitability information.
We will not enter into a relationship with a prospective client whose investment objectives may
be considered incompatible with our investment philosophy or strategies or where the
prospective client seeks to impose unduly restrictive investment guidelines.
We offer the following primary advisory services:
Asset Management & Allocation Program Services
We offer asset management services under which we provide you with continuous and ongoing
supervision over your investment advisory account(s) you have with us (the “Accounts”).
We manage your Account based on your financial situation, investment objectives and risk
tolerance. We actively monitor the Account and provide advice regarding buying, selling,
reinvesting, or holding securities, cash, or other investments of the Account. By focusing on each
investor’s specific risk tolerance, the investment management process yields a personal solution
for an individual’s needs. For our discretionary asset management services, we receive a limited
power of attorney to effect securities transactions on behalf of clients that include securities and
strategies described in Item 8 of this brochure.
We obtain information from you to determine your financial situation and investment objectives.
Based upon your needs, we will create and manage a portfolio for your account. We are
reasonably available to consult with you about your account. You have the ability to impose
reasonable restrictions on the management of your Accounts, including the ability to instruct us
not to purchase certain securities.
Our Investment Committee meets at least quarterly to evaluate and manage our risk-based
portfolio strategies, ranging from very conservative to aggressive.
Clients have the right to provide the firm with any reasonable investment restrictions that should
be imposed on the management of their portfolio (must be in writing and sent to the firm), and
should promptly notify the firm in writing of any changes in such restrictions or in the client's
personal financial circumstances, investment objectives, goals and tolerance for risk. We will
remind clients of their obligation to inform the firm of any such changes or any restrictions that
should be imposed on the management of the client’s account. We will also contact clients at
least annually to determine whether there have been any changes in a client's personal financial
circumstances, investment objectives and tolerance for risk.
Variable Sub-Account Management Services
Under our Variable Insurance sub-account management services, we manage your variable
annuity or variable life contract by selecting, monitoring, and exchanging as necessary between
sub-accounts available from the insurance company issuing the variable annuity or variable life
contract (the “Sub-Accounts”). Our advice is limited to the available investment options
authorized by the insurance carrier.
Under this program, we assist you in completing a questionnaire which details your financial
goals, risk tolerance, and time horizon for the Sub-Accounts. In your investment advisory
agreement with us, you may identify any reasonable restrictions on the Sub-Accounts. You will
be responsible for notifying us of any updates regarding your financial situation, risk tolerance,
or investment objective and whether you wish to impose or modify existing investment
restrictions; and we will contact you at least annually to discuss any changes or updates
regarding your financial situation, risk tolerance or investment objectives.
Once you have provided us with the necessary information and made the appropriate
authorizations, we utilize the trading authority you grant us to place transactions as you direct.
We may utilize signal providers for guidance regarding investment strategies, asset allocations
and timing of exchanges. A signal provider is a firm that provides guidance on investment
strategies, asset allocations, and appropriate timing for buy and sell transactions. Prevail IWA
reviews, approves, and implements transactions based upon the signals provided. We will
monitor your Sub-Accounts and exchange Sub-Accounts as necessary and in accordance with
your investment objective and risk tolerance.
Financial Consulting Services
We provide financial consulting services to advisory clients who are receiving our Asset
Management & Allocation Program Services. If a client is currently receiving our asset
management services, we do not charge a separate fee for financial consulting services. We do
not offer standalone financial planning or consulting services for a separate fee.
Financial consulting services are limited to consultations in response to a particular investment
or financial issue, such as Investment Planning, Retirement Planning, Insurance Planning, Tax
Planning, Education Planning, Portfolios Review and Asset Allocation. We do not prepare written
financial plans as part of our financial consulting services.
Retirement Plan Services
We offer retirement plan services to retirement plan sponsors and to individual participants in
retirement plans. For a corporate sponsor of a retirement plan, our retirement plan services may
include the following services:
Fiduciary Management Services
We provide plan sponsors with the following Fiduciary Retirement Plan Management Services:
▪ Discretionary Management Services. We will provide plan sponsors with continuous and
ongoing supervision over the retirement plan assets. We will actively monitor the
retirement plan assets and provide advice regarding buying, selling, reinvesting or
holding securities, cash or other investments of the Plan. We have discretionary authority
to make all decisions to buy, sell or hold securities, cash or other investments for the
retirement plan assets in our sole discretion without first consulting with the plan
sponsor. We also have the power and authority to carry out these decisions by giving
instructions, on the plan sponsor’s behalf, to brokers and dealers and the qualified
custodian(s) of the Plan.
▪ Discretionary Investment Selection Services. We will monitor the Plan’s investment
options and add or remove investment options. We will have discretionary authority to
make all decisions regarding the investment options that will be made available to Plan
participants.
▪ Default Investment Alternative Management. We will develop and actively manage
qualified default investment alternative(s) (“QDIA”), as defined in DOL Reg. §2550.404c-
5(e)(4)(i), for participants who are automatically enrolled in the Plan or who otherwise fail
to make an investment election.
If you elect to utilize any of our Fiduciary Management Services, then we will be acting as an
Investment Manager to the Plan, as defined by section 3(38) of the Employee Retirement
Income Security Act of 1974 (“ERISA”), with respect to our Fiduciary Management Services, and
we hereby acknowledge that we are a fiduciary with respect to our Fiduciary Management
Services.
Fiduciary Consulting Services
We also provide plan sponsors with general, non-discretionary investment advice regarding
assets classes and investment options, consistent with your Plan’s investment policy statement.
For Fiduciary Consulting Services, all recommendations of investment options and portfolios
will be submitted to the plan sponsor for its ultimate approval or rejection. For retirement plan
Fiduciary Consulting Services, the retirement plan sponsor or the plan participant who elects
to implement any recommendations we make is solely responsible for implementing all
transactions available from the limited investment options available in the plan.
Fiduciary Consulting Services are not management services and we do not serve as an
administrator or trustee of the plan, nor do we act as the custodian for any Plan account or
have access to client funds or securities (except where we receive authorization from the client
to deduct our fees).
We acknowledge that in performing the Fiduciary Consulting Services described above that we
are acting as a “fiduciary” as defined in ERISA §3(21)(A)(ii) for purposes of providing non-
discretionary investment advice only. We will act in a manner
consistent with the requirements
of a fiduciary under ERISA if, based upon the facts and circumstances, such services cause us
to be a fiduciary as a matter of law. However, in providing the Fiduciary Consulting Services,
we (a) have no responsibility and will not (i) exercise any discretionary authority or
discretionary control respecting the management of a retirement plan, (ii) exercise any
authority or control respecting the management or disposition of Plan assets, or (iii) have any
discretionary authority or discretionary responsibility in the administration of the retirement
plan or the interpretation of the retirement plan documents, (b) are not an “investment
manager” as defined in ERISA §3(38) and do not have the power to manage, acquire or
dispose of any plan assets, and (c) is not an “Administrator” of retirement plans, as defined in
ERISA.
Securities and other types of investments all bear different types and levels of risk. Those risks
are typically discussed with clients in defining the investment policies and objectives that will
guide investment decisions for their qualified plan accounts. Upon request, as part of our
retirement plan services, we can discuss those investments and investment strategies that we
believe may tend to reduce these risks for a particular client’s circumstances and plan
participants.
Clients and plan participants must realize that obtaining higher rates of return on investments
entails accepting higher levels of risk. Based upon discussions with the plan sponsor, we will
attempt to identify the balance of risks and rewards that is appropriate and comfortable for
the plan sponsor and the plan participants. It is still the plan sponsor’s and participant’s
responsibility to ask questions if they do not fully understand the risks associated with any
investment. All plan participants are strongly encouraged to read prospectuses, when
applicable, and ask questions prior to investing.
Retirement Plan Rollover Recommendations
When we provide investment advice about your retirement plan account or individual
retirement account (“IRA”) including whether to maintain investments and/or proceeds in the
retirement plan account, roll over such investment/proceeds from the retirement plan account
to a IRA or make a distribution from the retirement plan account, we acknowledge that we are
a “fiduciary” within the meaning of ERISA Title I and/or the Internal Revenue Code (“IRC”) as
applicable, which are laws governing retirement accounts. The way we make money creates
conflicts with your interests so we operate under a special rule that requires us to act in your
best interest and not put our interest ahead of you.
Under this special rule’s provisions, we must:
▪ Meet a professional standard of care when making investment recommendations (e.g.,
give prudent advice);
▪ Never put our financial interests ahead of you when making recommendations (e.g., give
loyal advice);
▪ Avoid misleading statements about conflicts of interest, fees, and investments;
▪ Follow policies and procedures designed to ensure that we give advice that is in your
best interest;
▪ Charge no more than is reasonable for our services; and
▪ Give client basic information about conflicts of interest.
To the extent we recommend you roll over your account from a current retirement plan
account to an IRA we manage, please know that we and our investment adviser
representatives have a conflict of interest.
We can earn increased investment advisory fees by recommending that you roll over your
account at the retirement plan to an IRA we manage. We will earn fewer investment advisory
fees if you do not roll over the funds in the retirement plan to an IRA we manage.
Thus, our investment adviser representatives have an economic incentive to recommend a
rollover of funds from a retirement plan to an IRA, which is a conflict of interest because our
recommendation that you open an IRA account with us can be based on our economic
incentive and not based exclusively on whether or not moving the IRA to our management
program is in your overall best interest.
We have taken steps to manage this conflict of interest. We have adopted an impartial
conduct standard whereby our investment adviser representatives will (i) provide investment
advice to a retirement plan participant regarding a rollover of funds from the retirement plan
in accordance with our fiduciary status, (ii) not recommend investments which result in us
receiving unreasonable compensation related to the rollover of funds from the retirement plan
to an IRA, and (iii) fully disclose compensation we and our personnel receive and any material
conflicts of interest related to recommending the rollover of funds from the retirement plan to
an IRA, and refrain from making any materially misleading statements regarding such rollover.
When providing advice to your regarding a retirement plan account or IRA, our investment
advisor representatives will act with the care, skill, prudence, and diligence under the
circumstances then prevailing that a prudent person acting in a like capacity and familiar with
such matters would use in the conduct of an enterprise of a like character and with like aims,
based on the investment objectives, risk, tolerance, financial circumstances, and a client’s
needs, without regard to the financial or other interests of Prevail IWA or our affiliated
personnel.
Newsletters
We occasionally prepare general, educational, and informational newsletters. Newsletters are
always offered on an impersonal basis and do not focus on the needs of a specific individual.
Newsletters are provided to plan sponsor clients and prospective clients free of charge.
Seminars
We may occasionally provide seminars in areas such as investment planning, retirement
planning, college planning, and charitable planning. Seminars are always offered on an
impersonal basis and do not focus on the individual needs of participants. No fees are charged
for seminars.
eMoney Advisors
We utilize eMoney Advisors, a web-based financial and wealth planning system. Clients electing
to use eMoney can select from a variety of available programs, including:
▪ Planning Center (allowing unlimited scenario planning);
▪ Retirement Income Tool;
▪ Vault (storage for client documents such as wills, insurance policies, etc.);
▪ Financial Connections (allowing aggregation of multiple accounts with daily updating of
linked accounts); and
▪ Alerts to upcoming deadlines and important events.
If you elect to use eMoney, you are required to provide us the information and documentation
to be downloaded and/or input into the eMoney system. You will be provided with a unique
username and password and will be able to monitor your portfolio performance, view balances,
run “what if’’ scenarios, and store/view important papers and documents.
No fees will be charged for eMoney services.
Administrative Services Provided by Orion Advisor Services, LLC
We have contracted with Orion Advisor Services, LLC (“Orion”) to utilize its technology platforms
to support data management billing, client support, compliance, trading, and performance
overview related to the administrative tasks of managing client accounts. Under this
arrangement, Orion will have access to client Accounts, but Orion will not serve as an investment
advisor to our clients. Prevail IWA and Orion are not affiliated companies.
C. Client-Tailored Services and Client-Imposed Restrictions
Each client’s account will be managed on the basis of the client’s financial situation and
investment objectives and in accordance with any reasonable restrictions imposed by the client
on the management of the account—for example, restricting the type or amount of security to
be purchased in the portfolio.
D. Wrap Fee Programs
Our Asset Management and Allocation Program Services are provided exclusively on a wrap fee
basis as a wrap program sponsor. Under our wrap program, you will receive investment advisory
services and the execution of securities brokerage transactions for a single specified fee. If
engaged for Family Office Services, investment management is included in the wrap program
based on a fixed negotiated rate, not an asset-based fee.
Participation in a wrap program may cost you more or less than purchasing such services
separately. We adhere to our fiduciary duty when trading in your accounts. Trades are made
only on the basis of the account’s stated investment objectives, and without concern to the
firm’s trading costs and firm’s expenses that trading the accounts will create.
Please refer to Appendix 1 of Part 2A: Prevail Innovative Wealth Advisors, LLC Wrap Fee Program
Brochure. In addition, please see Item 5.E. of this Brochure for important disclosure regarding
custodian investment programs.
E. Client Assets Under Management
As of December 31, 2023, we had a total of $379,732,335 in assets under management, of which
$367,605,451 was managed on a discretionary basis and $12,126,884 was managed on a non-
discretionary basis.