Smart Wealth, LLC

Part 2A of Form ADV: Firm Brochure SMART Wealth, LLC 13815 FNB Parkway, Suite 400 Omaha, NE 68154 402.369.7777 www.retiresmartnow.com April 15, 2026 This brochure provides information about the qualifications and business practices of SMART Wealth, LLC (herein after referred to “SMART Wealth”). If you have any questions about the contents of this brochure, please contact us at (402) 369-7777 or compliance@retiresmartllc.com. 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. Additional information about our firm is available on the SEC's website at www.adviserinfo.sec.gov. Registration does not imply any level of skill or training. Page | 1 Part 2A of Form ADV: SMART Wealth, LLC Brochure  Item 2: Material Changes SMART Wealth is required to amend this Brochure when information becomes materially inaccurate. This section describes the material changes to SMART Wealth’s Part 2A of Form ADV (“Part 2A Brochure” or “Firm Brochure” or “Brochure”). It is used to provide you with a summary of new and/or updated information since the previous Brochure was published. We will ensure that you receive a summary of any material changes to this and subsequent Brochures within 120 days of the close of our fiscal year. We will also provide you with other interim disclosures about material changes to the information provided in this Brochure as necessary or required. Whenever you would like to receive a complete copy of the current Brochure, please contact our compliance department at (402) 369-7777 or compliance@retiresmartllc.com. We will be happy to provide you with a complete copy. The following material changes to this Brochure have occurred since its last annual amendment was made on March 28, 2025: Item 4: Advisory Business Added a new subsection, “Private Wealth Partners Division,” describing the launch of a dedicated marketing division focused on serving high-net-worth households ($5M and up). Private Wealth Partners is not a separate legal entity but operates within SMART Wealth to offer tailored advisory solutions to affluent clients. We also added a disclosure regarding SMART Wealth’s role as sub-adviser to the SMARTWay ETFs (SMART Trend 25 ETF and SMART Earnings Growth 30 ETF). The update explains that clients’ portfolios may include these ETFs, and although this creates a compensation conflict, any sub- advisory fees attributable to retail managed account clients are offset against their advisory fees to prevent duplicate charges. We also clarified that clients can instruct us in writing not to invest their accounts in these ETFs. Item 5: Fees and Compensation Updated and expanded the description of financial planning fee ranges. The fee for financial planning services now varies based on engagement complexity and client circumstances. Most individual and family financial plans generally range from $1,800 to $9,500, while Qualified High Net Worth Clients (those with more than $5 million in investable assets), business owners, or clients requiring advanced planning typically range from $12,000 to $75,000. The exact fee is quoted in writing and agreed to prior to the start of services. Item 7: Types of Clients Revised minimum account size policy. Households with less than $133,334 in assets under management are now subject to a minimum annual fee of $2,000, billed monthly in arrears. This change replaces the previous statement that the firm does not currently have a minimum account size. Page | 2 Part 2A of Form ADV: SMART Wealth, LLC Brochure  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 .................................................................................................................. 7 Item 6: Performance-Based Fees and Side-by-Side Management...................................... 11 Item 7: Types of Clients ............................................................................................................................... 12 Item 8: Methods of Analysis, Investment Strategies, and Risk of Loss ........................ 12 Item 9: Disciplinary Information ............................................................................................................. 14 Item 10: Other Financial Industry Activities and Affiliations ............................................... 14 Item 11: Code of Ethics, Participation or Interest in Client Transactions and Personal Trading............................................................................................................................ 16 Item 12: Brokerage Practices .................................................................................................................... 18 Item 13: Review of Accounts .................................................................................................................... 21 Item 14: Client Referrals and Other Compensation .................................................................... 22 Item 15: Custody ............................................................................................................................................... 23 Item 16: Investment Discretion ................................................................................................................ 24 Item 17: Voting Client Securities ............................................................................................................. 24 Item 18: Financial Information .................................................................................................................. 24 Page | 3 Part 2A of Form ADV: SMART Wealth, LLC Brochure  Item 4: Advisory Business Description of the Firm SMART Wealth, LLC ("SMART Wealth"), is an investment adviser registered with the United States Securities and Exchange Commission ("SEC") and is a Nebraska limited liability company founded in 2020 with its principal place of business in Nebraska and is solely owned by David Andrew Brooks, Sr. The firm’s initial registration with the Securities & Exchange Commission was approved on September 23, 2021. Registration as an investment adviser with the SEC does not imply a certain level of skill or training. We are a financial services firm helping individuals create retirement strategies using a variety of investment and insurance products to custom suit their needs and objectives. Private Wealth Partners Division SMART Wealth recently launched a dedicated marketing division, Private Wealth Partners, which aims to attract and serve high-net-worth households ($5M and up) through a focused branding and marketing strategy. Private Wealth Partners is not a separate legal entity but is part of SMART Wealth's commitment to offering tailored advisory solutions for affluent clients. Clients served by Private Wealth Partners are clients of SMART Wealth, LLC. Description of Services Offered SMART Wealth offers Retirement Income Strategies and Investment Advisory/Portfolio Management Services as well as Financial Planning and Consulting Services as follows: Retirement Income Strategies / Investment Advisory / Portfolio Management Services Our firm offers continuous and ongoing investment advice and portfolio management services. Investment planning is designed to provide a retirement roadmap of income and expenses over the client's life. Our advice and services are tailored to meet our client's individual needs, life circumstances and investment goals. We conduct a vision meeting initially, and subsequent meetings, as necessary, (in person, telephone, or video conference, or via email) with clients in order to understand their current financial situation, existing resources, financial goals, investment objectives, risk tolerance, time horizons and liquidity needs. The primary investment management service we provide is a discretionary asset management program. Clients participating in this program are generally placed in a model overseen by a financial professional at our firm and sub-advised by a third-party investment adviser. Under this program, SMART Wealth, and any sub-advisers we hire to manage the assets in your account are authorized to buy and sell investments in the account without asking you in advance. We will monitor the portfolio's performance on an ongoing and continuous basis, unless otherwise agreed, and will make adjustments and reallocations as necessary due to changes in market conditions with reference to your investment objectives, goals, risk threshold, and appropriateness of any given model. Clients have the ability to impose reasonable restrictions and guidelines on investing in certain securities, types of securities or industry sectors. We expect all such restrictions to be timely communicated to us. Client restrictions and guidelines could negatively affect investment performance. Page | 4 Part 2A of Form ADV: SMART Wealth, LLC Brochure  Clients must inform us of any changes to their financial circumstances, investment objectives or risk tolerance, or of any modifications or restrictions that are imposed on the management of the client's account. In this manner, our firm can better serve clients' needs. On a case-by-case basis, we provide non-discretionary asset management services where appropriate. For these services, we will receive a limited power of attorney to effect securities transactions on your behalf and we will continue to make investment recommendations based on your individualized investment strategy. However, unlike discretionary accounts, we would first be required to obtain your approval before placing any orders with your custodian in order for said custodian/brokerage to execute any transactions. Requests for approval will be communicated via electronic mail to an authorized account or via a telephone call to an authorized phone number.The client will be responsible for responding in a timely manner as no trade orders will be placed for non- discretionary client accounts without verbal confirmation either in person or on a telephone call. Our services encompass asset management designed to assist clients in meeting their retirement financial goals using financial investments. We explore different types of investment options and strategies in the design of a client’s portfolio. Our investment recommendations are not limited by any specific product or service. Below is a list of commonly recommended investment vehicles. • Exchange listed securities and over the counter traded securities • Mutual funds • Exchange-traded fund shares • Commodities • Separate accounts; and • Money market funds and other cash instruments We will also provide advice regarding the following security types: • Certificates of deposit • Corporate debt securities • Municipal securities • U.S. governmental securities • Variable (No-Load) annuity products • Life Insurance Products Each type of security has its own unique set of risks associated with it, and it would not be possible to list all the specific risks of every type of investment. Even within the same type of investment, risks can vary widely. However, in very general terms, the higher the anticipated return of an investment, the higher the risk of loss associated with it. Because some types of investments involve certain additional degrees of risk, they will only be recommended and implemented when consistent with the client's risk tolerance, investment objectives, and where the investment is determined to be suitable. Sub-Adviser to SMARTWay ETFs Page | 5 Part 2A of Form ADV: SMART Wealth, LLC Brochure  SMART Wealth sponsors and serves as the sub-adviser to one or more exchange traded funds known as SMART Trend 25 ETF (STRN) and the SMART Earnings Growth 30 ETF (SGRT) (collectively “The Funds” or “SMARTWay ETFs”). As sub-adviser, SMART Wealth is responsible for the day-to-day management of the SMARTWay ETFs’ portfolios pursuant to sub-advisory agreements with the ETFs’ adviser and/or trust. Clients of SMART Wealth may be invested in the SMARTWay ETFs as part of their managed account. This presents a conflict of interest because SMART Wealth receives compensation from the ETFs (via sub-advisory fees) and also charges advisory fees to client accounts that hold these ETFs. To mitigate this conflict, SMART Wealth offsets any sub-advisory fees it receives from a SMARTWay ETF against the advisory fees charged to a retail client’s account when that client’s assets are invested in the ETF. Thus, retail managed account clients do not bear duplicative compensation. Other investors who access the SMARTWay ETFs through unaffiliated advisers or brokerage platforms will not receive such offsets, as SMART Wealth does not charge them an additional advisory fee. SMART Wealth will only recommend or allocate to the SMARTWay ETFs when it reasonably believes doing so is in the client’s best interest. A client receiving portfolio management services from SMARTWealth may request in writing that SMART Wealth abstain from investing in SMARTWay ETFs. Financial Planning and Financial Consulting Services Our firm also provides financial planning and consulting services. Depending on your particular circumstance, such services could include a comprehensive evaluation of your financial situation by using currently known facts and variables, or it might focus on a few items of particular importance toyou. Generally, such financial planning services will involve preparing a financial plan or rendering a financial consultation for clients based on the client's current situation, financial goals, and objectives. For financial consulting clients, we will usually not provide a written summary of our observations and recommendations, as the process is a less formal engagement. Regardless of the nature of the service, the implementation of all recommendations will be at the client's discretion. A financial plan or financial consultation will address one or more of the following areas: • Financial Position: Understanding of a client's current financial situation. • Investment Planning: Determining the most suitable way to structure investments to meet financial goals, and determine the appropriate account type (e.g., joint tenants, IRA, Roth IRA, etc.). • Personal Tax Planning: Evaluating the current tax situation to help minimize a client's taxes and find more profitable ways to use the extra income generated. • • Retirement Planning: Assessing retirement needs to help a client determine how much to accumulate, as well as distribution strategies designed to create a source of income during retirement years. Insurance Planning and Risk Management: Evaluating the client's insurance needs and Page | 6 Part 2A of Form ADV: SMART Wealth, LLC Brochure  reviewing insurance policies and the like. • Estate Planning: Reviewing the client's cash needs at death, income needs of surviving dependents and estate planning goals. • Charitable Planning: Providing strategic charitable giving plans for clients and researching and evaluating charitable entities and private foundations. • Mortgage/Debt Analysis: Analyzing client's current mortgage debt, home equity, and financing alternatives. • Review of Employee Benefit Plans: Reviewing the client's investment options, allocation models and historical performance of client assets held through employee benefit plans. We gather information at an initial vision meeting which includes interviews and a review of documents provided by the client. The information gathered includes the client's current financial status, future goals, investment objectives, risk tolerance and family circumstances. Typical financial planning or financial consultation services include one or more of each of the service components. A financial plan could require the services of a specialist such as an insurance specialist, attorney or tax accountant. We will recommend third-party service providers if we feel it is appropriate and in your best interest, but the client is under no obligation to use any service provider recommended by us. Likewise, the client is under no obligation to act on our financial planning recommendations. We do not receive referrals or other fees from third-party service providers. Our financial plans offer a high degree of personalization that matches your investments to your goals and ability to take on risk. We analyze each potential opportunity to find appropriate investments for you, your family, and your goals, while also helping to maintain your liabilities so you can feel more confident in your complete financial picture. Financial plans and consultations are based on the client's financial situation at the time we present the financial plan or consultation to the client, and on the information provided to us. The client must promptly notify us if his/her financial situation, goals, objectives or needs change. Certain assumptions are made with respect to interest rates, inflation rates, and use of past trends and performance of the market and economy. Past performance is in no way an indication of future performance. We do not offer any guarantees or promises that a client's financial goals will be met. Client Assets Under Management As of December 31, 2025. SMART Wealth had approximately $632,340,216 in assets under management, $614,181,037 of which was managed on a discretionary basis and approximately $18,159,179 of which was advised on a non-discretionary basis. Item 5: Fees and Compensation Investment Advisory / Portfolio Management Services Fees for all discretionary accounts are charged monthly in arrears based upon the average daily value of a client’s portfolio of securities during the previous month or quarter as valued by the custodian. Fees are pro-rated for the first partial month or quarter when a new account is opened such that no client is charged for any day of the initial month in which the client does not yet have assets managed by SMART Wealth. Fees are retroactive. The fee schedule breakpoints and rates are Page | 7 Part 2A of Form ADV: SMART Wealth, LLC Brochure  a suggestion and may be modified. Discretionary client portfolios of securities are managed under the following tiered fee structure, with a decreasing annualized rate for all such clients, but may be modified lower, as noted in the Investment Advisory Agreement: Managed Asset Value Tiers Tiered Rate Maximum AUM Fee Per Tier $3,750 $3,250 $2,500 $2,250 $8,500 $8,000 $15,000 N/A The First $250,000 ($1 to $250,000) The Next $250,000 ($250,001 to $500,000) The Next $250,000 ($500,001 to $750,000) The Next $250,000 ($750,001 to $1,000,000) The Next $1 Million ($1,000,001 to $2,000,000) The Next $1 Million ($2,000,001 to $3,000,000) The Next $2 Million ($3,000,001 to $5,000,000) All amounts above $5 Million ($5,000,001 & up) 1.50% 1.30% 1.00% 0.90% 0.85% 0.80% 0.75% 0.70% Fees are deducted from designated client accounts. Clients must consent in advance for the custodian and/or broker-dealer to deduct the fees from their account and the fees will be clearly noted in the client’s statements. The custodian and/or broker-dealer is not responsible for the actual calculation of the fees. Financial Planning and Financial Consulting Services The fee for financial planning services at SMART Wealth varies based on the complexity of the engagement and the client’s overall financial circumstances. For most individual and family financial plans, fees generally range from $1,800 to $9,500. For Qualified High Net Worth Clients—generally defined as those with more than $5 million in investable assets—as well as business owners and clients who require advanced or highly specialized planning, fees typically range from $12,000 to $75,000. The exact fee, based on the scope of services to be provided, will be quoted in writing and agreed to in your advisory agreement prior to commencement of services. If a client terminates financial planning services after we have begun the work but before completion, the client will receive a full refund via a check mailed to the address of record. We provide you with an exact fee quote before you authorize us to begin our work. The specific financial planning fee being charged to the client will be set forth and identified in the investment advisory agreement between each client and us. Financial planning fees are billed separately with invoices mailed to the address of record. Your financial professional will update your financial plan upon request or when your objectives or financial situation change. If a financial plan is updated, the fee will be dependent on the nature of the update. Again, this fee will be set forth and identified in an agreement between you and the firm. Flourish Financial As an alternative and/or supplement to other cash-holding investment options, SMART Wealth offers our clients the option to open a Flourish Cash Account and to participate in the Flourish Cash Sweep Program. A Flourish Cash account is an interest-bearing brokerage account offered by Page | 8 Part 2A of Form ADV: SMART Wealth, LLC Brochure  Flourish. It is not a bank account, and Flourish is not a bank. A Flourish Cash account is not an investment account, and Client cannot purchase securities in the account. The Flourish Cash Sweep Program is a Federal Deposit Insurance Corporation (“FDIC’) insured vehicle into which cash is “swept” inside the account into one or more Program Banks allowing Client to earn interest at the Flourish Cash Rate, less the SMART Wealth Service Fee. Flourish actually spreads Client’s deposits among as many as 20 FDIC insured Program Banks. Thus, customers are eligible for up to $5,000,000 of FDIC insurance coverage. The interest rate that Client receives on cash balances in Client’s Flourish Cash Account will be equal to the Flourish Cash Rate minus the fees charged by SMART Wealth. The Flourish Cash Rate equals the overall rate the Program Banks are willing to pay minus the compensation the Program Banks pay to Flourish Financial LLC. For further rate information visit www.flourish.com/rates. The SMART Wealth Service Fee is currently equal to and will not exceed 15 basis points (.15%) of the Flourish Cash Rate earned by Client from the Program Banks on funds deposited in the Flourish Cash Account. Clients agree to authorize Flourish to collect and remit to SMART Wealth a service fee. This fee is calculated on a daily basis and remitted to SMART Wealth monthly. SMART Wealth benefits financially from cash balances held in Flourish Cash Accounts, which creates a conflict of interest. This conflict exists because SMART Wealth receives a service fee from Flourish on said balances, and this incentivizes SMART Wealth advisors to refer Clients to Flourish. We mitigate this conflict by not charging advisory fees on cash balances held at Flourish to avoid double charging clients who select flourish for cash management purposes. In addition to any interest earned and FDIC insurance coverage, Client may benefit from holding cash in a Flourish Cash Account due to the ability of SMART Wealth advisors to see and account for client account balances when formulating, implementing, and updating overall investment strategy for the Client. Furthermore, SMART Wealth advisors may be able to provide better advice through integrations with key reporting and planning systems such as Orion, eMoney, and Tamarac. ETF Fund Related Fees You Should Understand Clients of SMART Wealth pay an advisory fee in accordance with their investment advisory agreement. In addition, when client assets are invested in the SMARTWay ETFs, those clients also indirectly bear their proportionate share of the ETFs’ internal management fees and expenses, as disclosed in the SMARTWay ETFs’ prospectuses at https://smartwayetfs.com/home/ . Because SMART Wealth serves as sub-adviser to the SMARTWay ETFs, it receives sub-advisory fees from the ETFs. For client accounts managed by SMART Wealth, the Firm applies an offset against the client’s advisory fees in the amount of the sub-advisory fees it receives attributable to that client’s ETF holdings. This prevents SMART Wealth from receiving “double” compensation in connection with the same assets. Page | 9 Part 2A of Form ADV: SMART Wealth, LLC Brochure  Clients who purchase the SMARTWay ETFs through unaffiliated investment advisers or brokerage accounts are not subject to such offsets. Those investors pay only the ETF’s fees and expenses, not advisory fees to SMART Wealth. General Information An investment advisory agreement can generally be terminated at any time, by the firm or the client, for any reason upon prior written notice. In the event that SMART Wealth’s services are terminated mid-month, the management fee will be prorated based on the number of days that the Account was open and will be due to SMART Wealth by the Client upon termination of SMART Wealth’s services. Our firm will not have physical custody or possession of client funds or securities at any time except to the extent that the SEC deems us to have a form of non-physical custody by virtue of the fact that we deduct fees directly from the client's account(s) when providing discretionary investment management services. All fees paid to the investment adviser are separate and distinct from fees and expenses charged by any mutual fund, exchange-traded funds, and closed-end funds. Fund fees are described in the respective fund's prospectus. These fees will generally include management fees, various expenses, and a possible distribution fee. The client should review all fees being charged on its investments and those charged by SMART Wealth to fully understand the total amount of fees to be paid by the client and to evaluate the advisory services being provided. Clients incur certain charges imposed by custodians, brokers, and other third parties such as custodial fees, trade execution fees, deferred sales charges, odd-lot differentials, transfer taxes, and electronic fund fees, and other fees and taxes on brokerage accounts and securities transactions. Please refer to Item 12 (Brokerage Practices) in this Brochure for additional information. Our firm and our professionals owe a fiduciary duty to all our clients. We are fiduciaries under the Investment Advisers Act of 1940 and when we provide investment advice to you regarding your retirement plan account or individual retirement account. We also serve as a fiduciary to advisory clients that are employee benefit plans (such as profit-sharing plans or pension plans) or individual retirement accounts (collectively, our "retirement clients") (IRAs) pursuant to Title I of the Employee Retirement Income Security Act (ERISA) or the Internal Revenue Code ("IRC"). When acting as a fiduciary to these plans, we are subject to specific duties and obligations under ERISA and the IRC that include, among other things, restrictions concerning certain forms of conflicted compensation. To avoid engaging in prohibited transactions, the firm only charges fees for investment advice (i) about products for which our firm and/or our related persons do not receive any commissions or 12b-1 fees, or (ii) about products for which our firm and/or our related persons receive commissions or 12b-1 fees if such commission and fees are used to offset advisory fees. Clients should be aware that similar advisory services could be available from other investment advisors for similar or lower fees. Information Regarding Conflicts of Interest Page | 10 Part 2A of Form ADV: SMART Wealth, LLC Brochure  Although we seek to avoid them, our firm has actual or conflicts of interest arising from our advisory services. These include, but are not limited to: • Conflicts related to allocating time and resources between client accounts, allocation of brokerage commissions and investment opportunities generally. For further information on our brokerage and allocation policies, and related conflicts of interest, please refer to Item 12 below. • Conflicts related to asset-based fees. At times our investment professionals will recommend that a client move assets from another investment account to one managed by our firm. This would result in a higher total advisory fee for that investment professional and generate revenue for the firm. There is therefore a conflict of interest whenever we encourage clients to move their assets to our firm. For further information, please refer to the first part of Item 5 above, which discusses the fees we earn when providing advisory services. • Conflicts related to one or more of our investment advisor representatives also being licensed • as an independent insurance agent through licensed insurance brokers. As such, we offer and sell other financial services products, such as life insurance and annuity products and Medicare supplemental policies. For further information, please refer to Item 10 below. • Conflicts related to investing in securities recommended to clients and contemporaneous trading of securities (i.e., personal trading) by the firm and its related persons. Please refer to Item 11 for further information. • Conflicts related to third parties. When appropriate, we will recommend third parties to advise a client on matters including but not limited to: legal, tax or accounting advice. These recommendations are sometimes made because of the existing relationships our firm and its employees have with these groups or individuals. • Conflicts of interest generally can be addressed in several ways, including prohibiting the conduct that gives rise to the conflict of interest, implementing procedures to prevent a person from gaining or utilizing knowledge that potentially give rise to a conflict; establishing parameters for conduct that are designed to protect client interests or limit the benefit that creates the conflict of interest, or disclosing the conflict of interest to our clients. Our firm has adopted a Code of Ethics. (Please refer to Item 11 below for further information on our Code of Ethics) and we also have policies and procedures in place to mitigate and address conflicts of interest. We believe that such policies and procedures are reasonably designed to treat clients equitably and to advance the best interests of the clients. The clients' best interest is paramount in any situation involving a conflict of interest. Item 6: Performance-Based Fees and Side-by-Side Management Our firm does not charge performance-based fees or participate in side-by-side management. Performance-based fees are fees which are based on the share of capital gain or appreciation of a client's account. Side-by-side management refers to the practice of managing accounts that are charged performance- based fees while at the same time managing accounts that are not charged a performance-based fee. We do not charge performance-based fees, nor do we provide side-by-side management. Page | 11 Part 2A of Form ADV: SMART Wealth, LLC Brochure  Item 7: Types of Clients We offer our firm’s services to individuals, high net worth individuals, and other business entities, profit-sharing plans, and estates and trusts. While we serve clients at all asset levels, please note that households with less than $133,334 in assets under management are subject to a minimum annual fee of $2,000, billed monthly in arrears. This minimum fee ensures clients with smaller balances receive the same level of service as larger accounts. For further details regarding our fee structure, please refer to Item 5 of this Brochure. Item 8: Methods of Analysis, Investment Strategies, and Risk of Loss Our firm and our financial professionals will use one or more of the following methods of analyses or investment strategies when providing investment advice to clients, subject to the clients’ investment objectives, risk tolerance, time horizons and stated guidelines: Investment Strategies As indicated in Item 4, most clients are placed in models overseen by a financial professional of our firm. These models may include a number of asset classes, including equities, both domestic and international, exchange-traded funds, mutual funds, fixed income, REITs, and commodities, amongst others. SMART Wealth generally manages most models in-house but may rely on sub-advisers’ models or our Turnkey Asset Management Provider (“TAMP”)/platform provider to implement the models. Most trading for accounts in these programs will generally be conducted by the third-party investment adviser or TAMP/platform provider. Individual clients can request one-off scenarios as needed. Investment strategies and advice will vary depending upon each client's specific financial situation. We manage households and accounts on a goals-based approach so not every account is diversified. Certain accounts will potentially be more heavily weighted in one sector versus another account in order to diversify the household as a whole or to take advantage of certain tax advantages in having particular types of investments in certain types of accounts. As such, we determine investments and allocations based upon the client's predefined objectives, risk tolerance, time horizon, financial horizon, financial information, liquidity needs, and other various suitability factors. The restrictions and guidelines set by the client will also affect the composition of the portfolio. Risk of Loss Investing involves a risk of loss. Clients should be prepared to bear investment loss, including the loss of the original principal. Clients should never presume that the future performance of any specific investment or investment strategy will be profitable. Further, there are varying degrees of risk depending on different types of investments. Clients should know that all investments carry a certain degree of risk ranging from the variability of market values to the possibility of permanent loss of capital. Although portfolios seek principal protection, asset allocation and investment Page | 12 Part 2A of Form ADV: SMART Wealth, LLC Brochure  decisions are not guaranteed to achieve this goal in all cases. There is no guarantee a portfolio will meet a target return or an investment objective. Risks to capital include, but are not limited to, changes in the economy, market volatility, company results, industry sectors, accounting standards and changes in interest rates. Investments are generally subject to risks inherent in governmental actions, exchange rates, inflation, deflation, and fiscal and monetary policies. Market risks include changes in market sentiment in general and styles of investing. Diversification will not protect an investor from these risks and fluctuations. Additional risks include: Market risk: Either the stock market as a whole, or the value of an individual company, goes down resulting in a decrease in the value of client investments. Stocks are susceptible to general stock market fluctuations and to volatile increases and decreases in value as market confidence in and perceptions of their issuers change. Common stock (or its equivalent) is generally exposed togreater risk than preferred stocks and the debt obligations of an issuer. Inflation Risk: Also referred to as purchasing power risk, is the risk that inflation will undermine the real value of cash flows made from an investment. Inflation risk affects all investments, but most can be seen most prevalently in the bond markets. Company risk: There is always a certain level of company or industry specific risk that is inherent in each investment. Although this risk can be reduced through appropriate diversification, it cannot be eliminated. There is the risk that the issuer will perform poorly or have its value reduced based on factors specific to the issuer or its industry. If the issuer experiences credit issues or defaults on debt, the value of the issuer could be reduced. Exchange traded fund and mutual fund risk: The risk of owning an ETF or mutual fund generally reflects the risks of owning the underlying securities the ETF or mutual fund holds. Clients will incur additional costs associated with ETFs and mutual funds (see Item 5). Management risk: Investments managed by us vary with the success and failure of our investment strategies, research, analysis and determination of portfolio securities. Foreign investments risks: non-U.S. investments, currency and commodity investments contain additional risks associated with government, economic, political or currency volatility. Emerging markets risks: Emerging markets can experience high volatility and risk in the short term. Liquidity risks: Generally, assets are more liquid if many investors are interested in a standardized product, making the product relatively easy to convert into cash. Additionally, some specialized investments have reduced liquidity compared to traditional investment vehicles. Bond risks: Investments in bonds involve interest rate and credit risks. Bond values change according to changes in interest rates, inflation, credit climate and issue credit quality. Interest rate increases will reduce the value of a bond. Longer term bonds are more susceptible to interest rate variations than shorter term, lower yield bonds. Sector risks: Investing in a particular sector is subject to cyclical market conditions and charges. Page | 13 Part 2A of Form ADV: SMART Wealth, LLC Brochure  Because of the inherent risk of loss associated with investing, we are unable to represent, guarantee or even imply that our services and methods of analysis can or will predict future results, successfully identify market tops or bottoms, or insulate clients from losses due to market corrections or declines. Cash balances are typically invested daily in interest-bearing money market accounts. Item 9: Disciplinary Information Our firm and our financial professionals are required to disclose any legal or disciplinary events that are material to a client's or prospective client's evaluation of us, our business or the integrity of our management or associated persons. Neither our firm nor any of our associated persons has any reportable disciplinary events to disclose. Item 10: Other Financial Industry Activities and Affiliations Financial Industry Affiliations SMART Wealth is not a registered broker-dealer, commodity firm, commodity trading advisor, or futures commission merchant, and does not have an application to register for any of the same pending. In addition, our firm does not recommend investment products in which it receives any form of compensation from the separate account manager or investment product sponsor. Other Affiliations Our firm’s affiliates include the following firms: • Retire SMART, LLC, through which insurance products are sold; • Tax SMART, LLC, through which tax preparation services are offered; • DMDN Insurance Company, Inc., provides insurance for SMART Wealth and affiliates; • Mid-West Learning, Inc., a marketing and training company; and • Financially SMART, LLC, through which bookkeeping services are offered; • Retire SMART Holdings, a holding company whose sole purpose is to own and control Retire SMART, LLC, SMART Wealth, LLC, and Tax SMART, LLC. Each of these firms are owned by David Brooks, Sr. As a wealth management firm, SMART Wealth, LLC often recommends the use of various insurance products and consulting with tax professionals during our financial planning recommendations where we believe it is in your best interest. To the extent that we feel our clients require accounting advice and/or tax preparation services, we may recommend the services of our affiliates, Retire SMART and Tax SMART. These services are rendered independently of SMART Wealth pursuant to a separate agreement between the client and those firms. Since we share common ownership, a conflict of interest exists in SMART Wealth recommending the use of these firms to our clients versus that of other service providers. No client of SMART Wealth is required to use the services of either Retire SMART, LLC or Tax SMART, LLC. To the extent that our firm’s financial professionals recommend these products to our clients, including such products as life, disability and long-term care insurance products and tax Page | 14 Part 2A of Form ADV: SMART Wealth, LLC Brochure  preparation services, we have a conflict of interest. These products are separate and distinct from investment advisory services offered through SMART Wealth, and the firm professional will receive a commission or fees because of the sale of insurance related products. A conflict of interest therefore exists as these commissionable sales create an incentive to recommend products based on compensation earned rather than need. SMART Wealth addresses this conflict with disclosures and supervisory procedures, which require all investment advisory recommendations to be in the best interest of our clients. Furthermore, in no event is any client obligated, contractually or otherwise, to use the services of any licensed insurance agent acting in such a capacity or to purchase products or services through said individual. Recommending Rollovers and Transfers A client or prospective client leaving an employer typically has four options regarding an existing retirement plan: (i) leave the money in the former employer’s plan, if permitted, (ii) roll over the assets to the new employer’s plan, if one is available and rollovers are permitted, (iii) roll over to an Individual Retirement Account (“IRA”), or (iv) cash out the account value (which could, depending upon the client’s age, result in adverse tax consequences). Clients may engage in a combination of these options, and each has advantages and disadvantages. Before making a change, SMART Wealth encourages clients to speak with their CPA and/or tax attorney. Our firm has an inherent conflict of interest in recommending you rollover or transfer your accounts to an account managed by SMART Wealth since we have an incentive to generate compensation for the firm. As part of the rollover process, we will provide you with information on why the rollover or transfer is in your best interest. No client is under any obligation to roll over retirement plan assets to an account managed by SMART Wealth. Recommending SMARTWay Proprietary ETFs As part of our portfolio management services for retail clients, we may invest, or recommend that you invest, in mutual funds and exchange traded funds. SMART Wealth has created and maintains its own proprietary exchange traded funds (the “SMARTWay ETFs”). SMART Wealth serves as sponsor and sub-adviser to the SMARTWay ETFs and receives sub-advisory fees for managing these funds. This arrangement creates a conflict of interest because SMART Wealth has an incentive to recommend or invest client assets in the SMARTWay ETFs instead of non-affiliated products. In addition, clients invested in the SMARTWay ETFs through accounts managed by SMART Wealth will bear both (i) our advisory fees under the client’s investment advisory agreement with SMART Wealth and (ii) the management fees and expenses of the SMARTWay ETFs (as described in the ETFs’ prospectus). To address this conflict, SMART Wealth offsets any sub- advisory fees attributable to its managed account clients against the advisory fees charged to those clients, so that the Firm does not receive duplicative compensation on the same assets. Even with this offset, SMART Wealth continues to benefit when client assets are invested in the SMARTWay ETFs. For example, additional client investments increase the ETFs’ total assets, which can improve liquidity, reduce per-unit expenses, enhance visibility and ratings, and make Page | 15 Part 2A of Form ADV: SMART Wealth, LLC Brochure  the ETFs more attractive to other investors. Higher ETF assets may also strengthen SMART Wealth’s business reputation and opportunities as a sponsor and sub-adviser. These benefits create an additional incentive for SMART Wealth to recommend its proprietary ETFs. SMART Wealth seeks to manage these conflicts by offsetting sub-advisory fees for retail managed account clients as described above and only selecting/recommending SMARTWay ETFs when in a client’s best interest. A client may seek a second opinion from an independent investment adviser, and a client may request in writing that SMART Wealth refrain from investing in SMARTWay ETFs. Item 11: Code of Ethics, Participation or Interest in Client Transactions and Personal Trading Code of Ethics SMART Wealth has adopted a Code of Ethics that sets forth high ethical standards of business and professional conduct which we require our employees to follow. The Code of Ethics outlines proper conduct related to all services provided to clients by the firm and our associated persons and includes guidelines for compliance with applicable laws and regulations governing our practice. Our goal is always to protect our clients’ interests and demonstrate our commitment to our fiduciary duties of honesty, good faith and fair dealing. Personal Securities Transactions and Interests Through its professional activities, SMART Wealth and its supervised persons are exposed to conflicts of interest and the Code of Ethics contains provisions designed to mitigate certain of these conflicts by governing the personal securities transactions of certain of its employees, officers, and directors. In particular, the Code of Ethics governs the conduct of certain "access persons" in circumstances where the Adviser or its access persons desire to purchase or sell securities for their personal accounts that are identical to those recommended by the firm to its clients. For these purposes, the Code of Ethics defines an "access" person as a supervised person of the firm that (1) has access to nonpublic information regarding any clients' purchase or sale of securities, (2) has access to nonpublic information regarding the portfolio holdings of any fund the adviser or its control affiliates manage or sponsor, or (3) is involved in making securities recommendations (or has access to such recommendations) to clients that are nonpublic. Access persons' trades must be executed in a manner consistent with the following principles: • The interests of client accounts will always be placed first. • All personal securities transactions will be conducted in such a manner as to avoid any actual or potential conflict of interest or any abuse of an individual's position of trust and responsibility. • Access persons must not take inappropriate advantage of their positions. • Preclearance of access persons' transactions in securities in a limited offering or private Page | 16 Part 2A of Form ADV: SMART Wealth, LLC Brochure  placement is required. Access persons must submit quarterly reports regarding securities transactions and newly opened accounts, as well as annual reports regarding holdings and existing accounts. We monitor our access persons' personal trading activity at least quarterly to ensure compliance with internal control policies and procedures and our Code of Ethics. The Code of Ethics does not prevent or prohibit access persons from trading in securities that we recommend or in which we invest client assets, but rather prescribes the governing principles relative to the same (see above). As such, it is possible that (1) the firm or its access persons could recommend to clients, or buy or sell for client accounts, securities in which one or more access persons (including SMART Wealth or its affiliates) has a material financial interest, (2) access persons (including the firm or its affiliates) could invest in the same securities (or related securities) that we recommend to clients, or (3) the firm (including its affiliates) and its access persons could recommend securities to clients, or buy or sell securities for client accounts, at or about the same time that one or more access persons (including the firm or its affiliates) buys or sells the same securities for its own account. This presents a conflict in that the access person might seek to benefit himself or herself from this type of trading activity in the same securities, either by trading for personal accounts in advance of client trading activity, or otherwise. All such activity must be in strict adherence with our Code of Ethics and must fundamentally place the clients' interests first. Moreover, it is our policy that neither the firm nor its associated persons will have priority over a client's account(s) in the purchase or sale of securities. We will typically seek to combine orders to purchase securities for the firm, its associated persons and/or their families with a client's order to purchase securities ("block trading"). Please refer to Item 12 for more information on block trading. A conflict of interest exists in these events because we have the ability to trade ahead of clients and could receive more favorable prices (for the firm, its associated persons and/or their families) than the client will receive. To eliminate this conflict of interest, we will make reasonable attempts to trade securities in client accounts at or prior to trading the securities in the firm accounts, or accounts of associated persons and/or their families. Trades executed on the same day will likely be subject to an average pricing calculation. Moreover, it is our policy that neither the firm nor its associated persons will have priority over a client's account(s) in the purchase or sale of securities. SMART Wealth and related entities buys and sells for itself some of the same securities at or about the same time that we buy and sell on behalf of client managed accounts. Additionally, SMART Wealth, including related entities, buys and sells securities that it does not recommend to clients. Neither the firm nor its associated persons have any other material financial interest in client transactions beyond the provision of investment advisory services or other services as disclosed in this Brochure. SMART Wealth mitigates these conflicts of interest through the adoption and use of pre-and-post trade allocation procedures designed to reasonably ensure the fair treatment of client accounts and that the interests of clients are placed before the interests of the firm’s own and related entities’ proprietary accounts in addition to disclosing these conflicts to our clients. Our firm does not engage in principal trading (i.e., the practice of selling stock to advisory clients from our inventory or buying stocks from advisory clients into our inventory). Nor does the firm engage in agency cross-transactions (i.e., the practice of acting as a broker for both the client and the other party involved in a transaction). Clients or prospective clients can obtain a copy of our Code of Ethics by contacting us at the e-mail or Page | 17 Part 2A of Form ADV: SMART Wealth, LLC Brochure  phone number listed on the cover page of this Brochure. Item 12: Brokerage Practices Selection of Brokers, Research and Other Soft Dollar Benefits We will generally recommend and request that clients establish brokerage accounts with Charles Schwab (“Schwab”) through their Institutional Platforms or with Fidelity Brokerage Services and/or its affiliate, National Financial Services, LLC (collectively “Fidelity”), who we have established custodial relationships with. Schwab and Fidelity are members of FINRA/SIPC/NFA. Schwab and Fidelity are independent and unaffiliated registered broker-dealers, will act solely in their broker-dealer capacity and not as an investment adviser to you, and are selected by SMART Wealth to maintain custody of clients' assets and to affect trades for their accounts. Schwab and Fidelity have no discretion over your account and will act solely on instructions it receives from SMART Wealth. SMART Wealth also offers an optional interest-bearing cash brokerage account through Flourish Financial, LLC (“Flourish”), a registered broker-dealer and FINRA member, as described above in Item 5. Charles Schwab Schwab provides our firm with access to its institutional trading and operations services, which typically are not available to Schwab retail customers. We compensate Schwab for their custodial services with a portion of the fee that we charge you. These services are generally available to financial advisory firms who maintain a minimum threshold of client assets with Schwab. To the extent purchases/sells of securities in your account qualify for no-transaction fee pricing, Schwab reduces the fee assessed to SMART Wealth for custodial services. However, SMART Wealth does not lower the investment advisory fee charged to you in a corresponding manner. Services provided by Schwab include research (including mutual fund research, third-party research, and Schwab's proprietary research), brokerage, clearing, custody, and access to mutual funds and other investments that are available only to institutional investors or would require a significantly higher minimum initial investment. In addition, Schwab makes available software and other technologies that provide access to client account data (such as trade confirmations and account statements); facilitate trade execution; provide research, pricing information, quotation services, and other market data; assist with contact management; facilitate payment of fees to our firm from client accounts; assist with performance reporting; facilitate trade allocation; and assist with back-office support, record- keeping, and client reporting. We are eligible for a specific schedule of fees based upon our assets under management with Schwab. We have no discretion to determine the commissions charged by Schwab. Schwab also provides us with other services intended to help our company and its financial professionals manage and further develop its business enterprise, including assistance in the following areas: consulting, publications and presentations, information technology, business succession, and marketing. In addition, Schwab makes available or arranges and/or pays for these types of services provided by independent third parties, including regulatory compliance. All "soft dollar" benefits we receive from Schwab are eligible research and brokerage services under section 28(e) of the Securities Exchange Act of 1934. Page | 18 Part 2A of Form ADV: SMART Wealth, LLC Brochure  As stated below and in Item 14, Schwab also makes available to us other products and services that benefit our firm and its financial professionals but do not necessarily benefit its clients' accounts. Although we will generally recommend that clients utilize Schwab for custody of their assets and execution of their transactions, we can, subject to its best execution obligations, trade outside of Schwab where necessary. In the selection of broker-dealers, we will consider all relevant factors, including the commission rate, the value of research provided, execution capability, speed, efficiency, confidentiality, familiarity with potential purchasers and sellers, financial responsibility, responsiveness, and other relevant factors. Our firm will retain and compensate Schwab for providing various administrative services until stated otherwise. These services include determining the fair market value of assets held in the account at least quarterly and producing a brokerage statement for clients detailing account assets, account transactions, receipt and disbursement of funds, interest and dividends received, and account gain or loss by security as well as for the total account. Our firm and Schwab are not affiliates, and we do not receive client referrals from Schwab. Fidelity Brokerage Services Fidelity provides us with access to their institutional trading and custody services, which are typically not available to retail investors. The services from Fidelity include brokerage, custody, research, and access to mutual funds and other investments that are otherwise generally available only to institutional investors or would require a significantly higher minimum initial investment. We compensate Fidelity for its custodial services with a portion of the fee that we charge you. Fidelity offers certain securities, including specified equities, mutual funds and exchange traded funds, on a no- transaction fee basis. To the extent purchases/sells of securities in your account qualify for no-transaction fee pricing, Fidelity reduces the fee assessed to SMART Wealth for custodial services. However, SMART Wealth does not lower the investment advisory fee charged to you in a corresponding manner. As stated below and in Item 14, Fidelity also makes available other products and services that benefit us but have no impact on clients' accounts. Some of these other products and services assist us in managing and administering client accounts. These include software and other technology that: • Provide access to client account data (such as trade confirmation and account statements). • Facilitate trade execution (and allocation of aggregated trade orders for multiple client accounts). • Provide research, pricing information and other market data. • Facilitate payment of our fees from client accounts. • Assist with back-office functions, recordkeeping, and client reporting. Many of these services are generally used to service all, or a substantial number, of our accounts, including accounts not maintained at Fidelity. Fidelity also makes available other services intended to help us manage and further develop our business. These services may include: Page | 19 Part 2A of Form ADV: SMART Wealth, LLC Brochure  • Educational conference and events. • Consulting, publications, and conferences on practice management. • Information technology. • Business succession and transition assistance. • Regulatory compliance. • Marketing consulting and support. • Assistance with client paperwork and other items related to transitions to SMART Wealth. In addition, Fidelity may make available, arrange and/or pay for these types of services rendered to us by independent or related third parties. These additional benefits are provided at no cost to SMART Wealth or the client. As a fiduciary, we endeavor to act in your best interest. Our recommendation that you maintain your assets in accounts at Fidelity will be based in part on the benefit to us in the availability of some of the foregoing products and services and not solely on the nature, cost or quality of custody and brokerage services provided by Fidelity. This creates a conflict of interest. Our firm and Fidelity are not affiliates, and we do not receive client referrals from Fidelity. Best Execution As stated above, we typically recommend that our clients establish broker accounts with Schwab or Fidelity. Such accounts will be "prime broker" eligible so that when the need arises to effect securities transactions from those accounts at broker-dealers other than with Schwab or Fidelity, the current custodian ("executing brokers"), such custodian will accept delivery or deliver the applicable security from/to the executing brokers. Schwab and Fidelity charge a "trade away" fee which is charged against the client's account(s) for each "trade away" occurrence. Our firm receives no part of the trade away fees. Other custodians have their own policies concerning prime broker accounts and trade away fees. If the client receives discretionary advisory services, the Adviser, pursuant to the terms of its investment advisory agreement with clients, will have discretionary authority to determine which securities are to be bought and sold and the price of such securities to affect such transactions. We recognize that the analysis of execution quality involves a number of qualitative and quantitative factors. The firm will follow a process in an attempt to ensure that it is seeking to obtain the most favorable execution under the prevailing circumstances when placing client orders. Consistent with its fiduciary responsibilities, we seek best execution with respect to the clients' transactions by blocking client trades to reduce commissions and transaction costs. To the best of our knowledge and due diligence inquiries, Schwab and Fidelity provide high- quality execution, and our clients will pay competitive rates for such execution. Based upon its own knowledge of the securities industry, we believe that commission rates charged by Schwab and Fidelity (to the extent there are any) are competitive within the securities industry. Although we acknowledge that there is the potential for lower overall commissions or better execution to be achieved elsewhere, we believe that Schwab and Fidelity provide clients with best available execution based on all qualitative and quantitative factors. Page | 20 Part 2A of Form ADV: SMART Wealth, LLC Brochure  Brokerage for Client Referrals Our firm and its investment professionals do not receive client referrals from broker-dealers, and it is not a factor we consider in selecting or recommending broker-dealers. Directed Brokerage Not all advisers require their clients to execute transactions through a specific broker-dealer, as SMART Wealth has, as indicated above, with Schwab and/or Fidelity. When doing so, SMART Wealth may be unable to achieve the most favorable execution of client transactions, and this practice may cost clients more money. Order Aggregation/Block Trading/Allocations For our direct adviser-managed accounts, the purchase or sales of the same securities for several clients may be done at approximately the same time. This process is referred to as aggregating orders, batch trading, or block trading and is used for trades executed through our Turnkey Asset Management Provider (“TAMP”)/platform provider, when such action may prove advantageous to clients. When client orders are aggregated, allocating securities among client accounts is done on a fair and equitable basis. Typically, the process of aggregating client orders is done in order to achieve better execution, to negotiate more favorable commission rates or to allocate orders among clients on a more equitable basis in order to avoid differences in prices and transaction fees or other transaction costs that might be obtained when orders are placed independently. Since some of our accounts are managed by a sub-adviser utilizing various third-party managers, we are not always able to facilitate the aggregate purchases and sales and other transactions amongst client accounts. In those instances, the absence of block trading may result in our firm being unable to achieve for its clients the most favorable execution at the best price available, and accordingly, may cost clients more money than other arrangements. Trade Errors Where a trade error occurs in a client account due to our error, we will correct the error and ensure the client account does not suffer a loss or incur a transaction cost related to that error. Depending on the nature of the error, we will pay the cost of the error or will cause the custodian or broker- dealer to pay the cost of the error. If the error results in a profit due to market movement, the client will keep the profit. Item 13: Review of Accounts Accounts are monitored continuously and on an ongoing basis by our financial professionals. We conduct these reviews through various means, including telephone calls, in-person meetings, overall strategy reviews, and/or the review of monthly and quarterly statements. Reviews are based on objectives and parameters established by clients, which are generally memorialized through their client investment advisory agreements and Investment Policies. More frequent reviews can also be triggered by a change in the client's investment objectives or risk tolerance, Page | 21 Part 2A of Form ADV: SMART Wealth, LLC Brochure  tax considerations, large deposits or withdrawals, large purchases or sales, loss of confidence in investment or fund managers, or changes in the economy or financial markets. Our compliance personnel will also monitor managed and supervised accounts on an ongoing basis to ensure that the advisory services provided to clients are consistent with the clients' circumstances. Depending on the nature of the engagement, some financial plans will not be reviewed until after the plan is delivered. The frequency of plan review will be dependent on the agreement terms. If deemed necessary it will be reviewed quarterly, yearly or some other determinate amount of time. Those reviews will revisit the initial plan and determine if any adjustments need to be made to the objectives. Financial planning, by its nature, does require periodic review. At times we will use software and other tools to assist in generating a financial plan. With respect to managed accounts, investment advisory clients receive standard account statements from the independent, qualified custodian of their accounts no less frequently than quarterly. The account statements received from the custodian and/or broker-dealer are the official records of the client's account(s). No on-going financial planning reports are provided for financial planning clients unless a financial plan update or additional services are requested. Your firm professional will update a plan as needed and when objectives or financial situation change. Item 14: Client Referrals and Other Compensation Products, Services and Other Economic Benefits As disclosed in item 12 (Brokerage Practices) above, we participate in the institutional advisor programs of Schwab and Fidelity, under which our firm is provided with access to their institutional trading and custody services, which are typically not available to retail investors. Such services include the execution of securities transactions, custody, research, and access to mutual funds and other investments that are otherwise generally available only to institutional investors or would require a significantly higher minimum initial investment. Schwab and Fidelity make available to our firm other products and services that benefit us, but that does not directly benefit each client's accounts. Many of these products and services can be used to service all or some substantial number of our client accounts, including accounts not maintained at Schwab or Fidelity. Products and services that assist us in managing and administering our clients' accounts include software and other technology that: • Provide access to client account data (such as trade confirmations and account statements); • Facilitate trade execution and allocate aggregated trade orders for multiple client accounts; • Provide research, pricing, and other market data; • Facilitate payment of our fees from clients' accounts; and assist with back-office functions, record keeping and client reporting; • Receipt of duplicate client statements and confirmations; and • The ability to have advisory fees deducted directly from our client's accounts. Schwab and Fidelity can make available, arrange and/or pay third party vendors for the types of Page | 22 Part 2A of Form ADV: SMART Wealth, LLC Brochure  services rendered to our firm. Schwab and Fidelity have the ability to discount or waive fees it would otherwise charge for some of these services or pay all or a part of the fees of a third party providing these services, and also provide other benefits such as educational events or occasional de minimus business entertainment of our personnel. All business entertainment will be guided by our Code of Ethics. Although the above benefits can assist us in managing and administering clients' accounts, including those not maintained at a broker-dealer, some of the products and services made available benefits SMART Wealth itself in managing and developing its business, but do not directly benefit our clients. You should therefore be aware that the receipt of economic benefits by our firm and/or its related persons in and of itself creates a conflict of interest and could potentially indirectly influence our choice of a broker-dealer for custody and brokerage services. Client Referrals We have a promoter relationship with CJC Wealth Management, LLC, wherein it receives cash compensation to endorse SMART Wealth. CJC Wealth Management is a registered investment adviser with the SEC and is not a client of Retire SMART/SMART Wealth. The material terms of the compensation arrangement are that CJC Wealth Management receives a one-time $200 fee for each prospective client it refers to SMART Wealth. This arrangement may present a conflict of interest because it creates a direct incentive for CJC Wealth Management to refer clients to SMART Wealth as opposed to other investment advisors. SMART Wealth addresses this conflict with disclosures and supervisory procedures that require our Financial Advisors to only engage new clients that appropriately benefit from our services. Furthermore, our procedures require all investment advisory recommendations to be in the best interest of our clients. Clients are under no obligation to purchase any product or service and may do so through another investment advisor of their choice. Item 15: Custody We generally have the ability to directly debit advisory and other fees from client accounts, unless the client specifies otherwise. As part of this billing process, the independent, qualified custodian of the client's account(s) is advised of the amount of the advisory or other fee to be deducted from the client's account(s). The client will receive account statements from the custodian holding the account(s) at least quarterly. These statements will show all transactions within the account during that reporting period, including the amount of advisory or other fees debited from the client's account(s). Because the custodian does not calculate the amount of the fees to be deducted, it is important for clients to carefully review their account statements to verify the accuracy of the fee calculation, among other things. A client should contact us directly if he/she believes there is an error or has a question regarding an account statement. This ability to deduct our fees from a client's account(s) causes us to exercise limited custody over these accounts under applicable law. We do not have, and will not take, physical custody of any clients' funds, securities, or assets. Clients' funds, securities and assets will be held with a bank, broker-dealer, or independent, qualified custodian. Page | 23 Part 2A of Form ADV: SMART Wealth, LLC Brochure  Item 16: Investment Discretion When a client hires us to provide discretionary investment advisory services, we have the authority to place trades, buy and sell securities on the client's behalf, determine the amount of the securities to buy and sell, and determine the nature and type of securities to buy and sell without obtaining a client's consent or approval prior to each transaction. In some cases, we will have the authority to hire and fire third-party money managers. Clients who give us discretionary authority will give our firm a limited power of attorney and/or trading authorization forms to make the above decisions on the client's behalf. In certain situations, Clients have the ability to limit our authority by giving us written instructions, restrictions and guidelines via email communication or other written instructions. For example, a client might specify that their accounts’ assets are not invested in a specific industry or security such as a SMARTWay ETF, or that a certain security not be liquidated. Clients can change such instructions, restrictions, and guidelines by providing us with written instructions after speaking with one of our investment advisor representatives. The most current written instructions will control. We will accept such limitations provided they are reasonable and do not unreasonably interfere with the management of your account. We will not accept such instructions via text message or similar instant messaging methods. If the client enters into a non-discretionary arrangement with our firm for investment advisory, portfolio management services, or retirement plan consulting, we will be obligated to obtain the client's approval prior to the arranging or execution of any transactions in the account(s). With such an arrangement, the client has the unrestricted right to decline to implement advice provided by us on a non-discretionary basis. If you do not grant us discretionary authority over your accounts, we are limited in making periodic recommendations to you regarding which securities to be purchased or sold and the size of the transactions. You will ultimately be responsible for the implementation of those recommendations and the timing of the transaction. Item 17: Voting Client Securities Regardless of whether we have discretion over a client's account(s), we will not vote proxies on behalf of any client or respond to any legal notices or class action claims on behalf of a client. We will instruct the qualified, independent custodian to forward all proxy materials, legal notices, and class action information to the client to review and make his or her own informed decision on how to vote. In the event we receive the proxy material, we will forward it directly to the client by mail or by electronic mail (if the client has authorized electronic communication). Item 18: Financial Information Under no circumstances do we require or solicit payment of fees in excess of $1,200 more than six months in advance of services rendered. SMART Wealth, LLC does not have any financial issues that would impair its ability to provide services to clients, and we have not been the subject of a bankruptcy petition at any time. Page | 24 Part 2A of Form ADV: SMART Wealth, LLC Brochure