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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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Form ADV Part 2A
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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).
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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.
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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.
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IARD/CRD # 169687
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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.
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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.
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