Guardian Wealth Advisors was organized in 2007 by Kulka Holdings, LLC as
an investment advisory firm. As of December 31, 2021, Guardian Wealth
Advisors is 100% owned by Myslajek Kemp & Spencer, Ltd.
Guardian Wealth Advisors provides a variety of investment advisory services.
Our primary focus is wealth advisory and asset management services. The
principal part of our investment advisory services is to manage client
accounts on either a discretionary or non-discretionary basis. We also furnish
investment advice through consultation and furnish advice on matters not
involving securities, including financial planning.
For ongoing clients, Guardian Wealth Advisors reviews and assesses each
client’s overall risk and return objectives periodically by questionnaire and
interview and verifies investor return and risk goals at least once a year. If
requested, we will also assist you in creating a comprehensive financial plan.
Based on your goals from the financial plan, we consider any circumstances
that would determine any alteration of our standard strategies. Clients may
impose restrictions on investing in certain securities or types of securities.
However, we typically customize our standard strategies only if there are
significant exceptional items that you have determined with our input. All
customization is documented in our process.
Because we perform advisory services for more than one client account, there
may be conflicts of interest over time devoted to managing any one account
and the allocation of investment opportunities among all managed accounts.
In such case, we will attempt to resolve all such conflicts in a manner that is
generally fair and in the best interests of all clients. Guardian Wealth Advisors
may give advice and take action with respect to any of our clients that may
differ from advice given or the timing or nature of action taken with respect
to any particular client. However, it is our policy, to the extent practicable, to
allocate investment opportunities over a period of time on a fair and equitable
basis relative to other clients. Guardian Wealth Advisors offers the services
discussed below:
Financial Planning Services
Guardian Wealth Advisors provides consulting services in connection with
personal financial matters. The services are offered through private
consultations. The services primarily include the creation of a comprehensive
plan that concerns itself with the overall considerations of your investments,
including retirement plan assets (such as company 401(k) and profit sharing),
taxable investments, education funding, legacy planning, estate and
insurance plans. Your investment concerns will be determined by interview.
After the creation of this plan, Guardian Wealth Advisors may be available for
further consultation.
In performing these services, we will rely solely on the information we receive
from you, or any other professionals you employ. Guardian Wealth Advisors
does not serve as an attorney, accountant, or insurance agent, and no portion
of our services should be construed as such. Accordingly, Guardian Wealth
Advisors does not prepare legal documents, prepare tax returns, or sell
insurance products. At your request, we may recommend the services of other
professionals for implementation purposes (i.e., attorneys, accountants,
insurance agents, etc.). You are under no obligation to engage the services of
any such recommended professional. You retain absolute discretion over all
implementation decisions and are free to accept or reject any of our
recommendations. If you decide to engage any professional (i.e., attorney,
accountant, insurance agent, etc.), recommended or otherwise, and a dispute
arises thereafter relative to such engagement, you agree to seek recourse
exclusively from the engaged professional. At all times, the engaged licensed
professional[s] (i.e., attorney, accountant, insurance agent, etc.), and not
Guardian Wealth Advisors, shall be responsible for the quality and
competency of the services provided. Moreover, Guardian Wealth Advisors is
not responsible for any continuing or ongoing review, evaluation or revision
of the financial plan after its creation. If, due to a change in circumstances or
desire for another general review, you want a follow-up review after the plan
is created, it is your responsibility to contact us.
Financial Planning clients may also decide to retain Guardian Wealth Advisors
to provide discretionary or non-discretionary investment advisory services,
which are described below. Clients who engage us to provide a financial plan
and subsequently engage us for full investment advisory services may receive
a credit from the financial plan fee towards the investment advisory
management fee at our sole discretion.
Investment Advisory Services
Guardian Wealth Advisors provides discretionary investment advisory services
(meaning that we may, without prior approval or consultation, initiate any
investment transaction on your behalf) and non-discretionary investment
advisory services (meaning that we receive your approval before initiating any
investment transaction) to assist clients in developing and implementing
comprehensive investment strategies for their accounts consistent with their
financial goals.
Investment strategies are designed, developed or implemented through the
use of portfolios. Within each portfolio there is a breakdown of different
investment types, and certain percentages are allocated to different asset
classes. We generally, although not exclusively, recommend stocks, exchange-
traded funds (“ETFs”) and mutual funds to meet a portfolio’s equity holding
positions and various types of fixed income securities, including corporate
bonds, US government or agency securities, municipal securities, certificates
of deposits, exchange-traded funds and mutual funds to meet a portfolio’s
fixed income holding positions. Once allocated, Guardian Wealth Advisors
provides ongoing supervision of the account(s).
Guardian Wealth Advisors utilizes mutual funds and exchange traded funds for
your portfolios. In addition to our investment advisory fee described below, and
transaction and/or custodial fees discussed below, you 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).
There may be times when we allocate a portion of your investment assets
among unaffiliated independent investment managers in accordance with
your 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. Guardian Wealth Advisors 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 Guardian Wealth Advisors shall consider in
recommending Independent Manager[s] include your 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, Guardian Wealth Advisors’ investment advisory fee disclosed at Item 5
below. ANY QUESTIONS: Guardian Wealth Advisors’ Chief Compliance Officer,
Eric Becker, 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).
Guardian Wealth Advisors can also provide account reporting services, which
can incorporate client investment assets that are not part of the assets that we
manage (the “Excluded Assets”). Unless agreed to otherwise, in writing, the
client and/or his/her/its other advisors that maintain trading authority,
and not Guardian Wealth Advisors, shall be exclusively responsible for the
investment performance of the Excluded Assets. Unless also agreed to
otherwise, in writing, we will not provide investment management, monitoring
or implementation services for the Excluded Assets. The client can engage
Guardian Wealth Advisors to provide investment management services for the
Excluded Assets pursuant to the terms and conditions of the client agreement
between Guardian Wealth Advisors and the client.
Non-Discretionary Service Limitations. Clients that determine to engage
Guardian Wealth Advisors on a non-discretionary investment advisory basis
must be willing to accept that Guardian Wealth Advisors cannot effect any
account transactions without obtaining prior consent to any such transaction(s)
from the client. Thus, in the event that Guardian Wealth Advisors would like to
make a transaction for a client’s account, and client is unavailable, Guardian
Wealth Advisors will be unable to effect the account transaction (as it would for
its discretionary clients) without first obtaining the client’s consent.
Other Assets. A client may:
• hold securities that were purchased at the request of the client or
acquired prior to the client’s engagement of Guardian Wealth
Advisors. Generally, with potential exceptions, Guardian Wealth
Advisors does not/would not recommend nor follow such
securities, and absent mitigating tax consequences or client
direction to the contrary, would prefer to liquidate such securities.
Please Note: If/when liquidated, it should not be assumed that the
replacement securities purchased by Guardian Wealth Advisors will
outperform the liquidated positions. To the contrary, different types
of investments involve varying degrees of risk, and there can be no
assurance that future performance of any specific investment or
investment strategy (including the investments and/or investment
strategies recommended or undertaken by Guardian Wealth
Advisors) will be profitable or equal any specific performance
level(s). In addition, there may be other securities and/or accounts
owned by the client for which Guardian Wealth Advisors does not
maintain custodian access and/or trading authority; and,
• hold other securities and/or own accounts for which Guardian
Wealth Advisors does not maintain custodian access and/or trading
authority.
Corresponding
Services/Fees: When agreed to by Guardian
Wealth Advisors, Guardian Wealth Advisors shall: (1) remain
available to discuss these securities/accounts on an ongoing basis
at the request of the client; (2) monitor these securities/accounts
on a regular basis, including, where applicable, rebalancing with
client consent; (3) shall generally consider these securities as part
of the client’s overall asset allocation; (4) report on such
securities/accounts as part of regular reports that may be provided
by Guardian Wealth Advisors; and, (5) include the market value of
all such securities for purposes of calculating advisory fee.
ANY QUESTIONS: Guardian Wealth Advisors’ Chief Compliance Officer, Eric
Becker, remains available to address any questions regarding the above.
Retirement Rollovers—Potential for 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 Guardian Wealth Advisors recommends
that a client roll over their retirement plan assets into an account to be
managed by Guardian Wealth Advisors, such a recommendation creates a
conflict of interest if Guardian Wealth Advisors will earn new (or increase its
current) compensation as a result of the rollover. If Guardian Wealth Advisors
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), Guardian
Wealth Advisors 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 Guardian Wealth Advisors. Our Chief Compliance Officer 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.
Per the Department of Labor: “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:
• Meet a professional standard of care when making investment
recommendations (give prudent advice);
• Never put our financial interests ahead of yours when making
recommendations (give loyal advice);
• Avoid misleading statements about conflicts of interest, fees, and
investments;
• Follow policies and procedures designed to ensure that we give advice
that is in your best interest;
• Charge no more than is reasonable for our services; and
• Give you basic information about conflicts of interest.”
Cash Positions. Guardian Wealth Advisors continues to treat cash as an asset
class. As such, unless determined to the contrary by Guardian Wealth
Advisors, all cash positions (money markets, etc.) shall continue to be
included as part of assets under management for purposes of calculating
Guardian Wealth Advisors’ 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), Guardian Wealth Advisors 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, Guardian Wealth Advisors’ advisory fee could exceed the interest paid
by the client’s money market fund. ANY QUESTIONS: Guardian Wealth
Advisors’ Chief Compliance Officer, Eric Becker, remains available to address
any questions that a client or prospective may have regarding the above fee
billing practice.
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, Guardian Wealth Advisors shall (usually within 30 days thereafter)
generally (with exceptions) purchase a higher yielding money market fund (or
other type security) available on the custodian’s platform, unless Guardian Wealth
Advisors 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 Guardian Wealth Advisors actively managed investment
strategy (the cash balances for which shall generally remain in the custodian
designated cash sweep account), an indication from the client of a need for
access to such cash, 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 Guardian
Wealth Advisors unmanaged accounts. ANY QUESTIONS: Guardian Wealth
Advisors’ Chief Compliance Officer, Eric Becker, remains available to address any
questions that a client or prospective client may have regarding the above.
Portfolio Activity. Guardian Wealth Advisors has a fiduciary duty to provide
services consistent with the client’s best interest. Guardian Wealth Advisors
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 or withdrawals, and/or a change in the client’s investment
objective. Based upon these factors, there may be extended periods of time
when Guardian Wealth Advisors determines that changes to a client’s portfolio
are unnecessary. Clients remain subject to the fees described in Item 5 below
during periods of portfolio inactivity. Of course, as indicated below, there can
be no assurance that investment decisions made by the Guardian Wealth
Advisors will be profitable or equal any specific performance level(s).
Cybersecurity Risk. The information technology systems and networks that
Guardian Wealth Advisors and its third-party service providers use to provide
services to Guardian Wealth Advisors’ clients employ various controls, which
are designed to prevent cybersecurity incidents stemming from intentional or
unintentional actions that could cause significant interruptions in Guardian
Wealth Advisors’ operations and result in the unauthorized acquisition or use
of clients’ confidential or non-public personal information. Clients and
Guardian Wealth Advisors 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 Guardian Wealth
Advisors has established processes to reduce the risk of cybersecurity
incidents, there is no guarantee that these efforts will always be successful,
especially considering that Guardian Wealth Advisors 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.
Client Obligations. In performing our services, Guardian Wealth Advisors
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, it remains each client’s responsibility to promptly notify
Guardian Wealth Advisors if there is ever any change in his/her/its financial
situation or investment objectives for the purpose of
reviewing/evaluating/revising our previous recommendations and/or services.
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 Guardian Wealth
Advisors) will be profitable or equal any specific performance level(s).
Disclosure Brochure. A copy of Guardian Wealth Advisors’ 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 an agreement between the client and Guardian Wealth
Advisors.
As of December 31, 2023, we managed approximately $41,545,628 in non-
discretionary assets and $207,683,159 in discretionary assets for a total of
$249,228,787 of assets under management.