A. Fusion Family Wealth, LLC (the “Registrant”) is a Delaware limited liability company,
which has been registered as an Investment Adviser with the United States Securities and
Exchange Commission on July 25, 2013. The Registrant is principally owned by Fusion
Family Wealth Holdings, LLC. That entity is principally owned by FFW, Legacy, LLC,
which is principally owned by Jonathan Blau, who also serves as the Registrant’s sole
Member and Chief Executive Officer.
B. As discussed below, the Registrant offers investment advisory services and retirement plan
consulting services to its clients (generally comprised of individuals, high net worth
individuals, related trusts and estates, pension, and profit-sharing plans, etc.).
INVESTMENT ADVISORY SERVICES
The client can engage the Registrant to provide discretionary or non-discretionary
investment advisory services. 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. Before engaging the 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. Registrant’s
annual investment advisory fee shall include investment advisory services, and, to the
extent specifically requested by the client and accepted by the Registrant, financial
planning and consulting services. If Registrant determines in its sole discretion that the
client requires extraordinary planning and/or consultation services, the Registrant may seek
to charge for such additional services pursuant to a stand-alone Financial Planning
Agreement as further described below.
Registrant provides investment advisory services specifically tailored to the needs of each
client. Before providing investment advisory services, an investment adviser representative
will ascertain each client’s investment objectives and develop an asset allocation based on
a defined investment policy statement that focuses on client’s investment objectives, time
horizon, and risk tolerance. Once client investment assets are allocated, the Registrant
provides ongoing monitoring and review of account performance and asset allocation as
compared to client-designated investment objectives and may execute or recommend
execution of account transactions as a result of those reviews or based on other triggering
events.
FINANCIAL PLANNING AND CONSULTING SERVICES (STAND-ALONE)
To the extent specifically requested by a client, the Registrant may determine to provide
financial planning and/or consulting services (including investment and non-investment
related matters, including estate planning, insurance planning, etc.) on a stand-alone
separate fee basis. Registrant’s planning and consulting fees are negotiable, depending
upon the level and scope of the service(s) required and the professional(s) rendering the
service(s). Before engaging the Registrant to provide planning or consulting services,
clients are generally required to enter into a Financial Planning and Consulting 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 before Registrant commences services. If requested by the client,
Registrant may recommend the services of other professionals for implementation
purposes (i.e., attorney, accountant, insurance agent, etc.), including professionals who
serve as a promoter for the Registrant-see disclosure at Item 14 below. The client is under
no obligation to engage the services of any such recommended professional. At all times,
the engaged licensed professionals (i.e., attorney, accountant, insurance agent, etc.), and
not Registrant, shall be responsible for the quality and competency of the services
provided. The client retains absolute discretion over all such implementation decisions and
is free to accept or reject any recommendation from the Registrant.
ERISA PLAN and 401(k) INDIVIDUAL ENGAGEMENTS:
• Trustee Directed Plans. Registrant may be engaged to provide discretionary investment
advisory services to ERISA retirement plans, whereby the Firm shall manage Plan assets
consistent with the investment objective designated by the Plan trustees. In such
engagements, Registrant will serve as an investment fiduciary as that term is defined under
The Employee Retirement Income Security Act of 1974 (“ERISA”). Registrant will
generally provide services on an “assets under management” fee basis per the terms and
conditions of an Investment Advisory Agreement between the Plan and the Firm.
• Participant Directed Retirement Plans. Registrant may also provide investment advisory
and consulting services to participant directed retirement plans per the terms and conditions
of a Retirement Plan Services Agreement between Registrant and the plan. For such
engagements, Registrant shall assist the Plan sponsor with the selection of an investment
platform from which Plan participants shall make their respective investment choices
(which may include investment strategies devised and managed by Registrant), and, to the
extent engaged to do so, may also provide corresponding education to assist the participants
with their decision-making process.
• Client Retirement Plan Assets. If requested to do so, Registrant shall provide investment
advisory services relative to the client’s 401(k) plan assets. In such event, Registrant shall
recommend that the client allocate the retirement account assets among the investment
options available on the 401(k) platform. The client is exclusively responsible for making
all transactions. Registrant’s ability shall be limited to making recommendations regarding
the allocation of the assets among the investment alternatives available through the plan.
Registrant will not receive any communications from the plan sponsor or custodian, and it
shall remain the client’s exclusive obligation to notify Registrant of any changes in
investment alternatives, restrictions, etc. pertaining to the retirement account.
MISCELLANEOUS
Limitations of Non-Investment Consulting/Implementation Services. To the extent
requested by a client, Registrant 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 a law firm, accounting firm, or insurance
agency, and no portion of Registrant’s services should be construed as legal, accounting,
or insurance implementation services. Accordingly, Registrant does not prepare estate
planning documents, tax returns, or sell insurance products. To the extent requested by a
client, Registrant may recommend the services of other professionals for certain non-
investment implementation purposes (i.e., attorneys, accountants, insurance agents, etc.),
which may include professionals who serve as a promoter for the Registrant-see disclosure
at Item 14 below. 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 recommended
professional, and a dispute arises thereafter relative to such engagement, the client should
seek recourse exclusively from and against the engaged professional. At all times, the
engaged licensed professionals (i.e., attorney, accountant, insurance agent, etc.), and not
Registrant, shall be responsible for the quality and competency of the services provided.
Please Note: Registrant will generally provide such planning and consulting services
inclusive of its advisory fee set forth at Item 5 below (exceptions could occur based upon
assets under management, special projects, stand-alone planning engagements, etc. for
which Firm may charge a separate or additional fee). Registrant believes that it is important
for the client to address financial planning issues with the Registrant on an ongoing basis.
Registrant’s fee, as set forth at Item 5 below, will remain the same regardless of whether
or not the client determines to address planning issues with Registrant. Registrant remains
available to address planning issues with the client on an ongoing basis.
Wealth Advisor Growth Network. Registrant’s indirect minority shareholder, Merchant
Wealth Partners, LLC, maintains a minority ownership interest in Wealth Advisor Growth
Network (“WAGN”), a company that offers consulting and support services to independent
wealth management firms. Fusion has engaged a service provider (LibertyFi LLC, an
advisory industry technology and administrative services support provider) that
compensates WAGN for introductions. Fusion’s Chief Compliance Officer, Brett Stanton,
remains available to address any questing that such arrangements may create, including
conflicts of interest.
Investment Risk. Different types of investments involve varying degrees of risk, and it
should not be assumed that future performance of any specific investment or investment
strategy (including the investments and/or investment strategies recommended or
undertaken 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 Brochure. A copy of this Brochure shall be provided to each client prior to, or
contemporaneously with, the execution of the applicable form of client agreement.
Non-Discretionary Service Limitations. Clients that determine to engage Registrant on a
non-discretionary investment advisory basis must be willing to accept that Registrant
cannot affect any account transactions without obtaining prior consent to such
transaction(s) from the client. Thus, in the event that Registrant would like to make a
transaction for a client’s account (including in the event of an individual holding or general
market correction), and the client is unavailable, the Registrant will be unable to affect the
account transaction(s) (as it would for its discretionary clients) without first obtaining the
client’s consent. This could place affected accounts at a disadvantage.
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, market conditions,
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. The advisory fees described in Item 5 below remain due and payable during
periods of account inactivity.
Asset Aggregation / Reporting Services. Registrant may provide access to reporting
services through one or more third-party aggregation / reporting platforms that can reflect
all of the client’s investment assets, including those investment assets that the client has
not engaged the Registrant to manage (the “Excluded Assets”). Registrant’s service for the
Excluded Assets is strictly limited to reporting, and specifically excludes investment
management or implementation. Because Registrant does not have trading authority for the
Excluded Assets, the client (and/or another investment professional), and not Registrant,
will be exclusively responsible for directly implementing any recommendations for the
Excluded Assets. Please refer to Item 5 below with respect to the additional reporting fee
that clients may incur for the Excluded Assets. Further, the client and/or their other advisors
that maintain trading authority, and not Registrant, shall be exclusively responsible for the
investment performance or related activity (such as timing and trade errors) pertaining to
the Excluded Assets. The third-party aggregation / reporting platforms may also provide
access to financial planning information and applications, which should not be construed
as services, advice, or recommendations provided by Registrant. Accordingly, Registrant
shall not be held responsible for any adverse results a client may experience if the client
engages in financial planning or other functions available on the third-party reporting
platforms without Registrant’s participation or oversight.
Availability of Mutual Funds and Exchange Traded Funds. While the Registrant may
allocate investment assets to mutual funds and exchange traded funds (“ETFs”) that are not
available directly to the public, the Registrant may also allocate investment assets to
publicly available mutual funds and ETFs that the client could purchase without engaging
Registrant as an investment adviser. However, if a client or prospective client determines
to purchase publicly available mutual funds or ETFs without engaging Registrant as an
investment adviser, the client or prospective client would not receive the benefit of
Registrant’s initial and ongoing investment advisory services with respect to management
of the asset. 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).
Cybersecurity Risk. The information technology systems and networks that Registrant
and its third-party service providers use to provide services to Registrant’s clients employ
various controls, which are designed to prevent cybersecurity incidents stemming from
intentional or unintentional actions that could cause significant interruptions in Registrant’s
operations and result in the unauthorized acquisition or use of clients’ confidential or non-
public personal information. Clients and Registrant are nonetheless subject to the risk of
cybersecurity incidents that could ultimately cause them to incur losses, including for
example: financial losses, cost and reputational damage to respond to regulatory
obligations, other costs associated with corrective measures, and loss from damage or
interruption to systems. Although Registrant has established its systems to reduce the risk
of cybersecurity incidents from coming to fruition, there is no guarantee that these efforts
will always be successful, especially considering that Registrant does not directly control
the cybersecurity measures and policies employed by third-party service providers. Clients
could incur similar adverse consequences resulting from cybersecurity incidents that more
directly affect issuers of securities in which those clients invest, broker-dealers, qualified
custodians, governmental and other regulatory authorities, exchange and other financial
market operators, or other financial institutions.
Retirement Plan Rollovers – No Obligation / 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 Registrant recommends that a
client roll over their 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. If Registrant provides a
recommendation as to whether a client should engage in a rollover or not (whether it is
from an employer’s plan or an existing IRA), 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. No client is
under any obligation to roll over retirement plan assets to an account managed by
Registrant, whether it is from an employer’s plan or an existing IRA. Registrant’s
Chief Compliance Officer, Brett Stanton, remains available to address any questions that a
client or prospective client may have regarding the potential for conflict of interest
presented by such rollover recommendation.
Independent Managers. The Registrant may allocate (and/or recommend that the client
allocate) a portion of a client’s investment assets among unaffiliated independent
investment managers / separately managed account platforms (“Independent Manager(s)”)
in accordance with the client’s designated investment objectives according to the terms and
conditions of a separate agreement between the client and the Independent Manager(s). In
such situations, the Independent Manager(s) shall have day-to-day responsibility for the
active discretionary management of the allocated assets. The Registrant shall continue to
render investment advisory services to the client relative to the ongoing monitoring and
review of account performance, asset allocation and client investment objectives. The
Registrant generally considers the following factors when considering its recommendation
to allocate investment assets to Independent Manager(s): the client’s designated investment
objectives, management style, performance, reputation, financial strength, reporting,
pricing, and research. The annual investment management fee charged by the Independent
Manager(s) can range from 0.17% to 0.53% of the assets allocated to the Independent
Manager(s). Fees for equity managers are generally higher than those for fixed income
managers. The applicable advisory fee charged by the Independent Manager(s), any related
platform fee, “SMA” fee, “UMA” fee, “TAMP” fee, or similarly named fee is separate
from, and in addition to, the Registrant’s investment advisory fee as set forth in Item 5.
Certain Independent Manager(s) may impose more restrictive account requirements and
varying billing practices than Registrant. In such instances, Registrant may alter its
corresponding account requirements and/or billing practices to accommodate those of the
Independent Manager(s). ANY QUESTIONS: The Registrant’s Chief Compliance
Officer, Brett Stanton, remains available to address any questions regarding Independent
Manager(s), and the additional fees to be incurred by the client as result of such
engagements.
Please Note: Conflict of Interest: Registrant can allocate (or recommend that the
client allocate) assets to Piton Management (“Piton”), an independent fixed income
manager. Registrant’s minority shareholder, Merchant Wealth Partners, LLC
(“Merchant”), maintains a minority ownership interest in Piton, thereby creating a
conflict of interest if/when the Registrant allocates (or recommends that the client
allocate) a portion of their investment assets to Piton. Registrant does not factor
Merchant’s ownership in Piton when allocating client assets to, or retaining assets
with, Piton. Given the conflict of interest, the Registrant shall not allocate client
assets to Piton on a discretionary basis. Rather, the Registrant shall recommend
Piton to the client on a non-discretionary basis, and no portion of the client’s assets
shall be allocated to Piton without the client’s prior consent. ANY QUESTIONS:
Registrant’s Chief Compliance Officer, Brett Stanton, remains available to address
any questions regarding Piton and the above referenced conflict of interest.
Custodian Charges-Additional Fees. As discussed below at Items 5 and 12 below, when
requested to recommend a broker-dealer/custodian for client accounts, Registrant generally
recommends that Fidelity or Pershing serve as the broker-dealer/custodian for client
investment management assets. Broker-dealers such as Fidelity and Pershing charge
brokerage commissions, transaction, and/or other type fees for effecting certain types of
securities transactions (i.e., including transaction fees for certain mutual funds, and mark-
ups and mark-downs charged for fixed income transactions, etc.). The types of securities
for which transaction fees, commissions, and/or other type fees (as well as the amount of
those fees, which also slightly differ for mutual fund and Independent Managers at Fidelity
vs. Pershing) shall differ depending upon the broker-dealer/custodian (while certain
custodians do not currently charge fees on individual equity transactions (including ETFs),
others do). Currently, neither Fidelity nor Pershing charges transaction fees for individual
equity transactions (including ETFs), with the exception that Fidelity will charge a
transaction fee of $0.01 per share for equity transactions in excess of 10,000 shares.
Pershing will also assess fees to clients who elect to receive account statements by regular
mail rather than electronically. Pershing currently charges $2 per hard copy statement.
Please Note: there can be no assurances that either Pershing or Fidelity will not change
their transaction fee pricing in the future. These fees/charges are in addition to Registrant’s
investment advisory fee at Item 5 below. Registrant does not receive any portion of these
fees/charges. ANY QUESTIONS: Registrant’s Chief Compliance Officer, Brett Stanton,
remains available to address any questions that a client or prospective client may have
regarding the above.
Cash Sweep Accounts. Certain account custodians can require that cash proceeds from
account transactions or new deposits, be swept to and/or initially maintained in a
specific custodian designated sweep account. The yield on the sweep account will
generally be lower than those available for other money market accounts. When this
occurs, to help mitigate the corresponding yield dispersion, Fusion shall (usually within 30
days thereafter) generally (with exceptions) purchase a higher yielding money market fund
available on the custodian’s platform, unless Fusion reasonably anticipates that it
will utilize the cash proceeds during the subsequent 30-day period to purchase
additional investments for the client’s account. Exceptions and/or modifications can and
will occur with respect to all or a portion of the cash balances for various reasons,
including, but not limited to the amount of dispersion between the sweep account and a
money market fund, the size of the cash balance, an indication from the client of an
imminent need for such cash, or the client has a demonstrated history of writing checks
from the account. Please Note: The above does not apply to the cash component
maintained within a Fusion actively managed investment strategy (the cash balances for
which shall generally remain in the custodian designated cash sweep account), assets
allocated to an unaffiliated investment manager, and cash balances maintained for fee
billing purposes. Please Also Note: The client shall remain exclusively responsible for
yield dispersion/cash balance decisions and corresponding transactions for cash balances
maintained in any Fusion unmanaged accounts. ANY QUESTIONS: Fusion’s Chief
Compliance Officer, Brett Stanton, remains available to address any questions that a client
or prospective client may have regarding the above.
Unaffiliated Private Investment Funds.
Registrant does not recommend that its clients purchase private investment funds.
However, the Registrant will assist the client with the purchase of same upon express
request. Upon such request, the Registrant, on a non-discretionary basis, shall present
prospective private funds to the client for the client’s review and consideration.
Registrant’s role relative to unaffiliated private investment funds shall be limited to its
initial and ongoing review and investment monitoring services. If a client determines to
become an unaffiliated private fund investor, the amount of assets invested in the fund(s)
shall be included as part of “assets under management” for purposes of Registrant
calculating its investment advisory fee. Registrant’s fee shall be in addition to the fund’s
fees. Registrant’s clients are under absolutely no obligation to consider or make an
investment in any 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 liquid investments that a client may own, 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 the client is qualified for investment in the fund and
acknowledges and accepts the various risk factors that are associated with such an
investment.
Please Also Note: Valuation. 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.
Conflict of Interest: To assist with identifying funds for the client’s review and
consideration, the Registrant shall use the private fund due diligence and platform
services provided by Opto Investments (“Opto”). Registrant’s minority
shareholder, Merchant Wealth Partners, LLC (“Merchant”), maintains a minority
ownership interest in Opto, thereby creating a potential conflict of interest (i.e.,
Opto will derive compensation from private funds that are available on its
platform). ANY QUESTIONS: Registrant’s Chief Compliance Officer, Brett
Stanton, remains available to address and questions regarding Opto and the above
referenced conflict of interest.
Cash Positions. Registrant continues to treat cash as an asset class. As such, unless
determined to the contrary by Registrant, all cash positions (money markets, etc.) shall
continue to be included as part of assets under management for purposes of calculating
Registrant’s advisory fee. At any specific point in time, depending upon perceived or
anticipated market conditions/events (there being no guarantee that such anticipated
market conditions/events will occur), Registrant may maintain cash positions for defensive
purposes. In addition, while assets are maintained in cash, such amounts could miss market
advances. Depending upon current yields, at any point in time, Registrant’s advisory fee
could exceed the interest paid by the client’s money market fund. ANY QUESTIONS:
The Registrant’s Chief Compliance Officer, Brett Stanton, remains available to address
any questions that a client or prospective may have regarding the above fee billing practice.
Borrowing Against Assets/Risk. A client who has 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; and
• 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, Fusion does not recommend such borrowing unless it is
for specific short-term purposes (i.e., a bridge loan to purchase a new residence). Fusion
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 Fusion:
• By taking the loan rather than liquidating assets in the client’s account,
Fusion continues to earn a fee on such Account assets; and,
• If the client invests any portion of the loan proceeds in an account to be
managed by Fusion, Fusion will receive an advisory fee on the invested
amount; and,
• If Fusion’s advisory fee is based upon the higher margined account value,
Fusion will earn a correspondingly higher advisory fee. This could provide
Fusion 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 a pledged assets loan.
C. The Registrant provides investment advisory services specific to the needs of each client.
Before providing investment advisory services, an investment adviser representative will
ascertain each client’s investment objectives. 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 $1,013,196,413 in Client assets,
$998,832,736 of which are managed on a discretionary basis and $14,363,677 on a non-
discretionary basis. Clients may request more current information at any time by
contacting the Registrant.