Section 3(38) is an "investment manager" and by definition is a fiduciary because they take 1) discretion, 2) authority and 3) control of the plan's assets. ERISA provides that a plan sponsor can delegate the significant responsibility (and significant liability) of selecting, monitoring and replacing of investments to the 3(38) investment manager fiduciary.

A 3(38) fiduciary can only be (a) a bank, (b) an insurance company, or (c) a registered investment adviser (RIA) (Attentive Investment Managers, Inc. is an RIA)

We have the flexibility and experience to assume the legal position of either an ERISA 3(21) or ERISA 3(38) investment fiduciary for every 401(k)/Retirement plan.  Our contracts clearly indicate our fiduciary roles and responsibility.  

So what does this mean?  Our 3(38) capability means that we must act with the sole purpose of benefiting the plan participants and beneficiaries.  We have committed our time to understanding and monitoring the investment and administrative processes of each plan we handle.  As such, we are able to significantly reduce the personal liability faces by stewards of retirement plans.  This means the plan sponsor and all other plan fiduciaries are relieve of most of their fiduciary responsibility for the investment decisions made by the investment manager and is as such the core advantage of utilizing a 3(38) Fiduciary to manage your plan.  

Due to renewed State orders for shelter-in-place we will be modifying our office operations. We will be suspending services at our physical office for the public. However, we are available to you via web meeting (zoom), email and telephone (Phone lines have been forwarded to our personal cell phones) during regular business hours. We will be able to fully service all your investment needs with no interruption.

You may drop contribution checks at our office through the mail slot or they may be mailed directly to TD Ameritrade (address listed below). Please be sure to notate your account number on the check.

TD Ameritrade
PO BOX 650567
Dallas, TX 75265-0567

Rest assured that we will continue to monitor your investments and market conditions on an ongoing basis with no interruption. Should you have any questions or concerns please feel free to contact us.

We will navigate this crisis as best we can, coming together and making shared sacrifices. We hope that we can help to slow down the effect of this virus together and solve this swiftly. We also wish everyone well and would like to extend our gratitude for your patience during these trying times. Continue to watch for updates from us.