|
|
|
"TRUST, SERVICE, PERFORMANCE"
|
|
QUARTERLY NEWSLETTER 2010 Q-3
|
|
|
|
|
Trent Capital Management, Inc.
| In today's economic environment, investors want and need advisors they can trust. Trent Capital's professionals are focused on the best interests of our clients. Trent harbors no self-interest that creates conflict within the investment decision process. Our structure eliminates bias, restriction and negative influence in the pursuit of achieving each client's objectives in a prudent process.
Note & Quote
"On 8/13/79 BusinessWeek's cover story was titled "The Death of Equities." The S&P 500 closed at 107 on 8/13/79. The index closed at 1079 on 8/13/10."
(BusinessWeek)
_____________
"You make most of your money in a bear market, you just don't realize it at the time."
Shelby Cullom Davis
|
 |
From Our Investment Team
| |
Our approach to investing can best be summed up in a former
President's charge that "We must adjust to changing times and still hold
to unchanging principles." Our unchanging principles include the
recognition that stocks represent ownership interests in underlying businesses
and that the value of these businesses are determined by the amount of cash they
will generate in the future. However, the research and analytical process
required to predict future cash flows requires constant adjustment to reflect
the changing nature of the competitive and economic landscape.
As a result, we must always be on the lookout for changes that could
dramatically alter the value of companies we might own. For example, while it
is widely assumed that earnings for most companies grow over time, the nature
of competition and capitalism is such that a significant percentage of
companies will in fact earn less money in the future than today. Only a decade or so ago large and profitable companies like General Motors,
Kodak, Citigroup, and Xerox were considered reliable blue-chip investments.
However, since then, the share prices of these "safe" businesses have
declined an average of 89% and three of the four companies reported record
losses in 2009. When studying potential investments, we try to look
beyond reputation and past results, focusing instead on factors that might
increase durability and adaptability, such as balance sheet strength,
competitive advantages, risk of obsolescence, regulatory risk, returns on
capital, pricing power, management incentives, and geographic and product
diversification.
Having just come through one of the worst decades for stock
investors during the last century, commentators and the public are more pessimistic
than ever. The economy is uncertain and most investors feel anxious and
discouraged. For long-term investors, this combination should be as welcome as
a sale at the grocery store. After all, pessimism creates low prices and low
prices lead to high returns. In the words of the great investor Sir John
Templeton, "Bull markets are born on pessimism, grow on skepticism, mature
on optimism, and die on euphoria."
|
 |
Interim Final Regulation Relating to Improved Fee Disclosure for Pension Plans
|
The Employee Retirement Income Security Act (ERISA) requires plan fiduciaries, when selecting and monitoring service providers and plan investments, to act prudently and solely in the interest of the plan's participants and beneficiaries. Responsible plan fiduciaries also must ensure that arrangements with their service providers are "reasonable" and that only "reasonable" compensation is paid for services. Fundamental to the ability of fiduciaries to discharge these obligations is obtaining information sufficient to enable them to make informed decisions about the services, the costs, and the service providers. This interim final rule represents a significant step toward ensuring that pension plan fiduciaries are provided the information they need to assess both the reasonableness of the compensation to be paid for plan services and potential conflicts of interest that may affect the performance of those services.
Background - The Employee Benefits Security Administration (EBSA) is responsible for administering and enforcing the fiduciary, reporting, and disclosure provisions of Title I of the ERISA. - The agency oversees approximately 708,000 private pension plans, including 483,000 participantdirected individual account plans such as 401(k)-type plans. - In recent years, the way services are provided to employee benefit plans and the way service providers are compensated (e.g., through revenue sharing and other arrangements) have become increasingly complex. - Many of these changes may have improved efficiency and reduced the costs of administrative services and benefits for plans and their participants. However, the complexity resulting from these changes also has made it more difficult for many plan sponsors and fiduciaries to understand how and how much service providers are compensated. - Although the Department has issued considerable guidance relating to the obligations of plan fiduciaries in selecting and monitoring service providers, this interim final rule establishes, for the first time, a specific disclosure obligation for plan service providers - a disclosure obligation designed to ensure that ERISA plan fiduciaries are provided the information they need to make better decisions when selecting and monitoring service providers for their plans. - The Department published a notice of proposed rulemaking and related class exemption in December 2007 and held a public hearing on March 31 and April 1, 2008.
Overview of Interim Final Service Provider Disclosure Regulation - The interim final regulation applies only to defined contribution and defined benefit pension plans and focuses on the disclosure of the direct and indirect compensation certain service providers receive. - The interim final regulation applies to plan service providers that expect to receive at least $1,000 in compensation in connection with their services and that provide:
- certain fiduciary or registered investment advisory services;
- recordkeeping or brokerage services to a participant-directed individual account plan in connection with the investment options made available under the plan; or
- certain other services for which indirect compensation is received.
- The rule focuses on service providers and compensation arrangements that are most likely to raise questions for plan fiduciaries with respect to the amount of compensation being received by a service provider for plan-related services and potential conflicts of interests that might compromise the quality of those services. - The interim final regulation also includes a class exemption from the prohibited transaction provisions of ERISA for a plan fiduciary who enters into a contract without knowing that the service provider has failed to comply with its disclosure obligations.
Disclosure Requirements
Disclosure of Services and Compensation - Information required to be disclosed by plan service providers must be furnished in writing to the plan fiduciary. The rule does not require a formal written contract delineating the disclosure obligations. - Information that must be disclosed includes a description of the services to be provided and all direct and indirect compensation to be received by the service provider, its affiliates or subcontractors. Direct compensation is compensation received directly from the plan. Indirect compensation generally is compensation received from any source other than the plan sponsor, the covered service provider, an affiliate, or subcontractor. - Because certain services and costs are so significant or present the potential for conflicts of interest, information concerning those services and costs must be disclosed without regard to whether services are furnished as part of a bundle or package. For example, service providers must disclose whether they are providing recordkeeping services and the compensation attributable to such services, even when no explicit charge for recordkeeping is identified as part of the service contract. - Service providers must disclose whether they are providing any services as a fiduciary to the plan. - Information also must be disclosed about plan investments and investment options. These disclosure obligations are placed on the fiduciaries to investment vehicles that hold plan assets and on recordkeepers and brokers who, through a platform or other mechanism, facilitate the investment in various options by participants in individual account plans, such as 401(k) plans.
Ongoing Disclosure Obligations - Changes: A service provider generally must disclose a change to the initial information required to be disclosed as soon as practicable, but no later than 60 days from the date on which the covered service provider is informed of such change. - Reporting and Disclosure Requirements: Service providers also must, upon request, disclose compensation or other information related to their service arrangements that is requested by the responsible plan fiduciary or plan administrator in order to comply with ERISA's reporting and disclosure requirements.
Benefits of Interim Final Regulation - The Department estimates that the rule will be economically significant. The non-discountedcosts for the first year are estimated to be approximately $153 million. - The first year costs are attributable to reviewing and analyzing the regulation, conducting acompliance review to ensure that service providers comply with the regulation, and preparing anynew disclosures required by the regulation. Costs in the second and subsequent years are expectedto fall to an estimated $37 million. - The Department estimates that benefits would result from reduced time and cost for fiduciaries toobtain compensation information needed to fulfill their fiduciary duties, the discouragement of 3 harmful conflicts of interest, reduced information gaps, improved decision-making by fiduciaries about plan services, enhanced value for plan participants, and increased ability to redress abuses committed by service providers.
Public Notice and Comment on the Interim Final Regulation The interim final regulation will be published in the Federal Register on July 16, 2010. The Department invites public comments from interested persons on the regulation by August 30, 2010, and specifically requests input on the feasibility and cost effectiveness of requiring plan service providers furnish to plan fiduciaries a summary disclosure statement as part of the regulation. Public comments can be submitted electronically by email to e-ORI@dol.gov or by using the Federal eRulemaking portal at www.regulations.gov. Persons interested in submitting comments on paper should send or deliver their comments to: Office of Regulations and Interpretations, Employee Benefits Security Administration, Room N-5655, U.S. Department of Labor, 200 Constitution Ave., N.W., Washington, DC 20210, Attention: 408(b)(2) Interim Final Rule. All comments will be available to the public, without charge, online at www.regulations.gov and www.dol.gov/ebsa, and at the EBSA Public Disclosure Room.
Effective Date The final regulation is effective for contracts or arrangements between plans and service providers as of July 16, 2011.
Contact Information For questions about the regulation, contact EBSA's Office of Regulations and Interpretations at (202)693-8500.
|
 | Questions Investors Should Ask
|
Before you entrust your financial wealth to any individual or
firm [there are many levels of both], ask questions. You should understand
the critical differences between a RIA [Registered Investment Advisor such as Trent Capital] and
a broker, a broker/dealer, a Registered Representative, an Investment
Advisor Representative, a Certified Financial Planner, and a host of other
acronyms and titles that have various obligations and latitudes in carrying out
their services. Don't assume that "big brother" is looking out
for you and checking closely on the honesty and reputation of everyone
operating under the guise of a license or a company that is perceived to be
straight up. These assumptions are how investors end up being subjects of
abuse by many unscrupulous, but duly licensed scam artists and greedy
practitioners of shaky financial planning and tenuous investment advisory
services. Here are some questions to which you need to obtain short and
easily offered answers: 1. Are you a Fiduciary? If the response from the
prospective advisor is not simply a quick "yes".... then go
elsewhere. If they won't show you the document where this is stated, or
will not provide you a signed copy, then move on. Among other
directives, a Fiduciary is obligated to act in the best interests of
his/her client all the time, not just when convenient or possible to do
so. There are numerous restrictive conditions in many firms that prohibit
an individual advisor from committing to fiduciary
responsibilities in far too many investment firms that offer
investment services. 2. Who is your target client? All too often so
called advisors try to be all things to all people. Understand the
vast differences between a "money manager" and the role of a broker.
Ask the advisor to inform you in detail of his/her investment
philosophy. Find out how they think, what their typical portfolio may
look like if you hire them. Don't just assume that they do know everything about everything. 3. How do you get paid? This may be the most important
question you can ask. If the advisor is paid by those in whose product
they invest, or is compensated by transactional commissions, look
elsewhere. The advisor should be compensated in a fee only manner, which
perfectly aligns their own source of increased revenue perfectly
with increasing your base of wealth. Incentives in place that alter this
focus can only increase the investors cost, which results in lower
performance. 4. Where is my money kept? Had this question only been
asked by those whose futures were sadly ruined in the Maddoff scandal and
others like it, so many investors might have saved their fortunes.
Your money and your adviser should be separate, with your assets held by an
authorized and neutral third party custodian. If the money you
place with an advisor is not fully insured by a custodial/trust firm
authorized to do so, then walk away quickly. 5. What conflicts of interest do you have? You,
the investor, have a right to know when conflicts of interest exist
with any advisor. Know if the advisor sells proprietary
products. Many advisors collect fees from the investor, and double-dip by
getting commissions and/or other types of fees from those firms whose products
they sell. Soft-dollar cost savings [e.g. reduction in costs
for services rendered to the advisor] too often direct investments.
Participation in "sales incentive bonuses" create biases to the
investor's detriment. Investment banking relationships can be
negatively influential. Restrictive "selling agreements for
shelf-space fees" can substantially reduce opportunity of higher
returns. If you sense any attempt to skirt discussion about conflicts
of interest, keep asking questions until you are satisfied. Ask for your
advisors ADV Part II, which is a SEC Regulatory Document that discloses
services, fees and investment strategies. But continue to ask questions
until you are comfortable that no conflicts exist, or at least until you are aware
of them. Being thorough in one's investigative
process for determining with whom you will be best served in
managing your money will potentially save some sorrowful regrets
later. Be an informed investor.......ask a lot of questions.
|
 |
Check Your State's Unclaimed Property Fund
| |
State Treasuries hold unclaimed property worth $32.8
billion, which typically include bank accounts, contents of safe deposit boxes,
dividend or payroll checks, refunds for goods or services, insurance payments,
annuities, trust distributions, unredeemed money orders or gift certificates
utility security deposits and escrow accounts.
Assets land is state treasuries because state laws declare
property abandoned after a period of inactivity, typically three to five
years. During that time, banks and other
holders of such property are required to try and contact the owners. If they are unsuccessful, they must turn the
assets over to the state. People can
lose track of property unintentionally when they move or change their names
after they marry or divorce. Sometimes
an owner dies and his or her heirs fail to claim assets left to them because
they don't know about the inheritance.
To search for assets, you can either go to www.missingmoney.com or Google your home
state's unclaimed property fund, which is continuously refreshed. There is no time limit for claiming your
assets.
|
|
|
|
|
For a review of your current investment programs from our team of professionals, please give us a call at 336-282-9302
|
WARNING: The information contained in this
electronic message is CONFIDENTIAL and privileged. It is
unlawful for unauthorized persons to view, copy, disclose, or disseminate
CONFIDENTIAL information. This electronic message
may contain information that is confidential and/or legally privileged. It is
intended only for the use of the individual(s) and/or entity named as recipients
in the message. If you are not an intended recipient of this message, please
notify the sender immediately and delete this material from your computer. Do
not deliver, distribute or copy this message, and do not disclose its contents
or take any action in reliance on the information that it contains.
|
|
|
|
|
|