4a: Firm Description
ForUsAll was established in November 2012 and is a wholly owned subsidiary of
ForUsAll, Inc. (“FUA Inc.”), a privately held company backed by venture capital
funding. Additional information about ForUsAll’s structure, officers and investors
is provided on Part 1 of ForUsAll’s Form ADV which is available online at
http://www.advisorinfo.sec.gov or at
http://www.forusall.com.
ForUsAll’s main office is located in San Francisco, California. Justin David
Ramirez (David Ramirez) is the Chief Compliance Officer and the Chief
Investment Officer; he may be contacted by email at
[email protected] or by telephone at (408) 577-3486.
4b: Types of Advisory Services
Overview of Advisory Services
ForUsAll provides investment advisory and retirement plan consulting services to
employer-sponsored qualified retirement savings plans (“Retirement Plans”), their
sponsors (“Plan Sponsors”) and participants (“Participants”). ForUsAll’s services
are provided to such Retirement Plans, Plan Sponsors and Participants as a
component of a bundled service offering made available by FUA Inc.
Retirement Plan Services
As a component of the bundled service offering made available by FUA Inc. to
Retirement Plans and Plan Sponsors, ForUsAll offers consulting and advisory
services for Retirement Plans that are designed to assist Plan Sponsors in meeting
their obligations (“Retirement Plan Services”), including with respect to selecting
investment options available to Participants under the Retirement Plans.
ForUsAll also provides investment education to Participants in a group setting,
and also provides investment advice directly to Participants.
As part of the Retirement Plan Services, ForUsAll also assists FUA Inc. in
providing non-advisory, administrative services, including by assisting Plan
Sponsors with the enrollment of Participants into the Retirement Plan.
ForUsAll’s Retirement Plan Services may include the provision of services that
constitute fiduciary services under the Employee Retirement Income Security Act
of 1974, as amended (“ERISA”), and services that are not fiduciary in nature.
When providing ERISA fiduciary services, ForUsAll performs those services to
the Retirement Plan as a fiduciary under ERISA Sections 3(16), 3(21)(A) or
3(38)(B), as applicable to the specific relationship, and acts in good faith and with
the degree of diligence, care and skill that a prudent person rendering similar
service would exercise under similar circumstances.
ForUsAll offers the following Retirement Plan Services:
● Plan Sponsor –ERISA (3)(38) Fiduciary Services
● ForUsAll provides discretionary investment advice to Plan Sponsors about
investment alternatives available for the Retirement Plan in accordance
with the Retirement Plan’s investment policies and objectives, under which
ForUsAll selects and monitors the Retirement Plan’s investment
alternatives. For some Retirement Plans, in some cases ForUsAll has the
final decision-making authority regarding the selection, retention, and
removal of investment options.
● ForUsAll selects for certain Retirement Plans a qualified default investment
alternative (“QDIA”) (as defined in U.S. Department of Labor (“DOL”)
regulations under ERISA Section 404(c)(5)) in which assets of Participants
who fail to make an investment election will be invested.
● ForUsAll creates, in consultation with the Plan Sponsor, an Investment
Policy Statement (“IPS”) for each Retirement Plan that establishes the
investment policies and objectives for the Retirement Plan, and that sets
forth the asset classes and investment categories to be offered under the
Retirement Plan, as well as the criteria and standards for selecting and
monitoring the investments.
● Plan Sponsor – ERISA 3(21) Fiduciary Services
● ForUsAll provides non-discretionary investment advice to certain Plan
Sponsors about investment alternatives available for the Retirement Plan in
accordance with the Retirement Plan’s investment policies and objectives.
In such capacity, ForUsAll will provide advice and monitoring services
regarding the investment alternatives available; however, the Plan Sponsor
will make the final decision regarding the initial selection, retention, and
removal of investment options for Participants.
● ForUsAll assists in the development of an IPS for the Retirement Plan.
The Plan Sponsor has the ultimate responsibility and authority to establish
and to adopt the IPS.
● Plan Sponsor –Service as ERISA Section 3(16) and Internal Revenue Code
Section 414(g) Plan Administrator
● When a Retirement Plan elects to receive these services, FUA Inc. or its
designee will serve as the Retirement Plan’s plan administrator under
ERISA 3(16) and Code Section 414(g).
● A Retirement Plan also may elect to engage FUA Inc. or ForUsAll to
provide other Retirement Plan Services. A full listing of the Plan
Administrator and other services to be covered will be included in Schedule
A of each Retirement Plan client’s Plan Services Agreement.”
● Plan Participant – ERISA Fiduciary Services
● Participants that use the retirement communication modules (“users”)
made available through the bundled service offering who have indicated
acceptance of the Terms of Use, which includes links to this Form ADV
Part 2, our Form ADV Part 3 (Form CRS), our Privacy Practices, and our
Methodology
and Sources will become clients of ForUsAll. ForUsAll will
provide these Participant clients with non-discretionary investment advice
concerning the appropriateness of target date funds. In each case, the Plan
Participant makes all final investment decisions.
● ForUsAll also provides investment advice to individual Participants
through one-on-one consultations or group education.
● Plan Sponsor – ERISA Non-Fiduciary Services
As a part of the bundled Retirement Plan Services, ForUsAll assists FUA Inc.
in providing the following non-fiduciary services. ForUsAll will generally not
be acting as an ERISA fiduciary in assisting in the provision of such services.
o Assisting Retirement Plan with governance and committee education by
reviewing Retirement Plan documents, procedures, participant education
and communications (including ERISA 404(c) requirements), and notices
to assist in compliance with ERISA regulations and industry best practices.
o Assisting Plan Sponsors in the performance of their duties by creating an
online repository to store and organize key Retirement Plan and fiduciary
documents.
o Assisting in the education of the Participants about general investing
principles and the investment alternatives available under the Retirement
Plan in accordance with DOL rules.
o Assisting Plan Sponsors with Retirement Plan enrollment through
communication campaigns that explain the benefits of the Retirement Plan.
Assisting Plan Sponsors in selecting and monitoring providers of
recordkeeping, trust and custodial services to the Retirement Plan.
o Assisting Plan Sponsors in designing key provisions of their Retirement
Plan, including but not limited to, default enrollment strategies, company
match formulas, vesting schedules and eligibility criteria.
● Plan Participant – ERISA Non-Fiduciary Services
As a part of the bundled Retirement Plan Services, ForUsAll assists FUA Inc.
in providing the following non-fiduciary services to Participants. ForUsAll will
generally not be acting as an ERISA fiduciary in assisting in the provision of
such services.
● Educating Participants and other eligible employees about various features
of the Retirement Plan.
● Assisting eligible employees with enrollment in their Retirement Plan.
● Assisting Participants with adjustments in their Retirement Plan deferral
rates.
In addition to providing investment advisory services to Retirement Plans,
Plan Sponsors and Participants, ForUsAll also provides general educational
content about Retirement Plan features and Retirement Plan investments.
ForUsAll delivers its general educational and advice content through a series
of interactive web-based conversations or modules (“Modules”). Links to the
Terms of Use, Privacy Practices and ForUsAll’s Form ADV Part 2 and ADV
Part 3 (Form CRS) are included above the disclosure frame of all ForUsAll
advice Modules.
ForUs 401(k) – Retirement Plan Services
ForUsAll provides ERISA (3)(38) Fiduciary Services as described above to the
ForUs 401(k), a Multiple Employer Plan that was formed by FUA Inc., the ForUs
401(k)’s Principal Sponsor. As the Principal Sponsor to the ForUs 401(k), FUA
Inc. is responsible for administrative decisions related to the ForUs 401(k).
Each employer who adopts the ForUs 401(k) (“Adopting Sponsor”) will execute a
Joinder Agreement with FUA Inc. (“Joinder Agreement”), which details the
ERISA services that will be performed by FUA Inc. or ForUsAll with respect to
the Adopting Sponsor and their employees who participate in the ForUs 401(k)
“Participants”.
Pursuant to the Joinder Agreement, Adopting Sponsors retain ForUsAll to
provide fiduciary and investment advisory services with respect to the ForUs
401(k). ForUsAll, in its discretion, will select investment alternatives to be made
available to Participants in accordance with the ForUs 401(k)’s investment
policies and objectives, including a QDIA (as defined DOL) regulations under
ERISA Section 404(c)(5)), for Participants who fail to make an investment
election. ForUsAll will monitor the ForUs 401(k)’s investment alternatives and
exercise discretion regarding the retention or removal and replacement of
investment options in the ForUs 401(k).
Alt401(k) Plan
ForUsAll provides certain non-advisory services to FUA Inc. in connection with
FUA Inc.’s offering of a Digital Asset Window service to the participants in the
retirement plans participating in FUA Inc.’s Alt401(k) offering, including selecting
and monitoring certain Digital Asset Window service providers. Plan Sponsors
then determine whether to make the Digital Asset Window available to their Plan
participants.
Neither ForUsAll nor FUA, Inc. is responsible for, or provides any investment
advice regarding (i) whether the client should offer, or continue to offer, the
Digital Asset Window, (ii) whether there should be a limit on the portion of a
Plan Participant’s account balance that may be invested in crypto currency
through the Digital Asset Window or the size of any such limits, (iii) whether a
Plan participant should invest through the Digital Asset Window, or (iv) a Plan
participant’s investments through the Digital Asset Window
4c: Client-Tailored Relationships and Restrictions
As a fiduciary, ForUsAll is required to act in our clients’ best interests. When
ForUsAll provides non-discretionary advisory services, the client is under no
obligation to act upon recommendations made by ForUsAll or its associated
persons.
4d: Wrap Fee Program
ForUsAll does not sponsor a wrap fee program.
4e: Assets under Management (AUM)
As of December 31, 2023, ForUsAll managed $1,554,000,000 in assets.