Fiduciary Services PDF Print E-mail

A Fiduciary Duty is a legal or ethical relationship of confidence and trust between two or more parties. It is the highest standard of care. Most people have a trusted accountant, attorney, or medical doctor. These professionals act in a trusted Fiduciary capacity and have a legal duty of loyalty to always act in the best interest of their client or patient. Did you know that in the financial services industry most financial advisors are NOT Fiduciaries? Most financial advisors have a duty of loyalty to the firm or agency they work for; and the advice they provide clients must simply meet a lesser "suitability standard". Ask your financial advisor if he/she is a Fiduciary, or a Broker?

There are two main types of Fiduciary Services offered by Arista:

Investment Accounts – We acknowledge our fiduciary status in our Investment Management Agreement with each client. Thus becoming a named fiduciary.

Retirement Plans - ERISA §3(38) Investment Manager and ERISA §3(21) Advisor. There are other Fiduciaries roles associated with retirement plans.

Investment Accounts

Arista signs an Investment Management Agreement with all of our clients wherein we state in writing that we are acting in the capacity of a named fiduciary when selecting investments and providing financial advice.

Retirement Plans

Arista Wealth Management, LLC serves as an ERISA §3(38) Fiduciary Investment Manager on 401(k), 403(b), 457(b), and Defined Benefit plans. An ERISA §3(38) Fiduciary is the highest fiduciary status recognized under Federal law.

Under the Employee Retirement Income Security Act (ERISA), retirement plan trustees, and the company officers and committee members who serve as fiduciaries, carry personal and legal liability under ERISA for the selection, monitoring, and performance of all of the investments in their company retirement plan. Plan Sponsors that work with Arista as the ERISA §3(38) Investment Manager delegate full responsibility for the selection and monitoring of the investments in their plan. This reduces most of the personal fiduciary liability that plan fiduciaries carry under ERISA. For those Plan Sponsors who do not want to delegate full responsibility for the investments in their plan, Arista can serve as an ERISA §3(21) Fiduciary advisor to help Investment Committees select and monitor plan investments.

Whether it is in the capacity of an ERISA §3(38), or §3(21) advisor, Plan Sponsors can also be assured that Arista and its advisors will always provide unbiased investment advice in the best interests of their plan participants.