Am I an ERISA Fiduciary?
Kevin Clark Kevin Clark

Am I an ERISA Fiduciary?

This is one of the main questions that I get from advisers.  Or I get an adviser telling me they don’t have to worry about being an ERISA Fiduciary as they are an SEC Fiduciary.  Now, I don’t have the time . . .

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Hurricane Milton - 1st person view!
Kevin Clark Kevin Clark

Hurricane Milton - 1st person view!

It’s Thursday October 10, 2024 at 1030am EDT.  Last night Hurricane Milton made landfall on Siesta Key Beach, five miles from my house. I’ve been in Florida for ten years and this was not my first hurricane.  But this was my first time that I’ve been in a hurricane where we took a direct hit. The experience was surreal…

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Mass Challenge Early Stage Cohort – graduate!
Kevin Clark Kevin Clark

Mass Challenge Early Stage Cohort – graduate!

I am typing this blog from the couch of a hotel room in Dallas, TX.  What seemed like forever ago, I was in Boston, MA (with 100+ entrepreneurs) for the kickoff of a 12-week program to “accelerate” my ERISA compliant software business. The program is called the Mass Challenge, and it took me 4 attempts over 4 years to get accepted to it. I almost didn’t apply the fourth time but my friend Joe Messinger from CollegeAidPro (another Mass Challenge alumni firm) encouraged me to look at the judges’ feedback over the years and give it another shot. And I am glad that I did…

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FPA Conference 2024
Kevin Clark Kevin Clark

FPA Conference 2024

Last week I had the incredible honor of landing my first “paid” speaking gig. So, I want to give a great big shout out and say thank you to the Financial Planning Association (FPA) for allowing me to share my passion of ERISA law with many of your members. Yes, you read that right. I am very passionate about ERISA law. Specifically, the intersection of ERISA law and the financial professional working with their clients. We all have clients who ask us how they should be investing their 401(k) plan at work. Many advisers don’t know that answering that question may make you an ERISA Fiduciary. . . .

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Fidelity vs pontera
Kevin Clark Kevin Clark

Fidelity vs pontera

FYI, late last night I read the article above about Fidelity blocking the use of the third parties to trade “held away” accounts . . . I know Fidelity’s announcement may change the way many advisers work with “held away” accounts after 10/2/2024. . . .

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