Overview

Assets Under Management: $321 million
Headquarters: DALLAS, TX
High-Net-Worth Clients: 131
Average Client Assets: $2 million

Services Offered

Services: Financial Planning, Portfolio Management for Individuals, Investment Advisor Selection, Educational Seminars

Fee Structure

Primary Fee Schedule (ADV PART 2A)

MinMaxMarginal Fee Rate
$0 and above 1.25%
Illustrative Fee Rates
Total AssetsAnnual FeesAverage Fee Rate
$1 million $12,500 1.25%
$5 million $62,500 1.25%
$10 million $125,000 1.25%
$50 million $625,000 1.25%
$100 million $1,250,000 1.25%

Clients

Number of High-Net-Worth Clients: 131
Percentage of Firm Assets Belonging to High-Net-Worth Clients: 78.32
Average High-Net-Worth Client Assets: $2 million
Total Client Accounts: 1,073
Discretionary Accounts: 1,062
Non-Discretionary Accounts: 11

Regulatory Filings

CRD Number: 165130
Last Filing Date: 2024-03-27 00:00:00
Website: https://murphysylvest.com

Form ADV Documents

Additional Brochure: ADV PART 2A (2025-07-08)

View Document Text
Sylvest Advisors, LLC d/b/a Murphy & Sylvest Firm Brochure - Form ADV Part 2A This brochure provides information about the qualifications and business practices of Murphy & Sylvest. If you have any questions about the contents of this brochure, please contact us at (214) 373-8362 or by email at: ssylvest@murphysylvest.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 Murphy & Sylvest is also available on the SEC’s website at www.adviserinfo.sec.gov. Murphy & Sylvest’s CRD number is: 165130 13760 Noel Road, Suite 300 Dallas, TX 75240 263 N. York St. Suite 201B Elmhurst, IL 60126 Main: (214) 373-8362 Fax: (972) 707-0992 ssylvest@murphysylvest.com Registration does not imply a certain level of skill or training. Version Date: 07/8/2025 Item 2: Material Changes The material changes in this brochure from the last annual updating amendment of Murphy & Sylvest on March 27, 2024, are described below. Material changes relate to Murphy & Sylvest’s policies, practices, or conflicts of interests. • Misti White is no longer associated with Murphy & Sylvest • Samantha Swayze is no longer associated with Murphy & Sylvest • Scott Long is no longer associated with Murphy & Sylvest i Item 3: Table of Contents Item 1: Cover Page Item 2: Material Changes ............................................................................................................................................ 1 Item 3: Table of Contents ............................................................................................................................................. 2 Item 4: Advisory Business ........................................................................................................................................... 3 Item 5: Fees and Compensation.................................................................................................................................. 5 Item 6: Performance-Based Fees and Side-By-Side Management .......................................................................... 7 Item 7: Types of Clients ............................................................................................................................................... 7 Item 8: Methods of Analysis, Investment Strategies, and Risk of Investment Loss ........................................... 8 Item 9: Disciplinary Information .............................................................................................................................. 11 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 ..................................................................................................................................... 13 Item 13: Reviews of Accounts ................................................................................................................................... 14 Item 14: Client Referrals and Other Compensation ............................................................................................... 15 Item 15: Custody ........................................................................................................................................................ 15 Item 16: Investment Discretion ................................................................................................................................. 15 Item 17: Voting Client Securities (Proxy Voting) ................................................................................................... 16 Item 18: Financial Information.................................................................................................................................. 16 ii Item 4: Advisory Business A. Description of the Advisory Firm Murphy & Sylvest is a dba of Sylvest Advisors, LLC, a Limited Liability Company organized in the state of Texas. The firm was formed in January of 2013, and the principal owners are Susan Ann Sylvest and Thomas Eugene Murphy. B. Types of Advisory Services Murphy & Sylvest (hereinafter “M&S”) offers the following services to advisory clients: Investment Supervisory Services M&S offers ongoing portfolio management services based on the individual goals, objectives, time horizon, and risk tolerance of each client. M&S creates an Investment Policy Statement for each client, which outlines the client’s current situation (including risk tolerance level) and then constructs a plan to aid in the selection of a portfolio that matches each client’s specific situation. Investment Supervisory Services include, but are not limited to, the following: • • • • Investment Policy Statement Investment strategy • Asset selection • Asset allocation Regular portfolio monitoring • Risk tolerance Annuity Selection • Investment Implementation M&S evaluates the current investments of each client with respect to their risk tolerance levels and time horizon. M&S will request discretionary authority from clients in order to select securities and execute transactions without requiring permission from the client prior to each transaction. Investment parameters are documented at the same time the Investment Policy Statement is completed. On occasion, M&S will offer complimentary educational seminars. Selection of Other Advisors M&S does not direct clients to third-party money managers. 3 Financial Planning recommendations and Financial planning services and advice may be rendered in the following areas: retirement planning, risk management, education planning, estate planning, tax planning, asset allocation, investment selection and business planning. Financial planning services may also include consultations and/or written plans that analyze a client’s financial situation strategies. Financial planning and offer appropriate recommendations are not required to be implemented with Murphy & Sylvest. These services are based on fixed fees and the final fee structure is documented in Exhibit I of the Financial Planning Agreement. Project-Based Assignments M&S offers one-time consultations and project-based work for clients upon request. Fees will be negotiated and agreed upon in writing in advance and will depend on complexity. Services Limited to Specific Types of Investments M&S generally limits its investment advice and/or money management to mutual funds, equities, bonds, fixed income, ETFs, REITs, insurance products (including annuities), government securities and some alternative investments. M&S may use other securities to help diversify a portfolio when applicable Written Acknowledgement of Fiduciary Status When M&S provides investment advice to clients regarding retirement plan accounts, individual retirement accounts, or other brokerage accounts, M&S acts as fiduciaries within the meaning of Title I of the Employee Retirement Income Security Act and/or the Internal Revenue Code, as applicable. The way M&S is compensated creates some conflicts with client’s interests, so M&S operates under a special rule that requires acting in client’s best interests, not putting M&S interests ahead of client’s. Under this special rule’s provisions, M&S must: • Meet a professional standard care when making investment of recommendations (give prudent advice); • Never put M&S financial interests ahead of client’s when making recommendations (give loyal advice); • Avoid misleading statements about conflicts of interest, fees, and investments; • Follow policies and procedures designed to ensure that advice given is in client’s best interest; • Charge no more than is reasonable for our services; and • Give clients basic information about conflicts of interest. 4 C. Client Tailored Services and Client Imposed Restrictions M&S offers the same suite of services to all clients. Specific client financial plans and their implementation are dependent on each client’s current situation as well as their goals and objectives. In the event the client also desires M&S to manage their portfolio, we work with the client to develop an Investment Policy Statement that supports their financial planning goals, outlines their portfolio construction and takes into consideration their income, tax level, and risk tolerance. Clients may impose restrictions with regards to investing in certain securities or types of securities in accordance with their values or beliefs. However, if the restrictions prevent M&S from properly servicing the client account, or if the restrictions would require M&S to deviate from its standard suite of services, M&S reserves the right to end the relationship. D. Wrap Fee Programs M&S does not sponsor wrap fee programs, which is an investment program where the investor pays one stated fee that includes management fees, transaction costs, fund expenses, and any other administrative fees. M&S does not manage the investments in a wrap fee program. E. Amounts Under Management M&S has the following assets under management: Discretionary Amounts: Non-discretionary Amounts: Date Calculated: $377,863,716 $1,104,381 December 2024 Item 5: Fees and Compensation A. Fee Schedule Investment Supervisory Services Fees Total Assets Under Management Annual Fee All Assets Under Management Maximum 1.25% Fees are negotiable depending upon the needs of the client, complexity of the situation and the third-party manager if applicable. In general, fees may reduce as the aggregate assets under management increase. Fees are paid quarterly in arrears. Clients may terminate their contracts with thirty days written notice. Fees paid to M&S will not exceed 1.25%. Third-party managers may charge additional fees which will be disclosed and 5 agreed to in writing, in advance. Advisory fees are withdrawn directly from the client’s accounts with client written authorization. Financial Planning Fees Fixed Fees Depending upon the complexity of the situation and the needs of the client, the rate for financial planning is between $500 and $24,000. Fees are paid in advance but never more than six months in advance. Fees that are charged in advance will be refunded based on the prorated amount of work completed at the point of termination. The fees are negotiable, and the final fee schedule will be attached as Exhibit I of the Financial Planning Agreement. Clients may terminate their contracts without penalty within five business days of signing the Financial Planning Agreement. Project-Based Fees Fees will be negotiated and agreed upon in writing in advance and will depend on complexity. B. Payment of Fees Payment of Investment Supervisory Fees Advisory fees are withdrawn directly from the client’s accounts with client written authorization. Fees are paid quarterly in arrears. Payment of Financial Planning Fees Financial Planning fees are paid in advance on a monthly or annual basis by credit card, ACH, check or debit from investment account. Fees that are charged in advance will be refunded based on the prorated amount of work completed at the point of termination or the total days during the billing period. Payment of Project-Based Fees Project-based fees are paid via check or credit card in advance, but never more than six months in advance. C. Clients Are Responsible For Third-Party Fees Clients are responsible for the payment of all third-party fees (i.e. custodian fees, brokerage fees, mutual fund fees, transaction fees, etc.). Those fees are separate and distinct from the fees and expenses charged by M&S. Please see Item 12 of this brochure regarding broker/custodian. 6 D. Pre-payment of Fees M&S collects Investment Advisory fees custodied at Schwab in arrears. Refunds are covered in Item 5A. M&S collects financial planning fees in advance. Fees that are collected in advance will be refunded based on the prorated amount of work completed at the point of termination. Refunds for fees paid in advance will be returned within fourteen days to the client via check, return to credit card, or return deposit back into the client’s account. E. Outside Compensation For the Sale of Securities to Clients Neither M&S nor its supervised persons accept any compensation for the sale of securities or other investment products, including asset-based sales charges or service fees from the sale of mutual funds. Item 6: Performance-Based Fees and Side-By-Side Management M&S does not accept performance-based fees or other fees based on a share of capital gains on or capital appreciation of the assets of a client. Item 7: Types of Clients M&S generally provides investment advice and/or management supervisory services to the following types of clients: ❖ Individuals ❖ High-Net-Worth Individuals ❖ Charitable Organizations (501(c)(3)) Minimum Account Size There is no account minimum. 7 Item 8: Methods of Analysis, Investment Strategies, and Risk of Investment Loss A. Methods of Analysis and Investment Strategies Methods of Analysis Fiduciary Analysis of Mutual Funds and ETFs involves the analysis of funds including but not limited to: • Inception Date • Manager Tenure • Amount of Assets • Composition • Style • Prospectus Net Expense Ratio • Internal Operating Expenses • Alpha • Sharpe Ratio • 1, 3 and 5 Year returns Fiduciary Analysis is a peer percentile ranking of an investment against a set of quantitative criteria selected to reflect prudent fiduciary management alongside industry suitable evaluation methods. Fiduciary Analysis of stock positions involves the analysis of stocks including but not limited to: M&S’s methods of analysis include charting analysis, fundamental analysis, technical analysis, cyclical analysis, quantitative analysis and modern portfolio theory. Charting analysis involves the use of patterns in performance charts. M&S uses this technique to search for patterns used to help predict favorable conditions for buying and/or selling a security. Fundamental analysis involves the analysis of financial statements, the general financial health of companies, and/or the analysis of management or competitive advantages. It strives to identify stocks offering strong growth potential at a good price. Technical analysis involves the analysis of past market data; primarily price and volume. Cyclical analysis involves the analysis of business cycles to find favorable conditions for buying and/or selling a security. 8 Quantitative analysis deals with measurable factors as distinguished from qualitative considerations such as the character of management, the value of assets, the cost of capital, historical projections of sales, and so on. Modern portfolio theory is an investment approach that attempts to maximize portfolio expected return for a given amount of portfolio risk, or equivalently minimize risk for a given level of expected return, by carefully choosing the proportions of various assets. Investment Strategies M&S uses strategic asset allocation which includes long term buy, hold, and rebalance strategies. M&S believes markets are efficient and most returns are as a result of being in the correct mix of asset classes. “Efficient” means markets incorporate and reflect all available information, rendering success with any stock market timing as happenstance rather than skill. M&S views cash as a legitimate asset class. Cash may be held for client directed or tactical purposes. All asset classes, including cash, are included for fee calculation purposes. There may be times when the return on cash is lower than the fee charged. Past performance is not a guarantee of future returns. Investing in securities involves a risk of loss that you, as a client, should be prepared to bear. B. Material Risks Involved Methods of Analysis Strategic asset allocation and passive management employ a buy and hold strategy in which an investor buys investments and holds them for a long period of time, regardless of fluctuations in the market. Buy-and-hold strategies actively select holdings in a stock, mutual or Exchange Traded Fund, but, once in a position, is not concerned with short- term price movements or technical indicators. Risks involve succumbing to fear during periods of downward volatility and a need to withdraw funds during a short-term downward market cycle. Investment Strategies Long term trading is designed to capture market rates of both return and risk. Frequent trading, when done, can affect investment performance, particularly through increased brokerage and other transaction costs and taxes. Short-term trading generally holds greater risk and clients should be aware that there is a material risk of loss using any of those strategies. M&S does not endorse short-term trading as an appropriate long-term investment strategy. C. Risks of Specific Securities Utilized M&S generally seeks investment strategies that do not involve significant or unusual risk beyond that of the general domestic and/or international equity markets. 9 Mutual Funds: Investing in mutual funds carries the risk of capital loss. Mutual funds are not guaranteed or insured by the FDIC or any other government agency. You can lose money investing in mutual funds. All mutual funds have costs that lower investment returns. They can be of bond “fixed income” nature (lower risk) or stock “equity” nature (mentioned above). Equity investment generally refers to buying shares of stocks by an individual or firms in return for receiving a future payment of dividends and capital gains if the value of the stock increases. There is an innate risk involved when purchasing a stock that it may decrease in value and the investment may incur a loss. Treasury Inflation Protected/Inflation Linked Bonds: The risk of default on these bonds is dependent upon the U.S. Treasury defaulting (extremely unlikely); however, they carry a potential risk of losing share price value, albeit rather minimal. Fixed Income is an investment that guarantees fixed periodic payments in the future that may involve economic risks such as inflationary risk, interest rate risk, default risk, repayment of principal risk, etc. Debt securities carry risks such as the possibility of default on the principal, fluctuation in interest rates, and counterparties being unable to meet obligations. Stocks & Exchange Traded Funds (ETF): Investing in stocks & ETF's carries the risk of capital loss (sometimes up to a 100% loss in the case of a stock holding bankruptcy). Investments in these securities are not guaranteed or insured by the FDIC or any other government agency. REITs have specific risks including valuation due to cash flows, dividends paid in stock rather than cash, and the payment of debt resulting in dilution of shares. Precious Metal ETFs (Gold, Silver, Palladium Bullion backed “electronic shares” not physical metal): Investing in precious metal ETFs carries the risk of capital loss. Alternatives Investments include, but are not limited to, strategies such as hedge funds, private equity, direct real estate investments, derivatives, cryptocurrencies (e.g., Bitcoin, Ethereum, etc.), or other assets outside of SEC-regulated securities exchanges or over-the- counter markets. M&S considers Alternative Investments to be speculative with high risk of loss. From time to time, M&S may recommend or manage these types of assets. If suitable, M&S will recommend specific REITs or Private Equity alternatives that have undergone specific due diligence analysis. Only after this review, will any specific offerings be recommended. For clients who have interest, M&S strongly recommends limiting the investment in Alternative Investments to a percentage of one’s portfolio, such that a total loss of value on such Alternative Investments would not derail their financial plan. M&S will provide information on the benefits and risks of any recommended alternative investment. 10 As of the date of this Brochure, M&S employees are prohibited from receiving any form of compensation related to their advice on Alternative Investments. Advisors who have joined M&S from a previous investment advisory firm with clients holding legacy positions in Alternative Investments may collect previously agreed upon fees for legacy Alternative Investments within a client’s account. In addition, while M&S employees are not prohibited from holding Alternative Investments in their own personal accounts outside of M&S management, they are prohibited from receiving monetary consideration for the recommendation of any specific Alternative Investment. M&S will disclose if they hold the Alternative Investment desired by the client, but this disclosure is not a recommendation or endorsement of that specific Alternative Investment. Item 9: Disciplinary Information A. Criminal or Civil Actions There are no criminal or civil actions to report. B. Administrative Proceedings There are no administrative proceedings to report. C. Self-regulatory Organization (SRO) Proceedings There are no self-regulatory organization proceedings to report. Item 10: Other Financial Industry Activities and Affiliations A. Registration as a Broker/Dealer or Broker/Dealer Representative Neither M&S nor its representatives are registered as or have pending applications to become a broker/dealer or representatives of a broker/dealer. B. Registration as a Futures Commission Merchant, Commodity Pool Operator, or a Commodity Trading Advisor Neither M&S nor its representatives are registered or have pending applications to become a Futures Commission Merchant, Commodity Pool Operator, or a Commodity Trading Advisor. C. Registration Relationships Material to this Advisory Business and Possible Conflicts of Interests Susan Ann Sylvest, Thomas Eugene Murphy, Donald LaGrange and Elizabeth Sullivan are licensed insurance agents. From time to time, they will offer clients advice or products 11 from those activities. Clients should be aware that these services pay a commission and may involve a conflict of interest, as commissionable products conflict with the fiduciary duties of a registered investment advisor. M&S always acts in the best interest of the client. Clients are in no way required to implement the plan through any representative of M&S in their outside capacities. D. Selection of Other Advisors or Managers and How This Advisor is Compensated for Those Selections M&S may direct clients to third party money managers. M&S will be compensated via a fee share from the advisors to which it directs those clients. This relationship will be disclosed in each contract between M&S and each third-party advisor. The fees shared will not exceed any limit imposed by any regulatory agency. This creates a conflict of interest in that M&S has an incentive to direct clients to the third-party money managers that provide M&S with a larger fee split. M&S will always act in the best interests of the client, including when determining which third party manager to recommend to clients. M&S will ensure that all recommended advisors or managers are licensed, or notice filed in the states in which M&S is recommending them to clients. Item 11: Code of Ethics, Participation or Interest in Client Transactions and Personal Trading A. Code of Ethics M&S has a written Code of Ethics that covers the following areas: Prohibited Purchases and Sales, Insider Trading, Personal Securities Transactions, Exempted Transactions, Prohibited Activities, Conflicts of Interest, Gifts and Entertainment, Confidentiality, Service on a Board of Directors, Compliance Procedures, Compliance with Laws and Regulations, Procedures and Reporting, Certification of Compliance, Reporting Violations, Compliance Officer Duties, Training and Education, Recordkeeping, Annual Review, and Sanctions. Our Code of Ethics is available upon request, with no charge, to any client or prospective client. B. Recommendations Involving Material Financial Interests M&S does not recommend that clients buy or sell any security in which a related person to M&S or M&S has a material financial interest. 12 C. Investing Personal Money in the Same Securities as Clients From time to time, representatives of M&S may buy or sell securities for themselves that they also recommend to clients. This may provide an opportunity for representatives of M&S to buy or sell the same securities before or after recommending the same securities to clients resulting in representatives profiting off the recommendations they provide to clients. Such transactions may create a conflict of interest. M&S will always document any transactions that could be construed as conflicts of interest and will always execute client transactions before their own (or simultaneously) when similar securities are being bought or sold. D. Trading Securities At/Around the Same Time as Clients’ Securities From time to time, representatives of M&S may buy or sell securities for themselves at or around the same time as clients. This may provide an opportunity for representatives of M&S to buy or sell securities before or after recommending securities to clients resulting in representatives profiting off the recommendations they provide to clients. Such transactions may create a conflict of interest. M&S will always execute client transactions before their own (or simultaneously with) when similar securities are being bought or sold. Item 12: Brokerage Practices A. Factors Used to Select Custodians and/or Broker/Dealers The Custodian, Schwab Institutional, a division of Charles Schwab & Co., Inc., (CRD # 5393) was chosen based on its relatively low transaction fees and access to mutual funds and ETFs. M&S will never charge a premium or commission on transactions, beyond the actual cost imposed by the Custodian. 1. Research and Other Soft-Dollar Benefits M&S participates in institutional advisor programs (the “Programs”) offered by Schwab Advisor Services. Schwab offers its programs to independent investment advisors. The Programs include such services as custody of securities, trade executions, clearance and settlement of transactions. M&S receives some benefits from Schwab through its participation in the Programs. M&S is independently operated and is not affiliated with Schwab. 13 M&S may recommend Schwab to clients for custody and brokerage services. While there is no direct link between M&S participation in the Programs and the investment advice it gives to its clients, through its participation in the Programs M&S receives economic benefits that are typically not available to Schwab retail investors. These benefits generally include, without limitation, the following products and services (provided without cost or at a discount): receipt of duplicate client statements and confirmations; consulting services; access to a trading desk serving Program participants; access to block trading; the ability to have advisory fees deducted directly from client accounts; access to an electronic communications network for client order entry and account information; access to mutual funds and ETFs with no transaction fees and to certain institutional money managers; and discount on compliance, marketing, research, technology, and practice management products or services provided to M&S by third party vendors. Schwab may also pay for business consulting and professional services received by M&S related persons. These services are considered soft dollar arrangements. 2. Brokerage for Client Referrals M&S and its related persons receive no referrals from a broker-dealer or third party in exchange for using that broker-dealer or third party. 3. Clients Directing Which Broker/Dealer/Custodian to Use M&S will require clients to use a specific custodian to execute transactions. Not all advisors require clients to use a particular custodian. B. Aggregating (Block) Trading for Multiple Client Accounts M&S maintains the ability to block trade purchases across accounts. Block trading will be done cautiously to avoid adverse tax consequences to the client. Item 13: Reviews of Accounts A. Frequency and Nature of Periodic Reviews and Who Makes Those Reviews Susan Ann Sylvest is the Chief Investment Officer and is responsible to ensure all client accounts are reviewed regularly with regard to clients’ respective investment policies and risk tolerance levels. All accounts at M&S are assigned to this reviewer. Client accounts are reviewed at least annually.. At times, account reviews will indicate that no trades are needed. The absence of transactions during a period of time should not be misinterpreted as a lack of attention or lack of monitoring that is part of M&S fiduciary responsibility. 14 B. Factors That Will Trigger a Non-Periodic Review of Client Accounts Reviews may be triggered by material market, economic or political events, or by changes in client's financial situation (such as retirement, termination of employment, physical move, or inheritance). C. Content and Frequency of Regular Reports Provided to Clients Each client will receive a written report that details the client’s account including assets held and asset value at least quarterly. This statement will come directly from the custodian. Item 14: Client Referrals and Other Compensation A. Economic Benefits Provided by Third-Parties for Advice Rendered to Clients (Includes Sales Awards or Other Prizes) M&S will receive economic benefit from third-parties (i.e. money managers) for advice rendered to M&S clients. B. Compensation to Non – Advisory Personnel for Client Referrals M&S does not directly or indirectly compensate any person who is not advisory personnel for client referrals. Item 15: Custody M&S, with client written authority, has limited custody of client’s assets through direct fee deduction of M&S’s fees. Clients will receive all account statements and billing invoices that are required in each jurisdiction, and they should carefully review those statements for accuracy. Custody is also disclosed in Form ADV because M&S has authority to transfer money from some client account(s) to a third-party, which constitutes a standing letter or authorization (SLOA). Accordingly, M&S will follow the safeguards specified by the SEC and undergo an annual audit for those accounts for which we claim custody. Item 16: Investment Discretion For those client accounts where M&S provides ongoing supervision, the client has given M&S written discretionary authority over the client’s accounts with respect to securities to be bought 15 or sold and the amount of securities to be bought or sold. Details of this relationship are fully disclosed to the client before any advisory relationship has commenced. The client provides M&S discretionary authority via a limited power of attorney in the Investment Advisory Contract and in the contract between the client and the custodian. In cases where the client withholds trading discretion from M&S for either an account or specific positions, that decision will be documented. Item 17: Voting Client Securities (Proxy Voting) M&S will not ask for, nor accept voting authority for client securities. Clients will receive proxies directly from the issuer of the security or the custodian. Clients should direct all proxy questions to the issuer of the security. Item 18: Financial Information A. Balance Sheet M&S does not require nor solicit prepayment of more than $1200 in fees per client, six months or more in advance and therefore does not need to include a balance sheet with this brochure. B. Financial Conditions Reasonably Likely to Impair Ability to Meet Contractual Commitments to Clients Neither M&S nor its management have any financial conditions that are likely to reasonably impair our ability to meet contractual commitments to clients. C. Bankruptcy Petitions in Previous Ten Years M&S has not been the subject of a bankruptcy petition in the last ten years. 16