The Ultimate 3(38) Questionnaire
The Ultimate 3(38) Questionnaire
August 2013
Submitted By
Adviser submitting this QuestionnaireName of Investment Adviser
Name of individual submitting this questionnaire
Title
Address
City, State, Zip
Phone (s)
Date of Submission
Instructions
This questionnaire is designed to measurethe readiness of an Investment Adviser to successfully operate as an ERISA 3(38) investment manager.Please answer each of the following questions as best you can. If you don’t know the answer simply say “Don’t Know” or “DK”. If you are not sure say, “Not Sure” followed by your best guess. The more questions you answer the more accurate the assessment will be.
After completing this questionnaire please submit to Dalbar for an assessment that will include recommendationssuchas:
- Forget about it… you have no chance
- Obtain ERISA training
- Get a proper 3(38) client agreement
- Acquire other services you may need
- Go ahead and get certified
Questionnaire
Question / Response/Explanation1.00 / About the Investment Adviser
1.01 / Do you control the Investment Adviser that you plan to use as the 3(38)?
1.02 / Does an unaffiliated broker/dealer or other entity control the practices and policies of the Investment Adviser that you plan to use as the 3(38)?
1.03 / What is the estimated capitalization of thisInvestment Adviser and its affiliates?
1.04 / What is the principal business and client base of this Investment Adviser?
1.05 / Has this Investment Adviser or any of its Representatives (IARs) had any recent regulatory, civil or criminal actions?
1.06 / What level of liability insurance is currently in force for thisInvestment Adviser?
1.07 / Does current liability insurance cover all activities that are being performed and planned to be performed?
2.00 / Experience, qualification and knowledge
2.01 / Does this Investment Adviser currently exist with the capabilities to manage client investments and for how long?
2.02 / Do any investment managers of this Investment Adviser have applicable experience of more than five years?
2.03 / Is there a client base that will be able to evaluate your performance?
2.04 / Do you have reports of investment performance that demonstrates superior results?
2.05 / Does this Investment Adviser currently act as an adviser under ERISA 3(21) or ERISA 408(g)?
2.06 / Do you have credentials or designations that are applicable to being a 3(38) investment manager?
2.07 / Does the Investment Adviser have the capability of applying third party payments (such as commissions, finders fees, 12b-1 fees, etc.) to offset fees earned under a client agreement?
3.00 / Fiduciary arrangement
3.10 / Does the client agreement currently in use include:
3.11 / The services provided?
3.12 / Explicit reference to being an ERISA 3(38) investment manager?
3.13 / No fiduciary/ERISA exclusions
3.14 / No FINRA arbitration requirement
3.20 / Are you knowledgeable of and regularly engage in practices that are necessary to avoid exposure to fiduciary liability as an ERISA fiduciary?
3.30 / Is there an existing fee schedule that reflects the basis for assessing fees, level of service and nature of services offered?
3.40 / Is there a clearly delineated theory(ies) that is used for investment management?
4.00 / Services provided by Investment Adviser to and experience with ERISA plans:
4.01 / Plan design?
4.02 / Compliance or audit support?
4.03 / Investment selection and monitoring?
4.04 / Vendor selection and monitoring?
4.05 / Brokerage services for plan designated investments, such as execution of buy and sell transactions, processing of interest and dividends and clearing services for investments held by the plan?
4.06 / Plan sponsor communications?
4.07 / Plan administration?
4.08 / Other plan sponsor services?
4.09 / Manage investments in participant accounts?
4.10 / Participant communications?
4.11 / Record keeping?
4.12 / Participant administration?
4.13 / Management of designated plan investments?
4.14 / Investment products used as designated plan investments?
5.00 / Potential conflicts of interest:
5.01 / Are there circumstances where education, guidance, recommendations or advice provided by the Investment Adviser, its representatives or its affiliates affects any compensation received?
5.02 / Are there actions or recommendations that this Investment Adviser, its representatives or its affiliates can take (or fail to take) without the knowledge and approval of the plan fiduciary that affects compensation received.
6.00 / Ability to promote your 3(38) capabilities
6.01 / Is there an ERISA marketing program in place, including collateral materials, Web site, advertising and an active sales effort?
6.02 / Does this Investment Adviser have a client base with a credible volume of ERISA business?
6.03 / Do you have a specific target market for your ERISA offering?
6.04 / Do you have access to the target market?
6.05 / What size plans do you expect to serve?
6.06 / What differentiates your ERISA capabilities in the marketplace?
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