Municipal Securities Rulemaking Board (MSRB) Regulatory Disclosures
G-42 Regulatory Disclosures
Pursuant to Municipal Securities Rulemaking Board (“MSRB”) Rule G-42, Mohanty Gargiulo LLC/MG Advisory Corp ("MG") is required to make certain written disclosures to its municipal advisory clients which include, amongst other things, information regarding conflicts of interest and any legal or disciplinary events of Mohanty Gargiulo LLC/MG Advisory Corp and its associated persons. Therefore, Mohanty Gargiulo LLC/MG Advisory Corp is making the following disclosures.
Conflicts of Interest
Mohanty Gargiulo LLC/MG Advisory Corp represents that in connection with the issuance of municipal financial product transactions, Mohanty Gargiulo LLC/MG Advisory Corp may receive compensation from a client for services rendered, which compensation is contingent upon the successful closing of a transaction and/or is based on the size of a transaction. Consistent with the requirements of MSRB Rule G-42, Mohanty Gargiulo LLC/MG Advisory Corp hereby discloses that such contingent and/or transactional compensation may present a potential conflict of interest regarding Mohanty Gargiulo LLC/MG Advisory Corp’s ability to provide unbiased advice because it could create an incentive for Mohanty Gargiulo LLC/MG Advisory Corp to advise its client to complete a financing or to alter the structure of a financing in order to ensure or increase its compensation. This conflict of interest is mitigated by our fiduciary duty to our municipal entity clients and by our duty of care for other municipal advisory clients.
If Mohanty Gargiulo LLC/MG Advisory Corp becomes aware of any additional potential or actual conflict of interest after this disclosure, Mohanty Gargiulo LLC/MG Advisory Corp will promptly update this disclosure.
Legal or Disciplinary Events
Mohanty Gargiulo LLC/MG Advisory Corp does not have any legal events or disciplinary history on Mohanty Gargiulo LLC/MG Advisory Corp’s Form MA and Form MA-I, which includes information about any criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations and civil litigation. The client may electronically access Mohanty Gargiulo LLC/MG Advisory Corp’s most recent Form MA and each most recent Form MA-I filed with the Commission by searching for “Mohanty Gargiulo” or "MG Advisory Corp" at the following website: www.sec.gov/edgar/searchedgar/companysearch.html.
There have been no material changes to legal or disciplinary event disclosure on any Form MA or Form MA-I filed with the SEC. Mohanty Gargiulo LLC/MG Advisory Corp will promptly update this disclosure if any legal or disciplinary event is brought against Mohanty Gargiulo LLC/MG Advisory Corp and is material to our clients’ evaluation of Mohanty Gargiulo LLC/MG Advisory Corp or the integrity of Mohanty Gargiulo LLC/MG Advisory Corp’s management or advisory personnel.
G-10 Disclosure
Pursuant to Municipal Securities Rulemaking Board Rule G-10, on Investor and Municipal Advisory Client Education and Protection, Municipal Advisors are required to provide certain written information to their municipal entity and obligated person clients which include the following:
MG is currently registered as a Municipal Advisor with the U.S. Securities and Exchange Commission and the Municipal Securities Rulemaking Board.
Within the Municipal Securities Rulemaking Board (“MSRB”) website at www.msrb.org, the client may obtain the Municipal Advisory client brochure that is posted on the MSRB website. The brochure describes the protections that may be provided by the MSRB Rules along with how to file a complaint with financial regulatory authorities.
Record Retention
Effective July 1, 2014, pursuant to the Securities and Exchange Commission (SEC) record retention regulations, MG is required to maintain in writing, all written communication and created documents between MG and the client for 5 years.
