A. Firm Description. Financial Alternatives, Inc. (the “Registrant”) is a corporation formed on
January 16, 2001 in the State of California. The Registrant became registered as an
Investment Adviser Firm in August 1991. The Registrant is owned by shareholders: James
A. Freeman, Chief Compliance Officer/President; Christopher E. Jaccard, Chief Operating
Officer; Ellen Li, Lead Advisor, and Andrew Hoffarth, Lead Advisor.
B. Description of Services Offered. As described below, the Registrant offers to its clients
(individuals, pension and profit sharing plans, business entities, trusts, estates and
charitable organizations, etc.) investment advisory services, and, to the extent specifically
requested and agreed, wealth advisory services, which may include financial advice,
financial planning, and/or related consulting services.
INVESTMENT ADVISORY SERVICES
The client can determine to engage the Registrant to provide discretionary investment
advisory services on a fee-only basis. This involves the management and/or oversight of
assets in potentially a variety of account types (e.g. taxable, tax-deferred, tax-free) on an
ongoing basis. Before engaging Registrant to provide investment advisory services,
clients are required to enter into an Investment Advisory 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 fee that is due from the client. To commence
the investment advisory process, Registrant will ascertain each client’s investment
objective(s) and then allocate the client’s assets consistent with the client’s designated
investment objective(s). Once allocated, Registrant provides ongoing supervision of the
account(s).
Registrant’s annual investment advisory fee shall generally (exceptions can occur-see
below) 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 Registrant), 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.
Registrant typically designs and supervises diversified portfolios made up of a variety of
asset classes including US and International equities (stocks), real estate investment
trusts (REITs), and fixed income (bonds).
WEALTH ADVISORY SERVICES (STAND-ALONE)
The Registrant may determine to provide wealth advisory services, which may include
financial advice, financial planning, late-stage college funding, and/or other consulting
services (including investment and non-investment related matters, including estate
planning, retirement planning, etc.) on a stand-alone separate fee basis, to the extent
specifically requested by a client and agreed. These services may vary widely in scope,
depth, and impact.
Prior to engaging the Registrant to provide wealth advisory services (stand-alone), clients
are generally required to enter into a Wealth Advisory and Consulting Agreement (formerly
Financial Planning and Consulting Agreement) with Registrant setting forth the terms and
conditions of the engagement (including termination), describing the scope of the services
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to be provided, and the portion of the fee that is due from the client prior to Registrant
commencing services.
In cases where the Registrant has succeeded or acquired only the assets of another
registered investment advisor (“predecessor”), Registrant may assist in or provide
continued services and/or assess agreed upon fees during a transition period depending
on the client agreement and other facts and circumstances. Agreements between the
client and the predecessor may allow for assignment to the successor by positive or
negative consent of the client. The fees and services by the predecessor may vary
substantially from those typically provided by the Registrant.
Depending on the needs and circumstances of a client, the registrant may recommend the
portfolio management services of an unaffiliated Third Party Asset Manager (“TPAM”).
Generally, the client will enter into a separate agreement which describes the services,
affected accounts, and fees of the TPAM. Any fees related to such services are separate
and in addition to those of the Registrant. There may be circumstances where the TPAM
arrangement is maintained, transitioned, or replaced with services provided by another
TPAM or the Registrant.
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. Please Note: 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. Please Also Note: It remains the
client’s responsibility to promptly notify the Registrant if there is ever any change in
his/her/its financial situation or investment objectives for the purpose of
reviewing/evaluating/revising Registrant’s previous recommendations and/or services.
MISCELLANEOUS
Non-Investment Consulting/Implementation Services. To the extent requested and
agreed, the Registrant may provide consulting services regarding non-investment related
matters, such as estate planning, tax planning, retirement, etc. Neither the Registrant, nor
any of its representatives, serves as an attorney, accountant, or licensed insurance agent,
and no portion of the Registrant’s services should be construed as same. To the extent
requested by a client, the Registrant may recommend the services of other professionals
for certain non-investment implementation purposes (i.e. attorneys, accountants,
insurance, etc.). The client is under no obligation to engage the services of any such
recommended professional. The client retains absolute discretion and responsibility over
all such implementation decisions and is free to accept or reject any recommendation from
the Registrant. The client is further responsible for the monitoring and updating (to the
Registrant) of all relevant aspects of non-investment implementation (e.g. from decisions
to outcomes). Please Note: 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. Please Also Note: It
remains the client’s responsibility to promptly notify the Registrant if there is ever any
change in his/her/its financial situation or investment objectives for the purpose of
reviewing/evaluating/revising Registrant’s previous recommendations and/or services.
Private Investment Funds. Registrant may provide investment advice regarding private
investment funds. The Registrant’s role relative to the private investment funds shall be
limited to its initial and ongoing due diligence and investment monitoring services. If a
client determines to become a private fund investor, the amount of assets invested in the
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fund(s) shall be included as part of “assets under management” for purposes of Registrant
calculating its investment advisory fee. Registrant’s clients are under absolutely no
obligation to consider or make an investment in a private investment fund(s).
Please Note: Private investment funds generally involve various risk
factors, including, but not limited to, potential for complete loss of principal,
liquidity constraints and lack of transparency, a complete discussion of
which is set forth in each fund’s offering documents, which will be provided
to each client for review and consideration. Unlike other liquid investments
that a client may maintain, private investment funds do not provide daily
liquidity or pricing. Each prospective client investor will be required to
complete a Subscription Agreement, pursuant to which the client shall
establish that he/she is qualified for investment in the fund, and
acknowledges and accepts the various risk factors that are associated with
such an investment.
In the event that Registrant references private investment funds owned by the client on
any supplemental account reports prepared by Registrant, the value(s) for all private
investment funds owned by the client shall reflect the most recent valuation provided by
the fund sponsor. However, if subsequent to purchase, the fund has not provided an
updated valuation, the valuation shall reflect the initial purchase price. If subsequent to
purchase, the fund provides an updated valuation, then the statement will reflect that
updated value. The updated value will continue to be reflected on the report until the fund
provides a further updated value. Please Also Note: As result of the valuation process,
if the valuation reflects initial purchase price or an updated value subsequent to purchase
price, the current value(s) of an investor’s fund holding(s) could be significantly more or
less than the value reflected on the report. Unless otherwise indicated, Registrant shall
calculate its fee based upon the latest value provided by the fund sponsor.
Account/Asset Valuation. In the event that the Registrant references other funds or
accounts with limited data access or valuation information that are owned by the client on
any supplemental account reports prepared by the Registrant, the value(s) for all such
other funds or accounts shall reflect either the initial purchase and/or the most recent
valuation provided by the issuer/manager, program sponsor, and/or data provider. A
generally accepted or prudent valuation method may be adopted in lieu of these if deemed
more accurate. The current value(s) - to the extent ascertainable - could be significantly
more or less than the original purchase price or most recent valuation.
Retirement Plans and IRAs. If Client is: (1) a participant or beneficiary of a Retirement
Plan subject to Title I of the Employee Retirement Income Security Act (“ERISA”) or
described in section 4975(e)(1)(A) of the Internal Revenue Code (the “Code”), with
authority to direct the investment of assets in his or her Plan account or to take a
distribution; (2) the beneficial owner of an Individual Retirement Account (“IRA”) acting on
behalf of the IRA; or, ( 3) a Retail Fiduciary with respect to a plan subject to Title I of ERISA
or described in section 4975(e)(1)(A) of the Code, then the Registrant represents that it
and its investment adviser representatives are fiduciaries under ERISA or the Code, or
both, with respect to any investment advice provided by the Registrant or its investment
adviser representatives or with respect to any investment recommendations regarding a
Retirement Plan subject to ERISA or participant or beneficiary account.
Retirement Rollovers-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
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adverse tax consequences). Whether Registrant provides a recommendation as to
whether a client should engage in a rollover or not, Registrant is acting as a fiduciary 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. If
Registrant recommends that a client roll over their unmanaged retirement plan assets into
an account to be managed by Registrant, such a recommendation creates a conflict of
interest if Registrant will earn new (or increase its current) compensation as a result of the
rollover. No client is under any obligation to roll over plan assets to an account managed
by Registrant or to engage Registrant to monitor and/or manage the account while
maintained at the client’s employer.
Fiduciary Status: Per the DOL: “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. The way we
make money creates some 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 yours.”
Accordingly, relative to retirement accounts, “we must:
o Meet a professional standard of care when making investment recommendations
(give prudent advice);
o Never put our financial interests ahead of yours when making recommendations
(give loyal advice);
o Avoid misleading statements about conflicts of interest, fees, and investments;
o Follow policies and procedures designed to ensure that we give advice that is in
your best interest;
o Charge no more than is reasonable for our services; and
o Give you basic information about conflicts of interest.”
Use of Mutual and Exchange Traded Funds. Registrant utilizes mutual funds and
exchange traded funds for its client portfolios. 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).
Interval Funds/Risks and Limitations. Where appropriate, Registrant may utilize
interval funds. An interval fund is a non-traditional type of closed-end mutual fund that
periodically offers to buy back a percentage of outstanding shares from shareholders.
Investments in an interval fund involve additional risk, including lack of liquidity and
restrictions on withdrawals. During any time periods outside of the specified repurchase
offer window(s), investors will be unable to sell their shares of the interval fund. There is
no assurance that an investor will be able to tender shares when or in the amount
desired.
There can also be situations where an interval fund has a limited amount of capacity to
repurchase shares, and may not be able to fulfill all purchase orders. In addition, the
eventual sale price for the interval fund could be less than the interval fund value on the
date that the sale was requested. While an internal fund periodically offers to repurchase
a portion of its securities, there is no guarantee that investors may sell their shares at any
given time or in the desired amount. As interval funds can expose investors to liquidity
risk, investors should consider interval fund shares to be an illiquid investment. Typically,
the interval funds are not listed on any securities exchange and are not publicly traded.
Thus, there is no secondary market for the fund’s shares. Because these types of
investments involve certain additional risk, these funds will only be utilized when
consistent with a client’s investment objectives, individual situation, suitability, tolerance
for risk and liquidity needs. Investment should be avoided where an investor has a short-
term investing horizon and/or cannot bear the loss of some, or all, of the investment. There
can be no assurance that an interval fund investment will prove profitable or successful.
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In light of these enhanced risks, a client may direct Registrant, in writing, not to
employ any or all such strategies for the client’s account.
Socially Responsible Investing Limitations. Socially Responsible Investing involves
the incorporation of Environmental, Social and Governance considerations into the
investment due diligence process (“ESG”). There are potential limitations associated with
allocating a portion of an investment portfolio in ESG securities (i.e., securities that have
a mandate to avoid, when possible, investments in such products as alcohol, tobacco,
firearms, oil drilling, gambling, etc.). The number of these securities may be limited when
compared to those that do not maintain such a mandate. ESG securities could
underperform broad market indices. Investors must accept these limitations, including
potential for underperformance. Correspondingly, the number of ESG mutual funds and
exchange traded funds are few when compared to those that do not maintain such a
mandate. As with any type of investment (including any investment and/or investment
strategies recommended and/or undertaken by Registrant), there can be no assurance
that investment in ESG securities or funds will be profitable, or prove successful.
Cryptocurrency: For clients who want exposure to cryptocurrencies, including Bitcoin,
the Registrant, will advise the client to consider a potential investment in corresponding
exchange traded securities, or an allocation to separate account managers and/or private
funds that provide cryptocurrency exposure. Crypto is a digital currency that can be used
to buy goods and services, but uses an online ledger with strong cryptography (i.e., a
method of protecting information and communications through the use of codes) to secure
online transactions. Unlike conventional currencies issued by a monetary authority,
cryptocurrencies are generally not controlled or regulated and their price is determined by
the supply and demand of their market. Because cryptocurrency is currently considered
to be a speculative investment, the Registrant will not exercise discretionary authority to
purchase a cryptocurrency investment for client accounts. Rather, a client must expressly
authorize the purchase of the cryptocurrency investment. Please Note: The Registrant
does not recommend or advocate the purchase of, or investment in, cryptocurrencies.
The Registrant considers such an investment to be speculative. Please Also Note:
Clients who authorize the purchase of a cryptocurrency investment must be prepared for
the potential for liquidity constraints, extreme price volatility and complete loss of
principal.
Independent Managers. The Registrant may allocate a portion of the client’s investment
assets among unaffiliated independent investment managers 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 that Registrant
shall consider 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
investment advisory fee disclosed at Item 5 below. ANY QUESTIONS: Registrant’s Chief
Compliance Officer, James A. Freeman, remains available to address any questions that
a client or prospective client may have regarding the allocation of account assets to an
Independent Manager(s), including the specific additional fee to be charged by such
Independent Manager(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
his/her/its responsibility to promptly notify the Registrant if there is ever any change in
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his/her/its financial situation or investment objectives for the purpose of
reviewing/evaluating/revising Registrant’s previous recommendations and/or services.
Online Platforms. Registrant can also provide, for a separate fee (see Item 5 below),
account reporting services hosted by eMoney Advisor (or other online platforms), which
can incorporate client investment assets that are not part of the assets that Registrant
manages (the “Excluded Assets”). Platforms like these may provide the ability to
aggregate data such as assets, liabilities, transactions, performance, and other
information from disparate sources that may not be complete or accurate. Unless agreed
to otherwise, in writing, the client and/or his/her/its other advisors that maintain
trading authority, and not Registrant, shall be exclusively responsible for the
investment performance of the Excluded Assets. Unless also agreed to otherwise, in
writing, Registrant does not provide investment management, monitoring or
implementation services for the Excluded Assets. The client can engage Registrant to
provide investment management services for the Excluded Assets pursuant to the terms
and conditions of the Investment Advisory Agreement between Registrant and the client.
Unmanaged Accounts. Registrant may, as courtesy accommodation or for a separate
fee (see Item 5 below), include unmanaged accounts in its performance reporting. These
assets are also not part of the assets that Registrant manages (the “Excluded Assets”).
These accounts will be differentiated from managed accounts on reports with clear
notation or labeling. The data sources for these accounts may not offer reliable information
on items such as assets, liabilities, transactions, performance, so it is the client’s
responsibility to verify the accuracy and completeness of information on reports, and
promptly notify Registrant if any changes need to be made. Unless agreed to otherwise,
in writing, the client and/or his/her/its other advisors that maintain trading authority,
and not Registrant, shall be exclusively responsible for the investment performance
of the Excluded Assets. Unless also agreed to otherwise, in writing, Registrant does not
provide investment management, monitoring or implementation services for the Excluded
Assets. The client can engage Registrant to provide investment management services for
the Excluded Assets pursuant to the terms and conditions of the Investment Advisory
Agreement between Registrant and the client.
Borrowing Against Assets/Risks. A client who has a need to borrow money could
determine to do so by using:
Margin-The account custodian or broker-dealer lends money to the client. The
custodian charges the client interest for the right to borrow money, and uses the
assets in the client’s brokerage account as collateral or
Pledged Assets Loan- In consideration for a lender (i.e., a bank, etc.) to make a
loan to the client, the client pledges its investment assets held at the account
custodian as collateral.
These above-described collateralized loans are generally utilized because they typically
provide more favorable interest rates than standard commercial loans. These types of
collateralized loans can assist with a pending home purchase, permit the retirement of
more expensive debt, or enable borrowing in lieu of liquidating existing account positions
and incurring capital gains taxes. However, such loans are not without potential material
risk to the client’s investment assets. The lender (i.e. custodian, bank, etc.) will have
recourse against the client’s investment assets in the event of loan default or if the assets
fall below a certain level. For this reason, Registrant does not recommend such borrowing
unless it is for specific short-term purposes (i.e. a bridge loan to purchase a new residence).
Registrant does not recommend such borrowing for investment purposes (i.e. to invest
borrowed funds in the market). Regardless, if the client was to determine to utilize margin
or a pledged assets loan, the following economic benefits would inure to Registrant:
Financial Alternatives, Inc. | Form ADV Part 2A Page 9 of 22
by taking the loan rather than liquidating assets in the client’s account, Registrant
continues to earn a fee on such Account assets;
if the client invests any portion of the loan proceeds in an account to be managed
by Registrant, Registrant will receive an advisory fee on the invested amount; and
if Registrant’s advisory fee is based upon the higher margined account value (see
margin disclosure at Item 5 below), Registrant will earn a correspondingly higher
advisory fee. This could provide Registrant with a disincentive to encourage the
client to discontinue the use of margin.
Please Note: The client must accept the above risks and potential corresponding
consequences associated with the use of margin or pledged assets loans.
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 reviews
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. Clients nonetheless remain subject to the fees described in Item 5 below during
periods of account inactivity.
Fee Differences. Registrant shall generally price its advisory services based upon various
objective and subjective factors. As a result, our clients could pay diverse fees based upon
the type, amount and market value of their assets, the anticipated complexity of the
engagement, the anticipated level and scope of the overall investment advisory services
to be rendered, and negotiations. Additional factors affecting pricing can include related
accounts, employee accounts, competition, and negotiations. As a result of these factors,
similarly situated clients could pay diverse fees, and the services to be provided by
Registrant to any particular client could be available from other advisers at lower fees. All
clients and prospective clients should be guided accordingly. ANY QUESTIONS:
Registrant’s Chief Compliance Officer, James A. Freeman, remains available to address
any questions regarding advisory fees.
Security and Privacy. To provide client services, registrant and select third-party service
providers utilize equipment, technology, and systems that are at risk of unauthorized or
improper data access and exfiltration of client nonpublic information, data destruction, or
other exploitation or compromise. The registrant and other service providers employ
various measures to prevent such incidents, but there is no guarantee that a loss or
disruption could be prevented. A physical or cyber incident may subject the registrant,
clients, broker-dealers/custodians, market participants, and other service providers to
asset loss, reputational damage, response costs, recovery costs, and other direct or
indirect costs.
Disclosure Statement. A copy of the Registrant’s written Brochure as set forth on Part
2A of Form ADV and Form CRS (Client Relationship Summary) shall be provided to each
client prior to, or contemporaneously with, the execution of the Investment Advisory
Agreement or Wealth Advisory and Consulting Agreement (formerly Financial Planning
and Consulting Agreement). Any client who has not received a copy of Registrant’s written
Brochure at least 48 hours prior to executing the Investment Advisory Agreement or
Wealth Advisory and Consulting Agreement (formerly Financial Planning and Consulting
Agreement) shall have five business days subsequent to executing the agreement to
terminate the Registrant’s services without penalty.
C. Specificity of Services. The Registrant shall provide investment advisory services specific
to the needs of each client. Prior to providing investment advisory services, an investment
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adviser representative will establish 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 anytime, impose
reasonable restrictions, in writing, on the Registrant’s services. It is critical that clients
promptly notify the Registrant if there is any change in their financial situation or
investment objective(s).
D. Wrap-Fee Programs. The Registrant does not participate in a wrap fee program.
E. Assets Under Management. As of January 31, 2024, the Registrant had $507,074,427 in
assets under management ($503,850,004 on a discretionary basis; and $3,224,423 on a
non-discretionary basis).