Overview

Assets Under Management: $255 million
Headquarters: PRINCETON, NJ
High-Net-Worth Clients: 54
Average Client Assets: $6 million

Services Offered

Services: Financial Planning, Portfolio Management for Individuals

Clients

Number of High-Net-Worth Clients: 54
Percentage of Firm Assets Belonging to High-Net-Worth Clients: 100.00
Average High-Net-Worth Client Assets: $6 million
Total Client Accounts: 283
Non-Discretionary Accounts: 283

Regulatory Filings

CRD Number: 169687
Last Filing Date: 2024-03-27 00:00:00
Website: https://access-wealth.com

Form ADV Documents

Primary Brochure: 2024 BROCHURE (2025-03-31)

View Document Text
EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 601 Ewing Street Suite A-7 Princeton, NJ 08540 Phone: 609-921-1016 Fax: 609-921-2681 Web Site: www.EKSassociates.com March 2025 Form ADV Part 2A Brochure This brochure provides information about the qualifications and business practices of EKS Associates. If you have any questions about the contents of this brochure, please contact us at 609-921-1016 or 973-740-2400. The information in this brochure has not been approved or verified by the United States Securities and Exchange Commission or by any state securities authority. information about EKS Associates also is available on the SEC’s website at Additional www.adviserinfo.sec.gov. The searchable IARD/CRD number for EKS Associates is 169687. EKS Associates is a Registered Investment Adviser. Registration with the United States Securities and Exchange Commission or any state securities authority, or the use of the term “registered” does not imply a certain level of skill or training. 1 EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 Item 2: Material Changes This section of the brochure highlights specific material changes made since the last update and offers clients a concise summary of these modifications. The most recent update to our brochure was on March 31, 2024. Clients are encouraged to request a copy of the Form ADV Part 2A at any time, free of charge. Requests can be made by sending a written notice to our Chief Compliance Officer at 601 Ewing Street, Suite A- 7, Princeton, NJ 08540, or via email at thagberg@EKSassociates.com. 2 EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 Item 3: Table of Contents Item 2: Material Changes ......................................................................................................................... 2 Item 3: Table of Contents ......................................................................................................................... 3 Item 4: Advisory Business ......................................................................................................................... 4 Item 5: Fees and Compensation ............................................................................................................... 6 Item 6: Performance-Based Fees and Side-by-Side Management ........................................................... 7 Item 7: Types of Clients ............................................................................................................................ 8 Item 8: Methods of Analysis, Investment Strategies and Risk of Loss ..................................................... 9 Item 9: Disciplinary Information ............................................................................................................. 10 Item 10: Other Financial Industry Activities and Affiliations .................................................................. 11 Item 11: Code of Ethics, Participation or Interest in Client Transactions and Personal Trading ........... 12 Item 12: Brokerage Practices .................................................................................................................. 14 Item 13: Review of Accounts .................................................................................................................. 18 Item 14: Client Referrals and Other Compensation ............................................................................... 19 Item 15: Custody ..................................................................................................................................... 20 Item 16: Investment Discretion .............................................................................................................. 21 Item 17: Voting Client Securities ............................................................................................................ 22 Item 18: Financial Information ............................................................................................................... 23 Item 19. Requirements for State Registered Advisers .............................. Error! Bookmark not defined. Item 20. Additional Information ................................................................ Error! Bookmark not defined. 3 EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 Item 4: Advisory Business The United States Securities and Exchange Commission granted the investment adviser registration of EKS Associates (“EKS”) on August 26, 2014. The company was formed in October 2013. The firm’s principal owners are Darren Zagarola (CRD # 5121491), Howard Milove (CRD # 3230483) and Howard Hook (CRD # 4199828). Tracy A. Hagberg (CRD Number 1841992) is Chief Compliance Officer of the firm. The firm is not publicly owned or traded. The firm manages each client’s portfolio on an individualized basis, tailoring our services to the individual needs of clients. Clients can impose restrictions on investing in certain securities or types of securities. The firm does not sponsor any wrap programs. The amount of our assets under management as of December 31, 2024, is $300,381,294 which represents 294 accounts. Financial Planning We offer our clients a comprehensive range of financial planning services that are tailored to their specific needs and goals. Through a thorough analysis of their financial resources, we provide our clients with personalized financial programs that cover their present and future assets and liabilities, including insurance, savings, investments, and retirement benefits. Our financial planning services go beyond providing general recommendations for our clients. We provide specific actions that clients can take to achieve their financial objectives, such as acquiring insurance coverage, setting up an individual retirement account, or investing in certain securities. We also offer ongoing financial counseling, account reviews, securities research, and other advisory services related to investments. If needed, we can recommend the services of other professionals to implement our recommendations. However, our clients are not obligated to use any recommended professionals, and they retain absolute discretion over all such decisions. The scope of our financial planning services is outlined in the Financial Planning Agreement (“Agreement”) that clients sign with us. We strongly encourage our clients to renew their financial planning services annually to review and update our previous recommendations and services, ensuring that their financial plans remain aligned with their evolving needs and goals. 4 EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 Investment Implementation and Management At times, we offer customized investment implementation services to our clients. We take the responsibility of making recommendations based on their financial plan and specific needs. After making recommendations, if our clients accept them, we implement them by executing the purchase or sale. However, we do not exercise discretionary authority, meaning all recommendations require approval from the client before implementation. The Agreement the clients sign with us outlines the investment implementation and asset management services we offer. This Agreement ensures transparency and clarity in our services, allowing clients to understand the scope and terms of our engagement. Investment Advisory Services We offer investment advisory services aimed at constructing portfolios that achieve the highest possible returns without exceeding the client's risk tolerance. We review the client's asset allocation and provide advice on it, including regular supervisory and management services, economic advisory letters, articles, and other written materials. We monitor the client's investments and provide guidance on the investment and reinvestment of designated assets. Our investment advisory services do not require a minimum account balance. The fees are paid quarterly in advance. The client’s Agreement can be terminated by either the client or us at any time by written notice. Our investment advisory services are provided on a non-discretionary basis, as specified in the client’s Agreement. Since asset management is only done on a non-discretionary basis, we can only execute transactions with the client's prior approval after providing recommendations. We strive to provide investment advisory services that meet our clients' specific needs and goals. Our investment approach is transparent, and we prioritize clear communication with our clients to ensure that they understand the services and fees involved. 5 EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 Item 5: Fees and Compensation The firm offers its services on a flat fee basis, as outlined in the Agreement. The billing frequency will also be specified in the Agreement, which can be terminated at any time. If the contract is terminated within five business days of signing the Agreement or as otherwise required by law, a full refund of any fees paid will be made. The firm's fees differ from client to client and are generally non-negotiable. Clients may be subject to certain charges imposed by the custodians that hold their assets or that relate to holdings in a client's account, which are exclusive of and in addition to the fees charged by EKS. Such charges and fees include custodial fees, transaction fees, charges imposed directly by a mutual fund or exchange-traded fund ("ETF") in the account, deferred sales charges, wire transfer, and electronic fund fees. EKS does not receive any portion of these fees. For more information on Brokerage Practices, please refer to Item 12. One of EKS's associated persons, Howard Milove, is a registered representative of Purshe Kaplan Sterling Investments ("PKS"), which is an SEC registered broker-dealer, Member of FINRA and the Municipal Rulemaking Board. Howard Milove will not accept compensation for the sale of securities or other investment products to the clients of EKS. Therefore, we do not believe that this arrangement creates a conflict of interest. 6 EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 Item 6: Performance-Based Fees and Side-by-Side Management Our firm does not charge performance-based fees, which are fees based on a share of capital gains or capital appreciation of the assets of a client. We believe that charging such fees creates conflicts of interest between our clients and us. Instead, our compensation is a flat fee, as outlined in our Agreement with the client. 7 EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 Item 7: Types of Clients EKS offers its services to a wide range of clients, including individuals, high net worth individuals, pension and profit-sharing plans, trusts, estates, charitable organizations, corporations, and other business entities. We are committed to providing personalized services that cater to the unique needs and goals of each client. While we do not require a minimum portfolio size, we do require all clients to enter into a formal services Agreement that outlines the specific services to be provided. 8 EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 Item 8: Methods of Analysis, Investment Strategies and Risk of Loss We take a long-term approach to financial planning, considering a client's short-term cash needs, emergency fund, and insurance coverage before designing an investment strategy that aligns with their long-term financial goals. Our goal is to ensure that our clients' investments are tailored to their financial objectives. To achieve future financial security, we create customized investment portfolios based on each client's cash needs and risk tolerance, using asset allocation techniques. Our preferred investment vehicles are mutual funds and ETFs, taking into account the client's existing investment holdings, whether or not they are managed by EKS. If necessary, we recommend individual bonds or certificates of deposit to meet a client's cash needs. However, we do not recommend the purchase of individual stocks for a client's portfolio and will recommend selling a portion or all of any individual stock holdings if they represent greater than 10% of the total portfolio value. Clients should be aware that investing in securities involves risk, and they should be prepared to bear potential losses. EKS has an inherent conflict of interest related to the relationship with Access Wealth Planning, LLC (“Access”). Certain principal owners of EKS are also principal owners of Access. This creates a conflict of interest, as there may be a financial incentive for EKS to refer clients to Access, as they would have personal financial gain. Additionally, there is a conflict where being an employee of Access may potentially take away from an employee’s ability to conduct business for EKS. EKS attempts to mitigate these conflicts of interest by requiring employees to acknowledge the firm’s Code of Ethics and remind them of their individual fiduciary duty to the clients of EKS, which requires that employees to put the interests of their clients above their own. 9 EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 Item 9: Disciplinary Information We are obligated to inform our clients and prospective clients of any legal or disciplinary events that could materially affect their assessment of our advisory business or the integrity of our management. EKS has nothing to report on this item. 10 EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 Item 10: Other Financial Industry Activities and Affiliations We are required to disclose any relationships or arrangements that are material to our advisory business with certain related persons. Registered Representative of a Broker Dealer As discussed in Items 5 and 12, Howard Milove, an EKS supervised person, is a registered representative of PKS. Please refer to those sections for additional disclosures related to this relationship. Other Investment Adviser Darren Zagarola, Howard Milove and Howard Hook are owners and Investment Advisory Representatives (IAR) of Access Wealth, an SEC registered investment adviser that provides financial planning and investment advisory services. EKS and Access have a business agreement, whereby EKS has hired Access to provide back-office and administrative services and support for a fee. Tax Preparation All associated persons of EKS are Certified Public Accountants (“CPAs”). Howard Hook prepares tax returns for individuals who are not clients of EKS. His tax business is not promoted through EKS. 11 EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 Item 11: Code of Ethics, Participation or Interest in Client Transactions and Personal Trading As a fiduciary, EKS and its associates have a duty of utmost good faith to act solely in the best interests of each client. Our clients entrust us with their funds and personal information, which places a high standard on our conduct and integrity. Our fiduciary duty is a core aspect of our Code of Ethics and represents the expected basis of all our dealings. Code of Ethics Description: Our Code of Ethics is designed to ensure that we act with the highest standards of ethical behavior and professionalism. It is not intended to identify all possible conflicts of interest, and associated persons are still liable for personal trading or other conduct that violates their fiduciary duty to advisory clients. A summary of the Code of Ethics’ Principles is outlined below: • Integrity – We shall offer and provide professional services ethically, honestly, and fairly. • Objectivity – We shall be objective in providing professional services to clients. • Competence – We shall provide services to clients competently and maintain the necessary knowledge and skill to continue to do so in those areas in which we are engaged. • Fairness – We shall perform professional services in a manner that is fair and reasonable to clients and shall disclose conflicts of interest in providing such services. • Confidentiality – We shall not disclose confidential client information without the specific consent of the client, except in response to proper legal process, or as required by law. We periodically review and update our Code of Ethics to ensure that it remains current and relevant, and we require all firm access persons to attest to their understanding of and adherence to the Code of Ethics at least annually. We are happy to provide a copy of our Code of Ethics to any client or prospective client upon request. Participation or Interest in Client Transactions We and our related persons can buy or sell securities that are the same, similar, or different from those we recommend to clients. Recommendations vary between clients due to differing objectives and risk tolerances. However, we ensure that neither we nor any related party receives preferential treatment over our clients. 12 EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 Personal Trading To avoid conflicts of interest, we may restrict or prohibit associates from trading certain securities. Any exceptions must be approved by our Chief Compliance Officer beforehand, and we keep records of all personal securities transactions as required by regulations. 13 EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 Suggestion of Broker Item 12: Brokerage Practices Charles Schwab EKS does not maintain custody of your assets that we manage. Your assets must be maintained in an account at a “qualified custodian”, generally a broker-dealer or bank. We recommend that our clients use Charles Schwab & Co., Inc. (“Schwab”), a registered broker-dealer, member SIPC, as the qualified custodian. We are independently owned and operated and are not affiliated with Schwab. Schwab will hold your assets in a brokerage account and buy and sell securities when we instruct them to. While we recommend that you use Schwab as custodian/broker, you will decide whether to do so and will open your account with Schwab by entering into an account agreement directly with them. Conflicts of interest associated with this arrangement are described below as well as in Item 14 (Client Referrals and Other Compensation). You should consider these conflicts of interest when selecting your custodian. We do not open an account for you, although we may assist you in doing so. If you do not wish to place your assets with Schwab, then we cannot manage your account. How We Select Brokers/Custodians We seek to select a custodian/broker that will hold your assets and execute transactions. When considering whether the terms that Schwab provides are, overall, most advantageous to you when compared with other available providers and their services, we consider a wide range of factors including: 1. Combination of transaction execution services and asset custody services (generally without a separate fee for custody). 2. Capability to execute, clear and settle trades (buy and sell securities for your account). 3. Capability to facilitate transfers and payments to and from accounts (wire transfers, check requests, etc.) 4. Breadth of available investment products (stocks, bonds, mutual funds, exchange-traded funds, etc.) 5. Availability of investment research and tools that assist us in making investment decisions. 6. Quality of services. 7. Competitiveness of the price of those services (commission rates, margin interest rates, other fees, etc.) and willingness to negotiate the prices. 8. Reputation, financial strength, security and stability. 9. Prior service to us and our clients. 14 EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 10. Availability of other products and services that benefit us, as discussed below (see “Products and Services Available to us from Schwab). Your Brokerage and Trading Costs For our client accounts that Schwab maintains, Schwab generally does not charge you separately for custody services but is compensated by charging you commissions or other fees on trades that it executes or that settle into your Schwab account. Certain trades (for example, many mutual funds, and U.S. exchange-listed equities and ETFs) may not incur Schwab commissions or transaction fees. Schwab is also compensated by earning interest on the uninvested cash in your account in Schwab’s Cash Features Program. In addition to commissions, Schwab charges you a flat dollar amount as a “prime broker” or “trade away” fee for each trade that we have executed by a different broker-dealer but where the securities sold are deposited (settled) into your Schwab account. These fees are in addition to the commissions or other compensation you pay the executing broker-dealer. Because of this, in order to minimize your trading costs, we have Schwab execute most trades for your account. We are not required to select the broker or dealer that charges the lowest transaction cost, even if that broker provides execution quality comparable to other brokers or dealers. Although we are not required to execute all trades through Schwab, we have determined that having Schwab execute most trades is consistent with our duty to seek “best execution” of your trades. Best execution means the most favorable terms for a transaction based on all relevant factors, including those listed above (see “How We Select Brokers/Custodians”). By using another broker or dealer you may pay lower transaction costs. Products and Services Available to us from Schwab Schwab Advisor Services™ is Schwab’s business serving independent investment advisory firms like ours. They provide us and our clients with access to their institutional brokerage services (trading, custody, reporting and related services), many of which are not typically available to Schwab retail customers. However, certain retail investors may be able to get institutional brokerage services from Schwab without going through our firm. Schwab also makes available various support services. Some of those services help us manage or administer our clients’ accounts, while others help us manage and grow our business. Schwab’s support services are generally available at no charge to us. Following is a more detailed description of Schwab’s support services: Services that benefit you. Schwab’s institutional brokerage services include access to a broad range of investment products, execution of securities transactions and custody of client assets. The investment products available through Schwab include some to which we might not otherwise have access or that 15 EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 would require a significantly higher minimum initial investment by our clients. Schwab’s services described in this paragraph generally benefit you and your account. Services that do not directly benefit you. Schwab also makes available to us other products and services that benefit us but do not directly benefit you or your account. These products and services assist us in managing and administering our clients’ accounts and operating our firm. They include investment research, both Schwab’s own and that of third parties. We use this research to service all or a substantial number of our clients’ accounts, including accounts not maintained at Schwab. In addition to investment research, Schwab also makes available software and other technology that: 1. Provide access to client account data (such as duplicate trade confirmations and account statements. 2. Facilitate trade execution and allocate aggregated trade orders for multiple client accounts. 3. Provide pricing and other market data. 4. Facilitate payment of our fees from our clients’ accounts. 5. Assist with back-office functions, record keeping and client reporting. Services that generally benefit only us. Schwab also offers other services intended to help us manage and further develop our business enterprise. These services include: 1. Educational conferences and events. 2. Consulting on technology and business needs. 3. Publications and conferences on practice management and business succession. 4. Access to employee benefits providers, human capital consultants and insurance providers. 5. Marketing consulting and support. Schwab provides some of these services itself. In other cases, it will arrange for third-party vendors to provide the services to us. Schwab also discounts or waives fees for some of these services or pays all or a part of a third party’s fees. Schwab also provides us with other benefits, such as occasional business entertainment for our personnel. If you did not maintain your account with Schwab, we would be required to pay for these services from our own resources. Our Interest in Schwab’s Services The availability of these services from Schwab benefits us because we do not have to produce or purchase them. We do not have to pay for Schwab’s services. The fact that we receive these benefits from Schwab is an incentive for us to recommend the use of Schwab rather than making such decision based exclusively on your interest in receiving the best value in custody services and the most favorable execution of your transactions. This is a conflict of interest. We believe, however, that taken in the aggregate, our selection of Schwab as custodian and broker is in the best interest of our clients. Our 16 EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 selection is supported by the scope, quality and price of Schwab’s services and not Schwab’s services that benefit only us. When feasible EKS will aggregate client trades, and prices shall be allocated evenly among participating client accounts. 17 EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 Item 13: Review of Accounts As we cater to various types of clients, our review process is tailored accordingly: 1. For Retainer Clients, your accounts undergo quarterly reviews. During these sessions, we assess your financial status, revise your goals, and provide additional recommendations as necessary. 2. Semi-Annual Retainer Clients receive reviews twice a year. Similar to quarterly reviews, we evaluate your financial status, adjust your goals, and offer further recommendations as needed. Update Clients benefit from reviews conducted as frequently as desired. Our team conducts thorough assessments of your financial status, goal updates, and provides recommendations. Each client is paired with a dedicated planner who conducts these reviews, with a secondary planner performing a final review for comprehensive oversight. 18 EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 Item 14: Client Referrals and Other Compensation EKS receives an economic benefit from Schwab in the form of the support products and services it makes available to us and other independent investment advisors whose clients maintain their accounts at Schwab. We benefit from the products and services provided because the cost of these services would otherwise be borne directly by us, and this creates a conflict. You should consider these conflicts of interest when selecting a custodian. These products and services, how they benefit us, and the related conflicts of interest are described above (see Item 12 – Brokerage Practices). 19 EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 Item 15: Custody Schwab maintains actual custody of your assets. You will receive account statements directly from Schwab at least quarterly. They will be sent to the email or postal mailing address you provided to Schwab. You should carefully review those statements promptly when you receive them. We also urge you to compare Schwab’s account statements with the periodic reports that you will receive from us. 20 EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 Item 16: Investment Discretion EKS cannot have the authority to exercise investment discretion on behalf of clients. This means that we cannot make transactions for clients without seeking their consent. Since we do not have discretionary authority, we must receive permission from the client prior to securities to be purchased or sold. 21 EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 Item 17: Voting Client Securities EKS does not vote proxies on behalf of clients as part of our firm policy. Clients are responsible for voting their own proxies, and proxies and solicitations are sent to clients directly by the custodian or issuing company. If a client requests assistance with voting proxies, we will provide recommendations to them. However, if a conflict of interest exists, we will disclose it to the client. 22 EKS Associates Form ADV Part 2A Brochure IARD/CRD # 169687 SEC File # 801-80182 March 2025 Item 18: Financial Information EKS does not foresee any financial condition that would impair our ability to meet contractual commitments to clients. Additionally, we do not require or solicit payment of fees more than $1,200 per client more than six months in advance of services rendered. 23