R.C. Acosta & Associates CPAs, P.C., an Arizona professional corporation (“CPA Firm”) is a certified public accounting firm providing tax, accounting, attest, bookkeeping, and related services to its clients.
Nelson Law Firm P.C., an Arizona professional corporation (“Law Firm”) is a law firm providing legal services to its clients. Those services include, estate planning, business consulting, and litigation support. The term “Attorney” refers to all employees of the Law Firm who are actively licensed by the Arizona State Bar to practice law in the state of Arizona.
ANF Wealth Management, LLC, an Arizona limited liability company (“Wealth Management Firm”), is a registered investment advisory firm providing investment advice and wealth management services to its clients. The Wealth Management Firm is associated with TD Ameritrade, its custodian of funds. The Wealth Management Firm is also associated with Frost & Associates, which provides insurance services. Legal and tax services are not affiliated with or endorsed by ANF, TD Ameritrade, or Frost & Associates.
CPA Firm, Law Firm, and Wealth Management firm (the “Companies”) may currently or in the future share some common ownership, management, and employees, and they share in common some clients, but the Companies are three separate legal entities, each conducting its own separate activities, and each liable for only its own obligations. Each Company renders different services, and charges separately for those services. The Companies are legal entities separate from, and do not share any common ownership or management with, TD Ameritrade.
No person is obligated to deal with any or all of the Companies. Dealing with any of the Companies creates no duty to deal with the other Companies. Unless otherwise expressly agreed to by a client in writing, dealings with any or all of the Companies can be terminated at any time.
There are other sources from which individuals can purchase the services and/or products offered by or through each of the Companies, and the services and/or products might be less expensive if purchased through those other sources. There are or may be services and/or products which are not available to the Companies, but which are available to a client from other sources, and those services and/or products might be a better fit or price for the client.
A goal shared by each of the three Companies is to provide services with only the best interests of the client in mind. However, each Company, and each person working for the Company, is or may be compensated for services and/or products sold, and the compensation arrangements could be a conflict of interest and potentially compromise or interfere with the independent judgment of the person or Company.
Fees charged by each of the Companies, by TD Ameritrade, and/or by Frost & Associates, Firm Attorneys, or CPA Consultants, depend on the transactions and circumstances involved, and the services clients select. Fees charged by Law Firm or by CPA Firm are generally billed based on hourly or pre-determined fixed charges, plus costs. Fees and commissions charged by Financial Firm, Frost & Associates and TD Ameritrade may be based on a percentage of assets under management, or based on a percentage of the transaction amount (for example, commissions on insurance sales), and/or may be calculated under some other formula (for example, by a fixed or hourly charge, plus costs). Most fees are not set by a third party, and are subject to negotiation. The timing of receipt of fees varies, depending on the nature of the transactions involved. Some fees are received immediately when a transaction occurs, while others may be deferred. Details about the amount and timing of fees are available upon request.
Providers, such as insurance companies and mutual fund companies, may provide direct and/or indirect benefits to Financial Firm, and/or Frost & Associates for selling their products or services to clients. The benefits, and the nature, amounts and timing thereof, may vary. Examples of direct and/or indirect benefits are paid travel, conference and education expenses. All such benefits, if any, could present a potential conflict of interest and therefore will be disclosed to each client prior to, or concurrently, with the signing of any engagement agreements or contracts.
The association, if any, of CPA Consultants with TD Ameritrade is separate and apart from their employment with CPA Firm. CPA Consultants do not provide any accounting services to clients through their association, if any, with TD Ameritrade, Law Firm or Financial Firm. All accounting services, not limited to the following list, are provided through CPA Firm: tax planning and preparation; auditing and bookkeeping services; the reconciliation of checking or other receipt and disbursement records; and the compilation of financial statements. The Companies may outsource data and services to outside service providers, and utilize those third parties to prepare certain tax documentation, contracting with such third parties to maintain the confidentiality of any information disclosed to insure use only for intended purposes.
The association, if any, of Firm Attorneys with Financial Firm is separate and apart from their law practices. Firm Attorneys do not provide legal services to clients through their association with Financial Firm, CPA Firm or Frost & Associates. Some communications between an attorney and his/her client are protected such that the attorney cannot be required to disclose the communications to others. If you hire Law Firm and also discuss matters with CPA Consultants and/or Financial Firm Consultants who are not attorneys, then those discussions with the non-lawyers may not be protected by the attorney/client privilege. Also, if you communicate with an advisor who is a Firm Attorney but also a CPA Consultant or Financial Firm Consultant, then issues could arise as to whether those communications are protected by the attorney/client privilege. CPAs may also have some disclosure protections for clients, which protections are not or may not be available to attorneys or financial advisors. As a result of the foregoing, if you hire any of the Companies you may be waiving some rights and may not have the same protections you would have if you hired other consultants instead.
Services provided to you through Financial Firm, CPA Firm or Frost & Associates are business transactions separate from Law Firm’s representation of you, if any, and none of the other protections afforded to Law Firm clients will apply to those non-legal services, including for instance rules regulating lawyer conflicts of interest, even if the person providing the non-legal services also is a Firm Attorney who receives a financial benefit from the services.
Due to the nature of the relationships involved, and the potential conflicts of interest regarding the representations involved, you are encouraged and advised to obtain a review by separate independent legal counsel before entering into a relationship with any of the Companies.
By engaging any of the Companies, you acknowledge and give your informed consent as follows: (i) you have read, fully understand and agree to the terms of this document, including those appearing above; (ii) you understand that Financial Firm Consultants will be paid commissions or fees if they sell you insurance, or provide you with investment advisory services; (iii) all accounting services provided by CPA Consultants through CPA Firm, including those accounting services listed above, are provided exclusively through and are billed by CPA Firm, and not Law Firm, or Financial Firm; (iv) all legal services provided by Firm Attorneys are provided exclusively through and are billed by Law Firm, and Financial Firm, or CPA Firm; (v) you release and agree to hold TD Ameritrade harmless from any and all liability that may arise from the providing of accounting and/or legal services to you; (vi) you have asked and received answers to any questions you have regarding this document; (vii) you have been advised to seek independent legal counsel in connection with this document and any relationships with the Companies, have had adequate opportunity to obtain such counsel, and have obtained such counsel or elected to waive obtaining such counsel; (viii) you consent to being on the mailing lists for each of the Companies; (ix) the Companies generally operate in electronic format, and unless required by law or specifically agreed to in writing, the Companies do not commit to and do not retain documents or information in paper format, and generally do not retain electronic formats for more than three years; (x) you waive any potential conflicts of interest which may exist; and (xi) there have been no verbal statements made to you in contradiction of this disclosure.
ANF Wealth Management IS A REGISTERED INVESTMENT ADVISER IN THE STATE OF ARIZONA. WE ARE ALLOWED TO DO BUSINESS IN ARIZONA AND OTHER STATES WHERE WE ARE REGISTERED, EXEMPTED OR EXCLUDED FROM REGISTRATION. INFORMATION PRESENTED HERE IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT INTEND TO MAKE AN OFFER OR SOLICITATION FOR THE SALE OR PURCHASE OF ANY SPECIFIC SECURITIES PRODUCT, SERVICE OR INVESTMENT STRATEGY. INVESTMENTS INVOLVE RISK AND UNLESS OTHERWISE STATED, ARE NOT GUARANTEED. BE SURE TO FIRST CONSULT WITH A QUALIFIED FINANCIAL ADVISER, TAX PROFESSIONAL, OR ATTORNEY BEFORE IMPLEMENTING ANY STRATEGY OR RECOMMENDATION DISCUSSED HEREIN.