Scope of Services
What investment management services do you routinely provide?
Can you help with my interests in closely-held LLCs and partnerships owning investment real estate?
Can you arrange for regular payments or transfers of cash to be made from my account?
Will I get reports to help with income tax return preparation?
Can you provide advice on how I should invest the money in my company’s 401(k), 403(b) or 457 Plan?
What does the term “investment counsel” signify?
If I already have a lawyer and a broker, why would I need a firm like Martinelli Discenza?
What investment management services do you routinely provide?
We implement the investment programs we design. We continuously monitor the markets, and the client’s situation to adjust or “rebalance” the investment holdings to reflect conditions. We report quarterly to clients on their investment assets and performance, and recommend at least annual face-to-face meetings to review their overall financial health and investment results and to provide more detailed financial planning analysis and guidance on issues specific to each client as they arise. Learn more about our overall process.
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Can you help with my interests in closely-held LLCs and partnerships owning investment real estate?
Yes. Based upon our experience representing law clients in the purchase, sale, leasing and management of real estate and the organization of real estate holding entities, together with Gary Martinelli’s experience as a real estate owner and developer, we are able to assist you with a spectrum of services ranging from occasional advice to complete management and oversight. Our fees for this work would be individually negotiated and would depend upon the scope of services you required.
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Can you arrange for regular payments or transfers of cash to be made from my account?
Yes. We can set up regular, periodic transfers of a fixed dollar amount on a monthly or quarterly basis. Alternatively, we can arrange to have all of the interest and dividends earned paid from an account.
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Will I get reports to help with income tax return preparation?
Yes. We can send you a report of taxable events, including earnings form interest, realized capital gains, and capital gains distributions. We can also prepare a report showing the gains in your account at any time.
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Can you provide advice on how I should invest the money in my company’s 401(k), 403(b) or 457 Plan?
Yes. If you are a client and are actively participating in your company’s 401(k), 403(b) or 457 plan, we will provide guidance assisting you to choose among the available funds in your company plan without additional charge. As a quid pro quo, we ask that you consider our firm for asset management when you withdraw your assets from your plan.
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What does the term “investment counsel” signify?
Under the Investment Advisers Act of 1940, a federal law, an investment adviser may not hold itself out as an “investment counsel” unless a substantial portion of its business consists of rendering “continuous investment advice based upon the individual needs of each client.”
An investment adviser who simply recommends financial products from time to time, or manages a pool of assets such as a “hedge fund” or a “mutual fund” would not be considered an “investment counsel” because individual circumstances are not considered when rendering advice. An investment adviser who renders “periodic” advice would not be considered an “investment counsel” because his advice is not “continuous.” Both “Investment Advisers” and “investment counsel” have a fiduciary relationship with clients.
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If I already have a lawyer and a broker, why would I need a firm like Martinelli Discenza?
If you already have a lawyer who is competent in the specialties of estate planning, estate taxation, family asset transfers and the law of deferred compensation plans such as IRAs, 401(k)s, 403(b)s, profit sharing and pension plans, you may not need our law firm. Similarly, if you have a broker who develops an investment plan for you with appropriate diversification and risk limitations and provides ongoing strategic thinking and oversight of your individual investment requirements, you may not need our investment counsel services. If either your lawyer or broker does not furnish the services outlined or if you would prefer to have one firm with a full spectrum of services looking at your “big picture,” you should consider Martinelli Discenza.
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