Form ADV Part 2B: Brochure Supplement
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1 Item 1 Cover Page Form ADV Part 2B: Brochure Supplement April 1, 2013 Scott Martin, CFP, CDFA 1325 South International Parkway Suite 2221 Lake Mary, FL (407) scottd.martin@lpl.com Independent Financial Partners 3030 North Rocky Point Drive West Suite 700 Tampa, FL (813) FIRM CONTACT: John Whisenant, Chief Compliance Officer FIRM WEBSITE ADDRESS: This brochure supplement provides information about Scott Martin that supplements our brochure. You should have received a copy of that brochure. Please contact John Whisenant if you did not receive our brochure or if you have any questions about the contents of this supplement. Additional information about Scott Martin is available on the SEC s website at
2 Item 2 Educational Background and Business Experience Our firm must disclose if Scott Martin has no high school education, no formal education after high school, or no business background. We may list any professional designations held by Scott Martin, we must provide you with a sufficient explanation of the minimum qualifications required for each designation to allow you to understand the value of the designation. Therefore, we are required to disclose the following information about Scott Martin: Name: Scott David Martin Year of Birth: 1956 Formal Education after high school: BS, Colorado State University Business Background (including an identification of the specific positions held for the preceding five years): January 2010 Present, Investment Advisor Representative, Independent Financial Partners January 2010 Present, Registered Representative, LPL Financial April 2009 Present, Sales, DivorceDirection, LLC April 2001 December 2009, Registered Representative, Raymond James Financial Services Designation: Certified Financial Planner (CFP) Issuing Organization: Certified Financial Planner Board of Standards, Inc. (CFPBS) Prerequisites/Experience Required: Must have a bachelor s degree (or higher) from an accredited college or university, and three years of full-time personal financial planning experience. Educational Requirements: Must complete a CFP-board registered program or hold another designation authorized by the CFPBS. Continuing Education: 30 hours every two years. The CFP certification marks are owned by Certified Financial Planner Board of Standards, Inc. and are awarded to individuals who successfully complete CFP Board s initial and ongoing certification requirements. Designation: Certified Divorce Financial Analyst (CDFA) Issuing Organization: The Institute for Divorce Financial Analysts Prerequisites/Experience Required: Must complete two years of experience in the financial services field. Educational Requirements: Must complete a self-study course. Continuing Education: 20 hours every two years Item 3 Disciplinary Information If there are legal or disciplinary events material to your evaluation of Scott Martin, we are required to disclose all material facts regarding those events.
3 Items 3.A, 3.B, 3.C, and 3.D below list specific legal and disciplinary events presumed to be material for this Item. If Scott Martin has been involved in one of these events, we must disclose it under this Item for ten years following the date of the event, unless (1) the event was resolved in Scott Martin s favor, or was reversed, suspended or vacated, or (2) we have rebutted the presumption of materiality to determine that the event is not material (see Note below). For purposes of calculating this ten-year period, the date of an event is the date the final order, judgment, or decree was entered, or the date any rights of appeal from preliminary orders, judgments or decrees lapsed. Items 3.A, 3.B, 3.C, and 3.D do not contain an exclusive list of material disciplinary events. If Scott Martin has been involved in a legal or disciplinary event that is not listed in Items 3.A, 3.B, 3.C, or 3.D but is material to your evaluation of Scott Martin's integrity, we must disclose the event. Similarly, even if more than ten years have passed since the date of the event, we must disclose the event if it is so serious that it remains currently material to your evaluation. If we deliver a supplement electronically and if a particular disclosure required below for Scott Martin is provided through either the Financial Industry Regulatory Authority s (FINRA) BrokerCheck system or the IAPD, we may satisfy that particular disclosure obligation by including in that supplement (i) a statement that Scott Martin has a disciplinary history, the details of which can be found on FINRA s BrokerCheck system or the IAPD, and (ii) a hyperlink to the relevant system with a brief explanation of how the client can access the disciplinary history. The BrokerCheck link is the IAPD link is A. A criminal or civil action in a domestic, foreign or military court of competent jurisdiction in which the Scott Martin 1. was convicted of, or pled guilty or nolo contendere ( no contest ) to (a) any felony; (b) a misdemeanor that involved investments or an investment-related business, fraud, false statements or omissions, wrongful taking of property, bribery, perjury, forgery, counterfeiting, or extortion; or (c) a conspiracy to commit any of these offenses; 2. is the named subject of a pending criminal proceeding that involves an investment-related business, fraud, false statements or omissions, wrongful taking of property, bribery, perjury, forgery, counterfeiting, extortion, or a conspiracy to commit any of these offenses; 3. was found to have been involved in a violation of an investment-related statute or regulation; or 4. was the subject of any order, judgment, or decree permanently or temporarily enjoining, or otherwise limiting, the Scott Martin from engaging in any investment-related activity, or from violating any investment-related statute, rule, or order. B. An administrative proceeding before the SEC, any other federal regulatory agency, any state regulatory agency, or any foreign financial regulatory authority in which Scott Martin
4 1. was found to have caused an investment-related business to lose its authorization to do business; or 2. was found to have been involved in a violation of an investment-related statute or regulation and was the subject of an order by the agency or authority (a) denying, suspending, or revoking the authorization of Scott Martin to act in an investment-related business; (b) barring or suspending Scott Martin s association with an investment-related business; (c) otherwise significantly limiting Scott Martin's investment-related activities; or (d) imposing a civil money penalty of more than $2,500 on Scott Martin. DISCLOSURE 1 of 1 Reporting Source: Individual Regulatory Action Initiated By: State of Florida, Department of Banking and Finance, SEC Division Sanction(s) Sought: Censure Date Initiated: 05/13/2002 Docket/Case Number: 3475-S-5/02 Employing firm when activity occurred which led to the regulatory action: Raymond James Financial Services, Inc. Product Type: Other Other Product type(s): Advisory Services Allegations: Offering advisory services without being completely registered Current Status: Final Resolution: Other Resolution Date: 05/16/2002 Sanctions Ordered: Monetary/Fine $ Summary: S.D. Martin Financial Services was not aware that their licensing fee had not been paid due to the fact that they were not invoiced by the State of Florida. S.D. Martin Financial Services acknowledged no wrong doing. C. A self-regulatory organization (SRO) proceeding in which Scott Martin 1. was found to have caused an investment-related business to lose its authorization to do business; or 2. was found to have been involved in a violation of the SRO s rules and was: (i) barred or suspended from membership or from association with other members, or was expelled from membership; (ii) otherwise significantly limited from investment-related activities; or (iii) fined more than $2,500.
5 D. Any other proceeding in which a professional attainment, designation, or license of Scott Martin was revoked or suspended because of a violation of rules relating to professional conduct. If Scott Martin resigned (or otherwise relinquished his/her attainment, designation, or license) in anticipation of such a proceeding (and the adviser knows, or should have known, of such resignation or relinquishment), we must disclose the event. Note: Our firm may, under certain circumstances, rebut the presumption that a disciplinary event is material. If an event is immaterial, we are not required to disclose it. When we review a legal or disciplinary event involving Scott Martin to determine whether it is appropriate to rebut the presumption of materiality, we consider all of the following factors: (1) the proximity of Scott Martin to the advisory function; (2) the nature of the infraction that led to the disciplinary event; (3) the severity of the disciplinary sanction; and (4) the time elapsed since the date of the disciplinary event. If we conclude that the materiality presumption has been overcome, we prepare and maintain a file memorandum of our determination in our records. We follow SEC rule 204-2(a)(14)(iii) and similar state rules. Item 4 Other Business Activities A. If Scott Martin is actively engaged in any investment-related business or occupation, including if Scott Martin is registered, or has an application pending to register, as a brokerdealer, registered representative of a broker-dealer, futures commission merchant ( FCM ), commodity pool operator ( CPO ), commodity trading advisor ( CTA ), or an associated person of an FCM, CPO, or CTA, we are required to disclose this fact and describe the business relationship, if any, between the advisory business and the other business. 1. If a relationship between the advisory business and Scott Martin s other financial industry activities creates a material conflict of interest with you, the SEC requires us to describe the nature of the conflict and generally how we address it. 2. If Scott Martin receives commissions, bonuses or other compensation based on the sale of securities or other investment products, including as a broker-dealer or registered representative, and including distribution or service ( trail ) fees from the sale of mutual funds, we have to disclose this fact. If this compensation is not cash, we are required to explain what type of compensation Scott Martin receives. We must explain that this practice gives Scott Martin an incentive to recommend investment products based on the compensation received, rather than on your needs. Scott Martin is a registered representative with LPL Financial, a registered broker/dealer and member of FINRA. In such capacity, Scott Martin may sell securities through LPL Financial and receive normal and customary commissions as a result of such purchases and sales. The client is under no obligation to purchase or sell securities through Scott Martin on a commissionable basis. In addition, Scott Martin may receive other compensation such as mutual fund or money market 12b-
6 1 fees and variable annuity trails. The potential for receipt of commissions and other compensation gives Scott Martin an incentive to recommend investment products based on the compensation received, rather than on the client s needs. To address this, disclosure is made to the client at the time a brokerage account is opened through LPL Financial, identifying the nature of the transaction or relationship, the role to be played by LPL Financial and Scott Martin, and any compensation (e.g., commissions, 12b-1 fees) to be paid by the client and/or received by the registered representative. B. If Scott Martin is actively engaged in any business or occupation for compensation not discussed in response to Item 4.A, above, and the other business activity or activities provide a substantial source of Scott Martin s income or involve a substantial amount of Scott Martin s time, we are required to disclose this fact and must describe the nature of that business. If the other business activities represent less than 10 percent of Scott Martin s time and income, we may presume that they are not substantial. Scott Martin is also an insurance agent. In such capacity, Scott Martin may offer fixed and variable life insurance products and receive normal and customary commissions as a result of any purchases made by clients. The client is under no obligation to purchase fixed or variable life insurance through Scott Martin on a commissionable basis. In addition, Scott Martin may receive other compensation such as fixed or variable life trails. The potential for receipt of commissions and other compensation gives Scott Martin an incentive to recommend insurance products based on the compensation received, rather than on the client s needs. To address this, disclosure is made to the client at the time purchase is made, identifying the nature of the transaction or relationship, the role to be played by Scott Martin, and any compensation (e.g., commissions, trails) to be paid by the client and/or received by the insurance agent. Item 5 Additional Compensation If someone who is not a client provides an economic benefit to Scott Martin for providing advisory services, we are required to generally describe the arrangement. For purposes of this Item, economic benefits include sales awards and other prizes, but do not include Scott Martin s regular salary. Any bonus that is based, at least in part, on the number or amount of sales, client referrals, or new accounts should be considered an economic benefit, but other regular bonuses should not. Scott Martin may receive non-cash compensation from product sponsors. Such compensation may not be tied to the sales of any products. Compensation may include such items as gifts valued at less than $100 annually, an occasional dinner or ticket to a sporting event, or reimbursement in connection with educational meetings or marketing or advertising initiatives. Product sponsors may also pay for education or training events that he may attend. This practice gives Scott Martin an incentive to recommend investment products based on the compensation received, rather than on the client s needs.
7 Scott Martin may receive from LPL Financial production bonuses, stock options, reimbursement of fees paid to LPL Financial for items such as administrative services, and other things of value such as free or reduced-cost attendance at LPL Financial s national sales conference or top producer forums and events. Production bonuses, administrative fee reimbursements, and awards for conference attendance are based on overall business produced by Scott Martin and do not favor one product or program over others. The awarding of stock options is based on total production, recurring revenue and growth rate of production. Advisory fees are considered recurring revenue and, thus, there may be a financial incentive for Scott Martin to recommend clients establish advisory accounts so that Scott Martin will receive recurring revenue. Item 6 Supervision We are required to explain how we supervise Scott Martin, including how we monitor the advice Scott Martin provides to you. Our firm has to provide the name, title and telephone number of the person responsible for supervising Scott Martin s advisory activities on behalf of our firm. John Whisenant, Chief Compliance Officer of Independent Financial Partners, is responsible for the overall compliance program of the firm. He may delegate certain supervisory or compliance functions to an appropriate designee, but he is ultimately responsible for the supervision of Scott Martin s activities on a regular basis. Please contact John Whisenant if you have any questions about Scott Martin s brochure supplement at
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