Disclosure of Conflicts of Interest and Legal or Disciplinary Events
Pursuant to Municipal Securities Rulemaking Board (“MSRB”) Rule G-42, on Duties of Non-Solicitor Municipal Advisors, Municipal Advisors are required to make certain written disclosures to clients and potential clients which include, amongst other things, Conflicts of Interest and any Legal or Disciplinary events of Mohanty Gargiulo LLC and its associated persons.
Conflicts of Interest
Mohanty Gargiulo LLC represents that in connection with the issuance of municipal securities, Mohanty Gargiulo LLC may receive compensation from an Issuer or Obligated Person 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 hereby discloses that such contingent and/or transactional compensation may present a potential conflict of interest regarding Mohanty Gargiulo LLC’s ability to provide unbiased advice to enter into such transaction. This conflict of interest will not impair Mohanty Gargiulo LLC’s ability to render unbiased and competent advice or to fulfill its fiduciary duty to the Issuer.
It should be noted that other forms of compensation (i.e. hourly or fixed fee based) may also present a potential conflict of interest regarding Mohanty Gargiulo LLC’s ability to provide advice regarding a municipal security transaction. These other potential conflicts of interest will not impair Mohanty Gargiulo LLC’s ability to render unbiased and competent advice or to fulfill its fiduciary duty to the Issuer.
Other Municipal Advisor Relationships
Mohanty Gargiulo LLC serves a wide variety of other clients that may from time to time have interests that could have a direct or indirect impact on the interests of another Mohanty Gargiulo LLC client. For example, Mohanty Gargiulo LLC serves as municipal advisor to other municipal advisory clients and, in such cases, owes a regulatory duty to such other clients just as it does to (Client Name). These other clients may, from time to time and depending on the specific circumstances, have competing interests. In acting in the interests of its various clients, Mohanty Gargiulo LLC could potentially face a conflict of interest arising from these competing client interests Mohanty Gargiulo LLC fulfills its regulatory duty and mitigates such conflicts through dealing honestly and with the utmost good faith with (Client Name).
If Mohanty Gargiulo LLC becomes aware of any additional potential or actual conflict of interest after this disclosure, Mohanty Gargiulo LLC will disclose the detailed information in writing to the issuer or obligated person in a timely manner.
Legal or Disciplinary Events
Mohanty Gargiulo LLC does not have any legal events or disciplinary history on Mohanty Gargiulo LLC’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 Issuer may electronically access Mohanty Gargiulo LLC’s most recent Form MA and each most recent Form MA-I filed with the Commission at the following website: www.sec.gov/edgar/searchedgar/companysearch.html.
There have been no material changes to a legal or disciplinary event disclosure on any Form MA or Form MA-I filed with the SEC. If any material legal or regulatory action is brought against Mohanty Gargiulo LLC, Mohanty Gargiulo LLC will provide complete disclosure to the Issuer in detail allowing the Issuer to evaluate Mohanty Gargiulo LLC, its management and personnel.
Mohanty Gargiulo LLC is registered as a Municipal Advisor with the U.S. Securities and Exchange Commission and the Municipal Securities Rulemaking Board, as well as a Commodity Trading Advisor with the Commodity Futures Trading Commission. We are also a certified Minority and Women-Owned Business Enterprise.