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"TRUST, SERVICE, PERFORMANCE"
QUARTERLY NEWSLETTER                                                                                   2010 Q-3
In This Issue
From Our Investment Team
Fee Disclosure for Pension Plans
Questions Investors Should Ask
Unclaimed Property Fund
Quick Links


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 a
compliance 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

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