IMPORTANT DISCLOSURES
RPOA Form CRS, ADV 2A Appendix and ADV 2A – PDF Download
1. Firm Information & Regulatory Status
- This Website is a publication of RPOA Advisors, Inc. (d/b/a Retirement Planners of America) (“Retirement Planners of America”, “RPOA”), an SEC-registered investment adviser with its primary business location in Plano, Texas.
- Registration with the SEC does not imply skill, training, or ability and is not an endorsement by any securities regulator.
- Ken Moraif is a controlling owner and investment adviser representative of the firm.
- This Website provides general information only and should not be construed as solicitation, an attempt to effect securities transactions, or the rendering of personalized investment advice over the Internet.
- Any subsequent direct communication with a prospective client will be conducted by a representative that is either registered, or qualifies for an exemption or exclusion from registration, as applicable.
- For information pertaining to the registration status of Retirement Planners of America, please visit www.adviserinfo.sec.gov or contact the SEC or the state securities regulators for those states in which Retirement Planners of America maintains a notice filing.
- Each user of this Website (“User”) is encouraged to obtain a copy of Retirement Planners of America’s current written disclosure statement discussing Retirement Planners of America’s business operations, services, fees, and applicable conflicts of interest, which is available from Retirement Planners of America upon request or by searching for Retirement Planners of America at www.adviserinfo.sec.gov.
2. Copyright, Trademark & Content Usage
- All materials contained in this Website are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published, or broadcast without the prior written permission of Retirement Planners of America.
- Users may not alter or remove any trademark, copyright or other notice from copies of the content.
3. Liability Limitations & User Agreement
- Except as prohibited by law, and as a condition precedent to accessing this Website, each User agrees to release and hold harmless Retirement Planners of America, its members, managers, officers, directors, owners, employees, agents, and affiliates from any and all adverse consequences resulting from any actions or omissions that are independent of receiving personalized individual advice from Retirement Planners of America.
- The preceding sentence shall not limit or waive any applicable User rights under federal or state law, including securities laws and fiduciary obligations that cannot be limited or waived.
4. Third-Party Hyperlinks & External Content
- Hyperlinks on this Website are provided as a convenience.
- Retirement Planners of America does not make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to the Website or incorporated herein, and takes no responsibility for the same.
- All such information is provided solely for convenience, educational, and informational purposes only, and all Users are guided accordingly.
5. Tools, Calculators & Interactive Features
- To the extent that any User accesses any economic calculator or similar interactive device contained within or linked to the Website, the User acknowledges and understands that the information resulting from the use of any such calculator/device is not, and should not be construed, as the receipt of, or a substitute for, personalized individual advice from Retirement Planners of America, or from any other investment professional.
6. Investment Risks & Performance Disclosures
- Past performance is no guarantee of future results.
- Different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy (including those undertaken or recommended by Retirement Planners of America) will be profitable or equal any historical performance level.
- All investment strategies have the potential for profit or loss. Investment strategies such as asset allocation, diversification, and rebalancing do not assure or guarantee better performance and cannot eliminate the risk of investment losses.
- There is no guarantee that a portfolio employing these or any other strategy will outperform a portfolio that does not engage in such strategies.
- Any target referenced on this Website is not a prediction or projection of actual investment results and there can be no assurance that any target will be achieved.
- Changes in investment strategies, contributions or withdrawals may materially alter the performance of an individual’s portfolio.
- Economic factors, market conditions, and investment strategies will affect the performance of any portfolio and there are no assurances that it will match or outperform any particular benchmark.
- Projections, forecasts and estimates referenced on the Website are not purely historical in nature and are therefore necessarily speculative and subject to material variation.
7. Index Data & Benchmark Disclosures
- Any index performance data appearing or referenced on the Website has been compiled by the respective copyright holders, trademark holders, or publication/distribution right owners of each index.
- Historical performance results for investment indexes and/or categories are for illustrative purposes only and do not represent actual portfolio performance.
- The indexes and/or categories generally do not reflect the deduction of transaction and/or custodial charges, or the deduction of an investment-management fee, which would decrease historical performance results.
- Investors cannot invest directly in an index.
- Retirement Planners of America makes no warranty, express or implied, for any decision taken by any party in reliance upon such index information.
8. Publications, Commentary & Timeliness
- Certain portions of the Website (e.g., newsletters, articles, videos, audio files, commentaries, indexes, etc.) may contain a discussion of, and/or provide access to, Retirement Planners of America’s (and those of other investment and non-investment professionals) positions and/or recommendations as of a specific prior date.
- Due to various factors, including changing market conditions, these discussions may no longer be reflective of current positions or recommendations.
- While information presented is believed to be factual and up-to-date, Retirement Planners of America does not guarantee its accuracy and it should not be regarded as a complete analysis of the subjects discussed.
- All expressions of opinion reflect the judgment of the authors as of the date of publication and are subject to change.
- No User should assume that the publication of any of this material serves as the receipt of, or a substitute for, personalized advice from Retirement Planners of America or from any other investment professional.
- Users should not use any Website content as the sole basis for any investment, financial planning, tax, legal or other decisions. Rather, a professional adviser should be consulted and/or independent due diligence should be conducted before implementing any of the options referenced in the Website content.
- Retirement Planners of America is neither a law firm nor an accounting firm. The tax and estate planning information provided is general in nature. It is provided for informational purposes only and should not be construed as legal or tax advice. Users, clients, and prospective clients should consult an attorney or tax professional regarding their specific legal or tax situation.
9. Insurance Agency Affiliation & Conflicts of Interest
- Retirement Planners of America is affiliated with Moraif Financial Group, Inc. (“MFG”), a licensed insurance agency, through common control and ownership.
- All persons providing investment advice on behalf of Retirement Planners of America are also required to be licensed insurance agents.
- These persons will earn commission-based compensation for selling insurance products, including insurance products they may offer to clients of Retirement Planners of America. MFG will also receive a portion of the commission-based compensation.
- Insurance commissions earned are separate from Retirement Planners of America’s advisory fees.
- The recommendation by Retirement Planners of America or a representative that a client purchase an insurance commission product through a Retirement Planners of America representative and/or MFG presents a conflict of interest, as the receipt of commissions may provide an incentive to recommend insurance products based on commissions to be received, rather than on a particular client’s need.
- No client or prospective client is under any obligation to purchase any insurance commission products through such a representative.
- Clients and prospective clients are reminded that they may purchase securities and insurance products recommended by Retirement Planners of America through other, non-affiliated broker-dealers and/or insurance agencies.
10. Photos & Images
- Photos and images on this Website are not of past or present clients of Retirement Planners of America and should not be construed as an endorsement of Retirement Planners of America or its representatives by any client.
11. Invest and Protect Strategy™
11.1 Name & Historical Background
- The “Invest and Protect Strategy™” (the “Strategy”) refers to a strategy that Retirement Planners of America fundamentally employs for its clients.
- Retirement Planners of America previously employed a similar strategy that it referred to as the “buy, hold, and sell” strategy or “buy, hold, and protect” strategy.
- Further, Retirement Planners of America’s founder, Ken Moraif, is the author of “Buy Hold & Sell: The investment strategy that could save you from the next market crash.” Although the name of this book is similar to the Strategy, it is not an actual representation of how Retirement Planners of America would manage its clients’ assets or a representation of its benefits.
- References to recommendations made under the Strategy that predate 2011—and statements such as “we told our clients to be out of the market in 2007 and 2008,” “we told our clients to get back into the market in 2009,” and “clients that followed our advice were out of the market in 2008”—refer to strategies collectively employed and recommendations collectively made by Retirement Planners of America’s principals while employed at Eagle Strategies, LLC, and also at Cambridge Investment Research Advisors, Inc.
- Three of the five principals remain as principals today, including Retirement Planners of America’s founder, Ken Moraif. Retirement Planners of America has been employing the Strategy since its inception in 2011. Therefore, any references to Retirement Planners of America’s performance or its investment advisory recommendations predating 2011 generally refer to recommendations made by Retirement Planners of America’s principals at the respective other firms described above.
11.2 Strategy Limitations & Risks
- Like all investment strategies, the Strategy is not guaranteed.
- It is possible that the sell signal can incorrectly predict a bear market, which is generally accepted as a 20% drop in a market index, and affected investors would not participate in the gains they could have realized by remaining as previously invested.
- When the “sell” or “protect” portion of the Strategy is implemented, affected investors will incur applicable transaction costs and taxable accounts will incur tax consequences.
- However, when implementing that portion of the Strategy, Retirement Planners of America generally believes that the benefit of avoiding bear markets outweighs the burden of these transaction costs and tax consequences.
- Because we help clients establish a total return necessary to achieve their retirement goals, achieving that total return is dependent on the success of the Strategy predicting market fluctuations, for which there is no assurance.
- The Strategy may have a significant negative impact on a client’s long-term total return if it does not perform as anticipated. For example, the Strategy may fairly accurately predict a market downturn, but fail to accurately predict a market upturn, thereby causing either further losses or lesser gains than necessary to maintain an acceptable long-term total return to meet the client’s investment objectives.
- Before 2003, Retirement Planners of America’s principals were not using the Strategy, and clients at that time may have experienced different results. Therefore, results prior to that date should not be viewed as indicative of Retirement Planners of America’s (or its principals’, investment advisers’, or other representatives’) skill or as a guarantee that clients or prospective clients will achieve similar results.
- Backtesting was used in creating illustrations prior to 2003.
12. Professional Credentials (Ken Moraif)
- Ken Moraif has worked in the financial services industry since 1988. He has been a CERTIFIED FINANCIAL PLANNER™ professional since 1998. Certified Financial Planner Board of Standards Inc. owns the certification marks CFP®, Certified Financial Planner™ and federally registered CFP (with flame design) in the U.S., which it awards to individuals who successfully complete CFP Board’s initial and ongoing certification requirements.
- Ken earned the CHARTERED RETIREMENT PLANNING COUNSELORSM designation in 2019. The CRPC® designation is awarded by The College for Financial Planning®, which is owned by the Kaplan Company and is accredited by the Higher Learning Commission. Individuals may earn the CRPC® designation by completing a study program and passing a multiple choice exam.
13. Awards, Rankings & Rating Service Disclosures
General Statements Applying to All Awards & Rankings
- Awards, rankings, ratings, and/or recognition by unaffiliated rating services and/or publications are absolutely not indicative of Retirement Planners of America’s future performance or its clients’ investment success.
- They should not be construed by a client or prospective client as a guarantee that such client will experience a certain level of results if Retirement Planners of America is engaged, or continues to be engaged, to provide investment advisory services.
- Nor should they be construed as a current or past endorsement of Retirement Planners of America by any of its clients.
- Rankings published by unaffiliated rating services and/or publications are generally based on information prepared and/or submitted by the recognized adviser.
- Investment performance is not an explicit criterion because clients’ investment goals differ.
- Working with a highly rated or ranked adviser does not ensure that a client or prospective client will experience a higher level of performance.
- Retirement Planners of America does not advertise its receipt of awards, rankings, ratings, and/or recognition by unaffiliated rating services and/or publications unless it has a reasonable basis to believe that any questionnaire or survey used in the process is structured to make it equally easy for a participant to provide favorable and unfavorable responses and is not designed or prepared to produce any predetermined result.
13.1 Barron’s “America’s Top 100 Independent Financial Advisors” (multiple years)
- The applicable “Top 100 Independent Financial Advisors” was published Sept. 14, 2019; Sept. 15, 2017; Aug. 27, 2016; Aug. 22, 2015; Aug. 23, 2014; Aug. 24, 2013; and Aug. 27, 2012, generally based upon criteria evaluated over the course of the previous year since last publication of the same ranking.
- Barron’s is a registered trademark of Dow Jones & Company, L.P. All rights reserved.
- Barron’s rankings are based upon data provided by individual advisers and their firms, including submissions by Retirement Planners of America. Barron’s confirms that data via regulatory databases, cross-checks with securities firms and conversations with individual advisers.
- The ranking reflects the volume of assets overseen by the advisors and their teams, revenues generated for the firms and the quality of the advisors’ practices. The scoring system assigns a top score of 100 and rates the rest by comparing them with the winner. A ranking of “N” denotes an adviser who is new to the list. The formula Barron’s uses to rank advisers is proprietary. It has three major components: assets managed, revenue produced and quality of practice. Investment returns are not a component of the rankings because an adviser’s returns are dictated largely by the risk tolerance of clients. The quality-of-practice component includes an evaluation of each adviser’s regulatory record.
- Retirement Planners of America applied for consideration, and the result was independently granted.
- Barron’s does not require membership or payment for award participants and/or applicants to be considered for an award designation. Neither Retirement Planners of America nor any other participating advisers paid a fee to be eligible for the ranking. However, after receiving the designation, Retirement Planners of America paid a fee to a third party in exchange for plaques commemorating the designation. While paid after receiving the designation and not as a condition precedent, the fact that Retirement Planners of America paid any fee with respect to its receipt of the designation should be considered if such designation is a factor in a client or prospective client’s evaluation of whether to initially to engage or continue to engage Retirement Planners of America to provide investment advisory services.
- Retirement Planners of America is unaware of any undisclosed facts that could potentially invalidate the appropriateness of the ranking. By virtue of disclosing this ranking, Retirement Planners of America is disclosing favorable ratings (to the extent that Retirement Planners of America is ranked above other advisors) and unfavorable ratings (to the extent that Retirement Planners of America is ranked below other advisors). Barron’s does not publish, nor is Retirement Planners of America aware of, the percentage of other advisers that received the applicable ranking. The ranking may not be representative of any one client’s experience because of the way in which it is calculated. The ranking is absolutely not indicative of future performance or any future performance pertaining to clients’ investments. This ranking or any other rankings and/or recognition by unaffiliated rating services and/or publications should not be construed as a guarantee of a certain level of results or satisfaction.
- Additional information and ranking lists:
- Barron’s Top Financial Advisors (overview)
- Barron’s list 2018
- Barron’s list 2017
- Barron’s list 2016
- Barron’s list 2015
- Barron’s list 2014
- Barron’s list 2013
- Barron’s list 2012
13.2 Financial Times 300 Top Registered Investment Advisers (2014, 2018, 2019)
- “FT” and “Financial Times” are trademarks of The Financial Times Ltd. (“FT”). The Financial Times 300 Top Registered Investment Advisers is an independent listing produced annually. FT is not affiliated with Retirement Planners of America.
- The FT 300 is presented as an elite group, not a competitive ranking of one to 300. The results are not based upon information or opinions of participating RIAs’ clients and therefore are not representative of any participating RIA’s clients’ experiences.
- Neither the participating RIAs nor their employees pay a fee to The Financial Times in exchange for inclusion. Retirement Planners of America applied for consideration, and the result was independently granted.
- As of 2019, applicants are graded on six factors: assets under management; AUM growth rate; company’s years in existence; compliance record; industry certifications; and online accessibility. A three-year growth rate is used to emphasize long-term client satisfaction.
- For the 2019 publication, more than 2,000 RIAs were invited to apply; 740 applied and 300 made the final list across 37 states. The FT 300 caps the number of advisory companies from any one state, roughly based on the distribution of millionaires across the U.S.
- FT 300 is based on data gathered from RIAs, regulatory disclosures, FT’s research, and/or research conducted on FT’s behalf by Ignites Distribution Research.
- FT does not include RIAs if the ratings are not statistically valid. Neither the participating RIAs nor their employees pay a fee for inclusion, but RPOA may pay a fee after receiving the designation for plaques or reprints. Such payments should be considered by clients or prospects evaluating whether to engage Retirement Planners of America.
- Inclusion on The FT 300 is not indicative of future performance, or any future performance pertaining to clients’ investments; should not be construed as a guarantee of a certain level of results; and should not be construed as a current or past endorsement by any clients.
- Additional information:
- FT 300 (2019)
- FT 300 (2018)
- FT 300 (2014)
13.3 Forbes Top 100 Wealth Managers (2015)
- “Forbes” is a registered mark of Forbes LLC. Data for the Forbes “Top Wealth Managers” list is compiled by RIA Database. Candidate firms qualify based on both quantitative and qualitative criteria.
- As of 2015, to be considered an RIA must have a minimum of 50% of production with individual clients, an acceptable compliance record, and must be performing wealth management services. RIAs on the list cannot run a broker-dealer (though they can be affiliated with one), cannot be a bank (though trust companies are permitted), and must be performing wealth management services. Firms cannot have had any regulatory, civil or criminal disclosures.
- The list includes 100 firms, ranked by assets under management for year-end 2014, reported as of March 31, 2015. Forbes does not receive a fee or require membership in exchange for rankings. Retirement Planners of America applied for consideration, and the result was independently granted.
- After receiving the designation, Retirement Planners of America paid a fee to a third party in exchange for plaques commemorating the designation. While paid after receipt and not as a condition precedent, this should be considered by clients and prospects.
- Retirement Planners of America is not aware of the number of participants that applied to be on “Forbes Top 100 Wealth Advisors” for the year upon which Retirement Planners of America appeared. The ranking may not be representative of any one client’s experience and is not indicative of future performance. It should not be construed as a guarantee of results or an endorsement.
- Methodology: Forbes methodology (2015)
- Ranking list: Forbes Top 100 Wealth Managers 2015 list
13.4 Forbes Best-in-State Wealth Advisors (2020, 2021)
- The Forbes ranking of “Best-in-State Wealth Advisors” is developed by SHOOK Research. Candidates must have a minimum of seven years of experience, and the ranking algorithm weights factors like revenue trends, assets under management, compliance records, industry experience, and best practices in working with clients.
- Neither Forbes nor SHOOK Research received a fee or requires membership in exchange for rankings. Retirement Planners of America applied for consideration, and the result was independently granted. After receiving the designation, Retirement Planners of America paid a fee to a third party in exchange for plaques commemorating the designation.
- Retirement Planners of America is not aware of the number of participants that applied to be on the rankings for the years upon which it appeared. The rankings may not be representative of any one client’s experience and are not indicative of future performance. They should not be construed as guarantees of results or endorsements.
- Methodology 2020: Forbes Methodology 2020
- Methodology 2021: Forbes Methodology 2021
13.5 Financial Advisor Magazine RIA Survey & Ranking (2014–2023)
- Financial Advisor Magazine is a monthly news publication; RPOA is not affiliated with it. The RIA Survey & Ranking in which RPOA appeared was based upon criteria evaluated over the course of the previous year since last publication of the same designation.
- Candidates must complete an online survey containing approximately 26 to 30 questions concerning clients, firm size and age, services, and growth efforts (specific questions vary by year).
- Final ranking evaluates: (1) year-end discretionary and non-discretionary AUM reported on Form ADV; (2) percentage of growth in assets for the relevant calendar year; (3) average assets per client relationship; (4) percentage of growth in assets per client; and (5) percent change in number of client relationships.
- To be eligible, candidates must be registered investment advisers and provide financial planning and related services to individual clients. Corporate RIAs and IARs are not eligible.
- Recognition occurred in 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, and 2023. Retirement Planners of America applied for consideration, and the result was independently granted.
- Financial Advisor Magazine does not require membership or payment to be considered. FA Magazine does not publish, nor is RPOA aware of, the number of participants that applied. Rankings may not be representative of any one client’s experience and are not indicative of future performance or an endorsement.
- Financial Advisor Ranking lists:
- FA Ranking 2023
- FA Ranking 2022
- FA Ranking 2021
- FA Ranking 2020
- FA Ranking 2019
- FA Ranking 2018
- FA Ranking 2017
- FA Ranking 2016
- FA Ranking 2015
- FA Ranking 2014
13.6 Better Business Bureau Accreditation
- BBB accreditation indicates that a company meets certain standards with regard to licensing, regulatory complaints, consumer complaints, advertising and other business practices.
- Eligibility generally includes being in business at least six months; possessing requisite bonding and licenses; no unresolved customer complaints; no governmental ethics violation; fulfilling all contracts and promises; following advertising laws and codes; having and following a privacy policy and secure transactions (if applicable).
- BBB-accredited firms agree to the BBB Code of Business Practices, including: maintaining a positive marketplace track record; adhering to advertising standards; honest representation; transparent disclosure of business nature, location, ownership, and policies; abiding by written and verbal agreements; addressing disputes in good faith; protecting collected data and respecting customer preferences; and operating with integrity.
- Clients can view BBB rating system details (A+ to F). BBB accredited businesses pay a uniform fee in advance for accreditation review/monitoring and to support BBB services.
- Retirement Planners of America is unaware of any undisclosed facts that could invalidate the appropriateness of the designation. By virtue of disclosing this designation, favorable and unfavorable ratings are disclosed. RPOA is not aware of the percentage of advisers that received the applicable rating.
- BBB does not require membership or payment to be considered for the designation. Retirement Planners of America applied for consideration, and the result was independently granted. The rating may not be representative of any one client’s experience and is not indicative of future performance or an endorsement.
- BBB Accreditation Standards: BBB Accreditation Standards
13.7 BBB North Central Texas Torch Award for Ethics
- RPOA is not affiliated with the North Central Texas Better Business Bureau (NCTBBB). NCTBBB does not endorse RPOA or any representatives.
- Torch Award results are not based on clients’ opinions and therefore are not representative of clients’ experiences. Neither RPOA nor employees paid a fee to be considered. Membership or payment is not required to be considered.
- RPOA applied for consideration, and the result was independently granted. NCTBBB evaluates narrative responses regarding six criteria focused on ethics, policies, education, recommendations, customer reviews, and financial track record, among other criteria. Awards are granted by company-size categories based on number of employees.
- RPOA is unaware of how many nominees are considered. As of September 2017, 19 companies received the award. Companies are ineligible if: in business less than three years; BBB rating below “B”; indications of unmet financial obligations; or if the company received a Torch Award in the past three years.
- RPOA is unaware of any undisclosed facts that could invalidate the appropriateness of the ranking. Disclosure of this designation includes favorable and unfavorable ratings. Receipt of the Torch Award is not indicative of future performance or an endorsement.
- Methodology: Torch Awards Methodology
13.8 Inc. 5000 America’s Fastest-Growing Private Companies (2018)
- Companies are ranked according to percentage revenue growth from 2014 to 2017. To qualify, companies must have been founded and generating revenue by March 31, 2014; be U.S.-based, privately held, for-profit, and independent as of December 31, 2017 (though some may have since gone public or been acquired).
- Growth rates used to determine rankings were calculated to two decimal places. In the case of ties, companies with more revenue were placed higher. Minimum revenue required for 2014 was $100,000; for 2017 it was $2 million. Inc. reserves the right to decline applicants for subjective reasons.
- RPOA applied for consideration, and the result was independently granted. After receiving the designation, RPOA may pay a fee for logo licensing, plaques, or other commemorations. Although paid after receipt and not as a condition, such payments should be considered by prospects or clients.
- RPOA is not aware of the number of participants that applied. The ranking may not be representative of any one client’s experience and is not indicative of future performance or an endorsement. Inclusion should not be construed as a guarantee of results.
- Ranking list: 5000 (2018)
13.9 Dallas Business Journal 50 Fastest Growing Mid-Size Companies in North Texas (2019)
- Mid-size companies were defined as having revenue between $25 million and $750 million. Nominees were ranked on a weighted growth index of revenue from 2016 to 2018.
- Inclusion in this ranking is not indicative of RPOA’s future performance or any future performance pertaining to clients’ investments; should not be construed as a guarantee of results if RPOA is engaged; and should not be construed as a current or past endorsement by any clients.
- This ranking may not be representative of any one client’s experience and is not indicative of future performance or an endorsement. It should not be construed as a guarantee of satisfaction or results.
- Methodology and list: DBJ Middle Market 50 (2019)