General Information
Cypress Capital, LLC (“Cypress Capital”) was formed in 2014, and provides financial planning, portfolio
management, general consulting, sub-adviser and model portfolio services to our clients.
Mark Dodson and Michael Brooks are the principal owners of Cypress Capital. Please see Brochure
Supplements, Exhibit A, for more information on these principal owners and other individuals who
formulate investment advice and have direct contact with clients, or have discretionary authority over
client accounts.
As of December 31, 2023, Cypress Capital managed $400,994,432 on a discretionary basis, and no assets
on a non-discretionary basis.
SERVICES PROVIDED
At the outset of each client relationship, we spend time with you, asking questions, discussing your
investment experience and financial circumstances, and reviewing options for you. Based on our reviews,
we generally develop with you:
• a financial outline for you based on your financial circumstances and goals, and your risk tolerance
level (the “Financial Profile” or “Profile”); and
• your investment objectives and guidelines (the “Investment Plan” or “Plan”).
The Financial Profile is a reflection of your current financial picture and a look to your future goals. The
Investment Plan outlines the allocation of investments among proprietary models that we manage or other
appropriate individual securities. Your allocation among these proprietary models and/or other securities
will be determined based on your goals, investment objectives and particular willingness and ability to
assume various levels of risk. The Profile and the Plan are discussed regularly with you, but are not
necessarily written documents.
Where we provide limited financial planning or general consulting services, we will work with you to
prepare an appropriate summary of the specific project(s) to the extent necessary or advisable under the
circumstances.
Financial Planning
We offer financial planning services to those clients in need of such service in conjunction with Portfolio
Management services. Financial planning normally addresses areas such as trust and estate coordination,
charitable giving and foundation consulting, retirement planning for companies, tax coordination and
minimization, family legacy planning, general cash flow planning, and insurance analysis. The goal of this
service is to assess your financial circumstances to more effectively develop your Investment Plan.
Portfolio Management
To implement your Investment Plan, we will manage your investment portfolio on a discretionary basis.
As a discretionary investment adviser, we will have the authority to supervise and direct your portfolio
without prior consultation with you.
Notwithstanding the foregoing, you may impose certain written restrictions on us in the management of
your investment portfolio, such as prohibiting the inclusion of certain types of investments in an investment
portfolio or prohibiting the sale of certain investments held in the account at the commencement of the
relationship. You should note, however, that restrictions imposed by you may adversely affect the
composition and performance of your investment portfolio. You should also note that your investment
portfolio is treated individually by giving consideration to each purchase or sale for your account. For these
and other reasons, performance of your investment portfolio within the same investment objectives, goals
and/or risk tolerance may differ and you should not expect that the composition or performance of your
investment portfolio would necessarily be consistent with similar clients of ours.
General Consulting
In addition to the foregoing services, we may provide general consulting services to clients. These services
are generally provided on a project basis, and may include, without limitation, minimal cash flow planning
for certain events such as education expenses or retirement, estate planning analysis, income tax planning
analysis and review of a client’s insurance portfolio, as well as other matters specific to the client as and
when requested by the client and agreed to by Cypress Capital. The scope and fees for consulting services
will be negotiated with each client at the time of engagement for the applicable project.
Sub-Adviser Services
From time to time, we may be engaged by other investment advisers to provide sub-adviser services.
Model Portfolios on Third-Party Platforms
We also provide Model Portfolio recommendations (buy and sell signals, including the timing of such
transactions) to broker/dealers, investment advisers, or other financial services companies who, in turn,
offer the Model Portfolio to their respective clients. Model Portfolio recommendations are provided on a
non-discretionary basis and we have no supervisory or oversight responsibilities with regard to the clients’
assets invested according to the Model Portfolio by another service provider.
Cypress Capital Research Reports or Other Publications
We provide stock market and economic commentary and research to individual and institutional clients.
These materials may be utilized by you in your own investment decision-making processes.
Retirement Plan Advisory Services
Establishing a sound fiduciary governance process is vital to good decision-making and to ensuring that
prudent procedural steps are followed in making investment
decisions. We will provide Retirement Plan
consulting services to Plans and Plan Fiduciaries as described below. The particular services provided will
be detailed in the consulting agreement. The appropriate Plan Fiduciary(ies) designated in the Plan
documents (e.g., the Plan sponsor or named fiduciary) will (i) make the decision to retain our firm; (ii) agree
to the scope of the services that we will provide; and (iii) make the ultimate decision as to accepting any of
the recommendations that we may provide. The Plan Fiduciaries are free to seek independent advice about
the appropriateness of any recommended services for the Plan. Retirement Plan consulting services may
be offered individually or as part of a comprehensive suite of services.
The Employee Retirement Income Security Act of 1974 (“ERISA”) sets forth rules under which Plan
Fiduciaries may retain investment advisers for various types of services with respect to Plan assets. For
certain services, we will be considered a fiduciary under ERISA. For example, we will act as a fiduciary
when providing non-discretionary investment advice to the Plan Fiduciaries by recommending a suite of
investments as choices among which Plan Participants may select. Also, to the extent that the Plan
Fiduciaries retain us to act as an investment manager within the meaning of ERISA § 3(38), we will provide
discretionary investment management services to the Plan.
Fiduciary Management Services
• Discretionary Management Services
When retained as an investment manager within the meaning of ERISA § 3(38), we provide
continuous and ongoing supervision over the designated retirement plan assets. We will actively
monitor the designated retirement plan assets and provide ongoing management of the assets.
When applicable, we will have discretionary authority to make all decisions to buy, sell or hold
securities, cash or other investments for the designated retirement plan assets in our sole discretion
without first consulting with the Plan Fiduciaries. We also have the power and authority to carry
out these decisions by giving instructions, on your behalf, to brokers and dealers and the qualified
custodian(s) of the Plan for our management of the designated retirement plan assets.
• Discretionary Investment Selection Services
We will monitor the investment options of the Plan and add or remove investment options for the
Plan without prior consultation with the Plan Fiduciaries. We will have discretionary authority to
make and implement all decisions regarding the investment options that are available to Plan
Participants.
Fiduciary Consulting Services
• Investment Selection Services
We will provide Plan Fiduciaries with recommendations of one or more investment options
consistent with ERISA section 404(c), specifically Model Portfolios. Plan Fiduciaries retain
responsibility for the final determination of investment options and for compliance with ERISA
section 404(c).
• Non-Discretionary Investment Advice – Model Portfolios
We will provide recommendations with respect to Model Portfolios among which Plan Participants
may choose to invest as Plan options.
Rollover Recommendations
As part of our investment advisory services to you, we may recommend that you withdraw the assets from
your employer's retirement plan and roll the assets over to an individual retirement account ("IRA") that
we will manage on your behalf. If you elect to roll the assets to an IRA that is subject to our management,
we will charge you an asset-based fee as set forth in the agreement you executed with our firm. This practice
presents a conflict of interest because persons providing investment advice on our behalf have an incentive
to recommend a rollover to you for the purpose of generating fee-based compensation rather than solely
based on your needs. You are under no obligation, contractually or otherwise, to complete the rollover.
Moreover, if you do complete the rollover, you are under no obligation to have the assets in an IRA managed
by our firm.
Many employers permit former employees to keep their retirement assets in their company plan. Also,
current employees can sometimes move assets out of their company plan before they retire or change jobs.
In determining whether to complete the rollover to an IRA, and to the extent the following options are
available, you should consider the costs and benefits of: 1)) Leaving the funds in your employer's (former
employer's) plan; 2) moving the funds to a new employer's retirement plan; 3) cashing out and taking a
taxable distribution from the plan; and/or 4) rolling the funds into an IRA rollover account. Each of these
options has advantages and disadvantages and before making a change we encourage you to speak with
your CPA and/or tax attorney. Our recommendations may include any of them, depending on what we feel
is in your best interest.
We are fiduciaries under the Investment Advisers Act of 1940 and when we provide investment advice to
you regarding your retirement plan account or individual retirement account, we are also 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. As a fiduciary, we are required to document
the reason(s) for why the recommendation we made is in your best interest.