M.C. Byrd is a Limited Liability Company formed under the laws of the State of Texas
since July 30, 2009. We have been registered as investment adviser at both the state and
federal level since September 30, 2009. Currently, we are registered with Securities and
Exchange Commission (“SEC”) in order to provide the investment advisory products and
services described within this document. M.C. Byrd is 51% owned by Monte C. Byrd and
48% owned by Cathy J. Byrd and 1% by Caleb Byrd.
As of January 31, 2024, we have 565 clients with $205,193,534 of assets under
management managed on a discretionary basis and $56,754,462 managed on a non-
discretionary basis.
M.C. Byrd offers investment advisory services to individuals, pension and profit-sharing
plans, trusts, estates, charitable organizations, and foundations. This Disclosure
Brochure provides clients with information regarding M.C. Byrd and the qualifications,
business practices, and nature of advisory services that should be considered before
becoming an advisory client of the Firm.
Please contact Monte C. Byrd, Managing Member and Chief Compliance Officer, if you
have any questions about this Brochure. Additional information about M.C. Byrd is
available on the internet a
t www.adviserinfo.sec.gov. You can search this site by a unique
identifying number, known as a CRD number. The CRD number for M.C. Byrd is 151070.
Individuals associated with us will provide our investment advisory services. These
individuals are appropriately licensed and qualified to provide advisory services on our
behalf. Such individuals are known as Investment Adviser Representatives (“IARs”).
Below is a description of the investment advisory and financial planning services we offer,
including, but not limited to, our basic fee schedules; a description of how fees are
charged, whether fees are negotiable, when compensation is payable, refund policies
and other applicable information. For more details on any product or service please
reference the advisory agreement or speak with your IAR.
DESCRIPTION OF SERVICES PROVIDED
M.C. Byrd will emphasize continuous personal client contact and interaction in providing
discretionary or non-discretionary investment supervisory services. Further, we will work
with our clients to identify their investment goals and objectives as well as risk tolerance
in order to create an initial portfolio allocation designed to complement their clients’ goals
and objectives. M.C. Byrd typically creates a portfolio, consisting of mutual funds (no-load
and/or load waived), exchange traded funds (“ETFs”), and individual stocks or bonds.
M.C. Byrd has developed several model portfolios primarily utilizing mutual funds and
ETFs. The models range in risk tolerance from conservative to aggressive. Generally, the
more aggressive models have a higher allocation to equities, as opposed to fixed income
and money market securities, than the more conservative models. M.C. Byrd regularly
monitors the performance of each investment selected for each model. Further, M.C. Byrd
typically reviews the portfolios quarterly.
Investment strategies may include long-term buy and hold, and short-term trading. Each
portfolio will be initially designed to meet particular investment goals, based on the client’s
goals, objectives, circumstances, and risk tolerance. Each client will have the opportunity
to place reasonable restrictions on the types of investments to be held in the portfolio.
Adviser’s strategy, generally, will be to seek to meet client investment objectives while
providing clients with access to personal advisory services on at least an annual basis,
or more often, depending upon prior agreement.
Referral to Third Party Asset Manager Services
Adviser may recommend to clients other Third-Party Asset Managers, where one of the
third-party money managers will design an investment portfolio and provide ongoing
corresponding investment management services on a fee-only basis for a percentage of
assets, not to annually exceed 1.5% of asset under management. While M.C. Byrd
primarily uses the MAS Program more fully described below, we may also utilize other
third-party money managers (such as Nuveen) not in the MAS Program.
Managed Account Solutions (“MAS Program”)
M.C. Byrd offers Separately Managed Account (“SMA”) Programs through a Tri-Party
agreement between M.C. Byrd and Envestnet Asset Management, Inc. (“Envestnet”) and
Fidelity Brokerage Services, LLC (“Fidelity”). Such programs include sub-accounts (“Sub-
Accounts”) of your account managed by registered investment advisors (“Separate
Account Managers”) selected by M.C. Byrd. All Separate Account Managers enter into
sub-advisory contracts through the Envestnet Program. M.C. Byrd acts as Account
Managers for all accounts under this program and has discretionary authority to select
(i.e., hire and fire) the Separate Account Manager to be utilized in managing the client’s
assets. However, we do not have discretionary investment authority in the sub-accounts
under this program, the Separate Account Manager that we select has such discretion.
Separate Disclosure Brochures for Envestnet and Separate Account Managers are
provided to the client.
Financial Planning and Financial Consulting Services
M.C. Byrd will typically provide a variety of financial planning services, pursuant to a
written Agreement, to individuals, families, and other clients regarding the management
of their financial resources based upon an analysis of client’s current situation, goals, and
objectives. Generally, such financial planning services will involve preparing a financial
plan or rendering a financial consultation for clients based on the client’s financial goals
and objectives. This planning or consulting may encompass one or more of the following
areas: investment planning, retirement planning, estate planning, charitable planning,
education planning, and business planning.
The plan developed from the financial consultation rendered to the client will usually
include general recommendations for a course of activity or specific actions to be taken
by the clients. Plans or consultations are typically completed within six (6) months of
contract date, assuming all information and documents requested are provided promptly.
M.C. Byrd’s financial planning services involve appraisal of a client’s financial situation,
including an analysis of his or her entire financial planning needs and investment portfolio.
The information provided by a client is examined in relation to the long and short-term
investment objectives expressed by the client, client needs perceived by M.C. Byrd,
market conditions and general economic conditions.
The advice includes specific
recommendations regarding long and short-term financial planning and
recommendations regarding the retention or disposition of the client’s securities and other
investments. This service also includes at least one written report and one or more
meetings with the client to discuss the status of the client’s financial situation and M.C.
Byrd’s specific recommendations.
Because each client’s financial situation and goals change, clients are encouraged by
M.C. Byrd to have their financial situation reexamined periodically. Clients may wish to
have follow-up reviews and analyses performed by M.C. Byrd after receiving the firm’s
six-month initial financial planning services. Such follow-up reviews are performed, and
reports provided, as frequently as the client and M.C. Byrd agree.
Clients that do not wish to have a full financial plan but wish to have just their investments
reviewed by M.C. Byrd may do so by electing the firm’s initial asset monitoring services.
These services are designed to provide an overview of the client’s investable assets and
to meet with the client during the six months following the date of the agreement to discuss
the investments and the changes that M.C. Byrd believes are appropriate. A written report
is provided as part of the service.
After the initial six months, asset monitoring services are provided, clients may choose to
have their assets monitored periodically by M.C. Byrd with regular reports being sent to
the client. Such services include periodic reviews of the account and meetings with the
client to discuss the investments.
Prior to engaging M.C. Byrd to provide financial planning or consulting services, clients
will generally be required to enter into a Financial Planning and Consulting Agreement
with M.C. Byrd setting forth the terms and conditions of the engagement, describing the
scope of the services to be provided, and the portion of the fee that is due from the client
prior to M.C. Byrd commencing services. If requested by the client, M.C. Byrd may
recommend the services of other professionals for implementation purposes; including
M.C. Byrd’s IARs in their separate individual licensed capacities as licensed insurance
agents (See disclosure on Item 10). 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 M.C. Byrd. Moreover, each client is advised that it remains
his/her/its responsibility to promptly notify M.C. Byrd if there is ever any change in
his/her/its financial situation or investment objectives for the purpose of
reviewing/evaluating/revising the Adviser’s previous recommendations and/or services.
401k Pension Consulting Services
401k Pension Consulting includes the establishment and monitoring of a company’s
participant-directed retirement plan. As the needs of the plan sponsor dictate, areas of
advising could include investment options, plan structure, participant education. Adviser
will use a DBA name, The 401K Shop, as it relates to its 401k business.
All 401(k) planning services shall be in compliance with the applicable State law(s)
regulating the services provided by this Agreement. This section applies to an account
that is a pension or other employee benefit plan (a “Plan”) governed by the Employee
Retirement Income Security Act of 1974, as amended (“ERISA”). If the account is part of
a Plan and we accept appointments to provide M.C. Byrd’s services to such account,
M.C. Byrd acknowledges that it is a fiduciary within the meaning of Section 3(21) or 3(38)
of ERISA (Please reference the advisory agreement for more detail on our role). Under
these arrangements, clients will represent in our advisory agreement that (i) M.C. Byrd’s
appointment and services are consistent with the Plan documents, (ii) Client has
furnished M.C. Byrd true and complete copies of all documents establishing and
governing the Plan and evidencing your authority to retain M.C. Byrd. Client further
represents that he/she/it will promptly furnish M.C. Byrd with any amendments to the Plan,
and client agrees that, if any amendment affects our rights or obligations, such
amendment will be binding on M.C. Byrd only with our prior written consent. If the account
contains only a part of the assets of the Plan, client understands that M.C. Byrd will have
no responsibilities for the diversification of all the Plan’s investments, and M.C. Byrd will
have no duty, responsibility or liability for the assets that are not in the account. If ERISA
or other applicable law requires bonding with respect to the assets in the account, client
will obtain and maintain at his/her/its expense bonding that satisfies this requirement and
covers M.C. Byrd.
403b Plan Services
M.C. Byrd has entered into arrangements with Pentegra, Fidelity and TIAA, 403b
custodians that offers 403b plans to the Texas Collegiate School System. With Pentegra,
TIAA and Fidelity, M.C. Byrd also sells their Optional Retirement Plan (“ORP”) Services.
M.C. Byrd offers clients an asset management account in which M.C. Byrd directs and
manages assets for clients.
IRA Rollover Recommendations
For the purpose of complying with the DOL’s Prohibited Transaction Exemption 2020-02
(“PTE 2020-02”), when applicable, we are providing the following acknowledgment to you.
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 an exemption that
requires us to act in your best interest and not put our interests ahead of yours. Under
this exemption, we must:
1. Meet a professional standard of care when making investment recommendations
(give prudent advice),
2. Never put our financial interests ahead of yours when making recommendations
(give loyal advice),
3. Avoid misleading statements about conflicts of interest, fees, and investments,
4. Follow policies and procedures designed to ensure that we give advice that is in
your best interest,
5. Charge no more than is reasonable for our services, and
6. Give you basic information about conflicts of interest.
We benefit financially from the rollover of your assets from a retirement account to an
account that we manage or provide investment advice, because the assets increase our
assets under management and, in turn, our advisory fees. As a fiduciary, we only
recommend a rollover when we believe it is in your best interest.