Assets under management Growth by Quarter
Quarterly points use the latest ADV filing or SEC roster snapshot available in each quarter.
Private Funds
Private funds reported by Assetmark, Inc..
Employee Growth by Quarter
Quarterly points use the latest ADV filing or SEC roster snapshot available in each quarter.
Historical AUM and employee figures reflect available SEC Form ADV filings under this CRD. Filing gaps may reflect registration status changes, dormant periods, state registration periods, firm restructuring, or other reporting changes. Rialytix does not interpolate missing periods.
Ownership
Reported direct and indirect ownership ranges
Reported ownership ranges
Highlighted bands show the percentage range reported in Form ADV.
Bars represent the reported range at that individual ownership step, not an estimated percentage of the advisory firm. Indirect relationships may refer to intermediate entities rather than directly to Assetmark, Inc...
Reported ownership and control details
Form ADV · Filing date 2026-09-14 · Schedules A and B
| # | Owner / person & role | Interest in entity | Reported interest | Control person | Title / status acquired | Source |
|---|---|---|---|---|---|---|
| 1 | CARRIE ELLEN HANSENCHIEF OPERATING OFFICER & DIRECTORIndividual | ASSETMARK, INC. | Less than 5%Code NA | Yes | CHIEF OPERATING OFFICER & DIRECTOR07/2008 | Schedule APDF page 27 |
| 2 | TED FYKE ANGUSGENERAL COUNSELIndividual | ASSETMARK, INC. | Less than 5%Code NA | Yes | GENERAL COUNSEL12/2010 | Schedule APDF page 27 |
| 3 | GARY G. ZYLACHIEF FINANCIAL OFFICER & DIRECTORIndividual | ASSETMARK, INC. | Less than 5%Code NA | Yes | CHIEF FINANCIAL OFFICER & DIRECTOR12/2010 | Schedule APDF page 27 |
| 4 | HYUN MICHAEL KIMCHIEF EXECUTIVE OFFICER, PRESIDENT, CHIEF CLIENT OFFICER & DIRECTORIndividual | ASSETMARK, INC. | Less than 5%Code NA | Yes | CHIEF EXECUTIVE OFFICER, PRESIDENT, CHIEF CLIENT OFFICER & DIRECTOR09/2023 | Schedule APDF page 27 |
| 5 | JOEL DAVID MCNATTCHIEF WEALTH SOLUTIONS OFFICERIndividual | ASSETMARK, INC. | Less than 5%Code NA | Yes | CHIEF WEALTH SOLUTIONS OFFICER05/2021 | Schedule APDF page 27 |
| 6 | ASSETMARK FINANCIAL HOLDINGS, INC.OWNERDomestic entity | ASSETMARK, INC. | 75% or moreCode E | Yes | OWNER01/2022 | Schedule APDF page 27 |
| 7 | LOU MAIURICHAIRPERSON OF THE BOARD & DIRECTORIndividual | ASSETMARK, INC. | Less than 5%Code NA | Yes | CHAIRPERSON OF THE BOARD & DIRECTOR09/2024 | Schedule APDF page 27 |
| 8 | JOHN HENRY KOVALCHIEF COMPLIANCE OFFICERIndividual | ASSETMARK, INC. | Less than 5%Code NA | Yes | CHIEF COMPLIANCE OFFICER05/2025 | Schedule APDF page 27 |
| 9 | GAURAV AUDITYAEVP, HEAD OF CLIENT OPERATIONSIndividual | ASSETMARK, INC. | Less than 5%Code NA | Yes | EVP, HEAD OF CLIENT OPERATIONS05/2026 | Schedule APDF page 27 |
| 10 | GTCR EVEREST BORROWER, LLCSHAREHOLDERDomestic entity | ASSETMARK FINANCIAL HOLDINGS, INC. | 75% or moreCode E | Yes | SHAREHOLDER09/2024 | Schedule BPDF page 28 |
| 11 | GTCR EVEREST INTERMEDIATE, INC.MANAGING MEMBERDomestic entity | GTCR EVEREST BORROWER, LLC | 75% or moreCode E | Yes | MANAGING MEMBER09/2024 | Schedule BPDF page 28 |
| 12 | GTCR EVEREST TOPCO, INC.SHAREHOLDERDomestic entity | GTCR EVEREST INTERMEDIATE, INC. | 75% or moreCode E | Yes | SHAREHOLDER09/2024 | Schedule BPDF page 28 |
| 13 | GTCR EVEREST HOLDINGS, LLCSHAREHOLDERDomestic entity | GTCR EVEREST TOPCO, INC. | 75% or moreCode E | Yes | SHAREHOLDER09/2024 | Schedule BPDF page 28 |
| 14 | GTCR FUND XIV/A LPMEMBERDomestic entity | GTCR EVEREST HOLDINGS, LLC | 25% to less than 50%Code C | Yes | MEMBER09/2024 | Schedule BPDF page 28 |
| 15 | GTCR PARTNERS XIV/A&C LPGENERAL PARTNERDomestic entity | GTCR FUND XIV/A LP | Percentage not specifiedCode F | Yes | GENERAL PARTNER09/2024 | Schedule BPDF page 28 |
| 16 | GTCR INVESTMENT XIV LLCGENERAL PARTNERDomestic entity | GTCR PARTNERS XIV/A&C LP | Percentage not specifiedCode F | Yes | GENERAL PARTNER09/2024 | Schedule BPDF page 28 |
| 17 | VIOLET INVESTORS LPMEMBERDomestic entity | GTCR EVEREST HOLDINGS, LLC | 25% to less than 50%Code C | Yes | MEMBER09/2024 | Schedule BPDF page 28 |
| 18 | GTCR PARTNERS XIV/A&C LPGENERAL PARTNERDomestic entity | VIOLET INVESTORS LP | Percentage not specifiedCode F | Yes | GENERAL PARTNER09/2024 | Schedule BPDF page 28 |
Less than 5% may include zero. Code F identifies a role without specifying a percentage. Reported interests may overlap and may not include every owner. Total indirect ownership is not calculated.
Compliance & Disclosures
Filing dated 9/14/2026 2:25:50 PM
Responses were selected by the RIA in its filing. Questions are shortened for readability; “you” refers to the reporting firm, and some questions also cover advisory affiliates.
AFelonies2 No
In the past ten years, have you or any advisory affiliate:
- A1Been convicted of or pleaded guilty or no contest to a felony?No
- A2Been charged with a felony?No
BMisdemeanors2 No
In the past ten years, have you or any advisory affiliate:
- B1Been convicted of or pleaded guilty or no contest to a misdemeanor involving investments, an investment-related business, fraud, false statements or omissions, wrongful taking of property, bribery, perjury, forgery, counterfeiting, or extortion?No
- B2Been charged with a misdemeanor of the kind listed above?No
CSEC or CFTC actions4 Yes1 No
Has the SEC or CFTC ever:
- C1Found you or an advisory affiliate made a false statement or omission?Yes
- C2Found you or an advisory affiliate violated SEC or CFTC regulations or statutes?Yes
- C3Found you or an advisory affiliate caused an investment-related business to have its authorization to do business denied, suspended, revoked, or restricted?No
- C4Entered an order against you or an advisory affiliate in connection with investment-related activity?Yes
- C5Imposed a civil money penalty on you or an advisory affiliate, or ordered you or an advisory affiliate to cease and desist from any activity?Yes
DOther regulatory actions5 No
Has any other federal regulatory agency, state regulatory agency, or foreign financial regulatory authority ever:
- D1Found you or an advisory affiliate made a false statement or omission, or was dishonest, unfair, or unethical?No
- D2Found you or an advisory affiliate violated investment-related regulations or statutes?No
- D3Found you or an advisory affiliate caused an investment-related business to have its authorization to do business denied, suspended, revoked, or restricted?No
- D4In the past ten years, entered an order against you or an advisory affiliate in connection with investment-related activity?No
- D5Denied, suspended, or revoked your or an advisory affiliate’s registration or license, or otherwise prevented association with an investment-related business or restricted activities?No
ESelf-regulatory organization actions4 No
Has a self-regulatory organization or commodities exchange ever:
- E1Found you or an advisory affiliate made a false statement or omission?No
- E2Found you or an advisory affiliate violated its rules, other than a violation designated as a minor rule violation under an SEC-approved plan?No
- E3Found you or an advisory affiliate caused an investment-related business to have its authorization to do business denied, suspended, revoked, or restricted?No
- E4Disciplined you or an advisory affiliate by expulsion, suspension, barring association with other members, or otherwise restricting activities?No
FProfessional authorizations1 No
- FHas an authorization to act as an attorney, accountant, or federal contractor granted to you or an advisory affiliate ever been revoked or suspended?No
GPending regulatory proceedings1 No
- GAre you or any advisory affiliate now the subject of a regulatory proceeding that could result in a “Yes” answer to any part of C, D, or E?No
HCivil judicial actions and proceedings4 No
(1) Court actions
Has a domestic or foreign court:
- H(1)(a)In the past ten years, enjoined you or an advisory affiliate in connection with investment-related activity?No
- H(1)(b)Found that you or an advisory affiliate violated investment-related statutes or regulations?No
- H(1)(c)Dismissed, pursuant to a settlement agreement, an investment-related civil action brought against you or an advisory affiliate by a state or foreign financial regulatory authority?No
(2) Pending civil proceedings
- H(2)Are you or any advisory affiliate now the subject of a civil proceeding that could result in a “Yes” answer to any part of H(1)?No
Additional DRP filings 2 source blocks
Verbatim excerpts from supporting DRP filings, which may concern the firm or advisory affiliates. Amounts retain their filed labels; no total or attribution is inferred.
regulatory · block 1PDF pages 29–31
- Regulator name — filed text
- SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 500,000.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
THIS ACTION WAS PART OF AN ENFORCEMENT SWEEP INVOLVING INVESTMENT ADVISERS MISLED BY PERFORMANCE ADVERTISING CREATED BY F- SQUARED INVESTMENTS, INC. ON AUGUST 25, 2016, THE SEC ANNOUNCED SETTLEMENTS WITH 13 INVESTMENT ADVISERS IN CONNECTION WITH THIS INITIATIVE. THE ASSETMARK ORDER CONTAINED FINDINGS, WHICH ASSETMARK NEITHER ADMITTED NOR DENIED, THAT ASSETMARK VIOLATED SECTION 206(4) OF THE ADVISERS ACT AND RULE 206(4)-1(A)(5) BY ALLOWING ITS STAFF, FROM JULY 2012 THROUGH OCTOBER 2013, TO CIRCULATE TO PROSPECTIVE CLIENTS WHO WERE CONSIDERING A SEPARATELY MANAGED ACCOUNT SERVICE OFFERED BY ASSETMARK AND SUB-ADVISED BY F- SQUARED, PERFORMANCE ADVERTISEMENTS CREATED BY F-SQUARED RELATING TO A DIFFERENT SEPARATELY MANAGED ACCOUNT SERVICE NOT OFFERED BY ASSETMARK AND THAT MISLEADINGLY DESCRIBED THAT DIFFERENT SERVICE'S PERFORMANCE BETWEEN 2001 AND 2008, AND THAT ASSETMARK VIOLATED SECTION 204(A) OF THE ADVISERS ACT AND RULE 204-2(A)(16) BY FAILING TO MAINTAIN RECORDS SUBSTANTIATING THE PERFORMANCE IN THE ADVERTISEMENTS CREATED BY F-SQUARED. ASSETMARK AGREED TO CONSENT TO: (A) CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTIONS 204(A) AND 206(4) OF THE ADVISERS ACT AND RULES 204-2(A)(16) 17(A) (2) AND 206(4)-1(A)(5), AND (B) PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $500,000.
Other filed details
Description of allegations — filed text
ON AUGUST 25, 2016, THE SEC ISSUED AN ORDER INSTITUTING CEASE-AND-DESIST PROCEEDINGS PURSUANT TO SECTION 203(K) OF THE INVESTMENT ADVISERS ACT OF 1940. THE SEC ALLEGED THAT ASSETMARK VIOLATED SECTION 206(4) OF THE ADVISERS ACT AND RULE 206(4)-1(A)(5) BY CIRCULATING MISLEADING PERFORMANCE ADVERTISEMENTS CREATED BY F-SQUARED INVESTMENTS, INC. TO PROSPECTIVE CLIENTS CONSIDERING INVESTMENTS IN SEPARATELY MANAGED ACCOUNTS OFFERED BY ASSETMARK AND SUB-ADVISED BY F-SQUARED. THE SEC ALSO ALLEGED THAT ASSETMARK VIOLATED SECTION 204(A) OF THE ADVISERS ACT AND RULE 204-2(A)(16) BY FAILING TO MAINTAIN REQUIRED RECORDS SUBSTANTIATING THE ADVERTISED PERFORMANCE OF F-SQUARED.
Sanction detail — filed text
WITHOUT ADMITTING OR DENYING THE FINDINGS IN THE ORDER, EXCEPT AS TO THE COMMISSION'S JURISDICTION OVER IT AND THE SUBJECT MATTER OF THE PROCEEDINGS, ASSETMARK AGREED TO CONSENT TO (A) CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTIONS 204(A) AND 206(4) OF THE ADVISERS ACT AND RULES 204-2(A)(16) 17(A)(2) AND 206(4)-1(A)(5), AND (B) PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $500,000. ASSETMARK PAID THE CIVIL MONEY PENALTY ON SEPTEMBER 2, 2016.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS This Disclosure Reporting Page (DRP ADV) is an INITIAL OR AMENDED response used to report details for affirmative responses to Items 11.C., 11.D., 11.E., 11.F. or 11.G. of Form ADV. Regulatory Action Check item(s) being responded to: 11.C(1) 11.C(2) 11.C(3) 11.C(4) 11.C(5) 11.D(1) 11.D(2) 11.D(3) 11.D(4) 11.D(5) 11.E(1) 11.E(2) 11.E(3) 11.E(4) 11.F. 11.G. Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File with a completed Execution Page. One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP. PART I A. The person(s) or entity(ies) for whom this DRP is being filed is (are): You (the advisory firm) You and one or more of your advisory affiliates One or more of your advisory affiliates If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name). If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box. ADV DRP - ADVISORY AFFILIATE No Information Filed This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser. This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the adviser's or advisory affiliate's favor. If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item 11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any event listed in Item 11 that occurred more than ten years ago. This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the circumstances: B. If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided. Yes No NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records. PART II 1. Regulatory Action initiated by: SEC Other Federal State SRO Foreign (Full name of regulator, foreign financial regulatory authority, federal, state, or SRO) SECURITIES AND EXCHANGE COMMISSION 2. Principal Sanction: Civil and Administrative Penalt(ies) /Fine(s) Other Sanctions: CEASE AND DESIST 3. Date Initiated (MM/DD/YYYY): 08/25/2016 Exact Explanation If not exact, provide explanation: 4. Docket/Case Number: ADMINISTRATIVE PROCEEDING FILE NO. 3-17504 5. Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable): N/A 6. Principal Product Type: Other Other Product Types: SEPARATELY MANAGED ACCOUNTS 7. Describe the allegations related to this regulatory action (your response must fit within the space provided): ON AUGUST 25, 2016, THE SEC ISSUED AN ORDER INSTITUTING CEASE-AND-DESIST PROCEEDINGS PURSUANT TO SECTION 203(K) OF THE INVESTMENT ADVISERS ACT OF 1940. THE SEC ALLEGED THAT ASSETMARK VIOLATED SECTION 206(4) OF THE ADVISERS ACT AND RULE 206(4)-1(A)(5) BY CIRCULATING MISLEADING PERFORMANCE ADVERTISEMENTS CREATED BY F-SQUARED INVESTMENTS, INC. TO PROSPECTIVE CLIENTS CONSIDERING INVESTMENTS IN SEPARATELY MANAGED ACCOUNTS OFFERED BY ASSETMARK AND SUB-ADVISED BY F-SQUARED. THE SEC ALSO ALLEGED THAT ASSETMARK VIOLATED SECTION 204(A) OF THE ADVISERS ACT AND RULE 204-2(A)(16) BY FAILING TO MAINTAIN REQUIRED RECORDS SUBSTANTIATING THE ADVERTISED PERFORMANCE OF F-SQUARED. 8. Current Status? Pending On Appeal Final 9. If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed: N/A If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 10. How was matter resolved: Settled 11. Resolution Date (MM/DD/YYYY): 08/25/2016 Exact Explanation If not exact, provide explanation: 12. Resolution Detail: A. Were any of the following Sanctions Ordered (check all appropriate items)? Monetary/Fine Amount: $ 500,000.00 Revocation/Expulsion/Denial Disgorgement/Restitution Censure Cease and Desist/Injunction Bar Suspension B. Other Sanctions Ordered: N/A Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal, Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion of penalty was waived: WITHOUT ADMITTING OR DENYING THE FINDINGS IN THE ORDER, EXCEPT AS TO THE COMMISSION'S JURISDICTION OVER IT AND THE SUBJECT MATTER OF THE PROCEEDINGS, ASSETMARK AGREED TO CONSENT TO (A) CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTIONS 204(A) AND 206(4) OF THE ADVISERS ACT AND RULES 204-2(A)(16) 17(A)(2) AND 206(4)-1(A)(5), AND (B) PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $500,000. ASSETMARK PAID THE CIVIL MONEY PENALTY ON SEPTEMBER 2, 2016. 13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response must fit within the space provided). THIS ACTION WAS PART OF AN ENFORCEMENT SWEEP INVOLVING INVESTMENT ADVISERS MISLED BY PERFORMANCE ADVERTISING CREATED BY F- SQUARED INVESTMENTS, INC. ON AUGUST 25, 2016, THE SEC ANNOUNCED SETTLEMENTS WITH 13 INVESTMENT ADVISERS IN CONNECTION WITH THIS INITIATIVE. THE ASSETMARK ORDER CONTAINED FINDINGS, WHICH ASSETMARK NEITHER ADMITTED NOR DENIED, THAT ASSETMARK VIOLATED SECTION 206(4) OF THE ADVISERS ACT AND RULE 206(4)-1(A)(5) BY ALLOWING ITS STAFF, FROM JULY 2012 THROUGH OCTOBER 2013, TO CIRCULATE TO PROSPECTIVE CLIENTS WHO WERE CONSIDERING A SEPARATELY MANAGED ACCOUNT SERVICE OFFERED BY ASSETMARK AND SUB-ADVISED BY F- SQUARED, PERFORMANCE ADVERTISEMENTS CREATED BY F-SQUARED RELATING TO A DIFFERENT SEPARATELY MANAGED ACCOUNT SERVICE NOT OFFERED BY ASSETMARK AND THAT MISLEADINGLY DESCRIBED THAT DIFFERENT SERVICE'S PERFORMANCE BETWEEN 2001 AND 2008, AND THAT ASSETMARK VIOLATED SECTION 204(A) OF THE ADVISERS ACT AND RULE 204-2(A)(16) BY FAILING TO MAINTAIN RECORDS SUBSTANTIATING THE PERFORMANCE IN THE ADVERTISEMENTS CREATED BY F-SQUARED. ASSETMARK AGREED TO CONSENT TO: (A) CEASE AND DESIST FROM COMMITTING OR CAUSING ANY VIOLATIONS AND ANY FUTURE VIOLATIONS OF SECTIONS 204(A) AND 206(4) OF THE ADVISERS ACT AND RULES 204-2(A)(16) 17(A) (2) AND 206(4)-1(A)(5), AND (B) PAY A CIVIL MONEY PENALTY IN THE AMOUNT OF $500,000.
regulatory · block 2PDF pages 31–33
- Regulator name — filed text
- SECURITIES AND EXCHANGE COMMISSION
- Monetary/Fine Amount — filed text
- $ 9,500,000.00
- How was matter resolved — filed text
- Settled
Action status / disposition — filed text
ASSETMARK CONSENTED TO THE ORDER WITHOUT ADMITTING OR DENYING THE SEC'S FINDINGS (EXCEPT AS TO JURISDICTION AND THE SUBJECT MATTER OF THE ACTION, WHICH WAS ADMITTED). THE SEC'S FINDINGS ARE SUMMARIZED IN RESPONSE TO QUESTION 7 ABOVE. IN ACCORDANCE WITH THE SEC'S ORDER, ASSETMARK WILL PAY DISGORGEMENT AND A CIVIL PENALTY AS SUMMARIZED ABOVE.
Other filed details
Description of allegations — filed text
THE SEC ISSUED AN ORDER INSTITUTING ADMINISTRATIVE CEASE-AND-DESIST PROCEEDINGS AGAINST ASSETMARK ON 09/26/2023 (THE "ORDER"). THE SEC ALLEGED THAT, FROM AT LEAST SEPTEMBER 2016 THROUGH JANUARY 2021, ASSETMARK FAILED TO FULLY DISCLOSE THAT ASSETMARK AND ASSETMARK'S AFFILIATE ASSETMARK TRUST COMPANY ("ATC") TOGETHER SET THE AMOUNT OF THE PAYMENT THAT ATC WOULD RETAIN AS COMPENSATION FROM THE PAYMENT RECEIVED BY THE BANKS THAT PARTICIPATED IN THE FDIC-INSURED CASH DEPOSIT PROGRAM ("IDC PROGRAM") (THE "ICD PROGRAM FEE"), WHICH, IN TURN, DETERMINED THE AMOUNT THAT WOULD BE DISTRIBUTED AS INTEREST BY THE BANKS TO CLIENTS. THE SEC ALLEGED THAT ASSETMARK HAD FAILED TO FULLY DISCLOSE THE ASSOCIATED CONFLICTS OF INTEREST RELATED TO ITS ROLE IN SETTING THE ICD PROGRAM FEE. THE SEC ALSO ALLEGED THAT ASSETMARK, FROM AT LEAST JANUARY 2016 THROUGH AUGUST 2019, DID NOT FULLY DISCLOSE THE ASSOCIATED CONFLICTS OF INTEREST RELATED TO ASSETMARK'S RECEIPT OF CUSTODIAL SUPPORT PAYMENTS FROM CERTAIN NO-TRANSACTION FEE ("NTF") MUTUAL FUNDS. THESE FAILURES CONSTITUTED BREACHES OF ASSETMARK'S FIDUCIARY DUTY TO ADVISORY CLIENTS. THE SEC ALLEGED THAT ASSETMARK VIOLATED SECTION 206(2) AND 206(4) OF THE ADVISORS ACT AND RULE 206(4)-7 PROMULGATED THEREUNDER. ASSETMARK CONSENTED TO THE ORDER WITHOUT ADMITTING OR DENYING THE SEC'S FINDINGS (EXCEPT AS TO JURISDICTION AND THE SUBJECT MATTER OF THE ACTION, WHICH WAS ADMITTED).
Sanction detail — filed text
THE SEC, AMONG OTHER THINGS, CENSURED ASSETMARK AND ORDERED ASSETMARK TO: CEASE-AND-DESIST FROM ANY FUTURE VIOLATIONS OF SECTIONS 203(E) AND 203(K) OF THE ADVISERS ACT OF 1940; PAY A $9,500,000.00 CIVIL MONETARY FINE; PAY $ 6,779,138.34 IN DISGORGEMENT AND $2,047,571.23 IN PREJUDGMENT INTEREST TO ASSETMARK INVESTORS AFFECTED BY THE CONDUCT DESCRIBED IN THE ORDER, DESCRIBED IN RESPONSE TO QUESTION 7 ABOVE.
Full extracted filing text
Includes form instructions and options. Options shown in this text do not identify which boxes were selected.
GENERAL INSTRUCTIONS
This Disclosure Reporting Page (DRP ADV) is an
INITIAL OR
AMENDED response used to report details for affirmative responses to Items 11.C., 11.D.,
11.E., 11.F. or 11.G. of Form ADV.
Regulatory Action
Check item(s) being responded to:
11.C(1)
11.C(2)
11.C(3)
11.C(4)
11.C(5)
11.D(1)
11.D(2)
11.D(3)
11.D(4)
11.D(5)
11.E(1)
11.E(2)
11.E(3)
11.E(4)
11.F.
11.G.
Use a separate DRP for each event or proceeding . The same event or proceeding may be reported for more than one person or entity using one DRP. File
with a completed Execution Page.
One event may result in more than one affirmative answer to Items 11.C., 11.D., 11.E., 11.F. or 11.G. Use only one DRP to report details related to the
same event. If an event gives rise to actions by more than one regulator, provide details for each action on a separate DRP.
PART I
A. The person(s) or entity(ies) for whom this DRP is being filed is (are):
You (the advisory firm)
You and one or more of your advisory affiliates
One or more of your advisory affiliates
If this DRP is being filed for an advisory affiliate, give the full name of the advisory affiliate below (for individuals, Last name, First name, Middle name).
If the advisory affiliate has a CRD number, provide that number. If not, indicate "non-registered" by checking the appropriate box.
ADV DRP - ADVISORY AFFILIATE
No Information Filed
This DRP should be removed from the ADV record because the advisory affiliate(s) is no longer associated with the adviser.
This DRP should be removed from the ADV record because: (1) the event or proceeding occurred more than ten years ago or (2) the adviser is
registered or applying for registration with the SEC or reporting as an exempt reporting adviser with the SEC and the event was resolved in the
adviser's or advisory affiliate's favor.
If you are registered or registering with a state securities authority , you may remove a DRP for an event you reported only in response to Item
11.D(4), and only if that event occurred more than ten years ago. If you are registered or registering with the SEC, you may remove a DRP for any
event listed in Item 11 that occurred more than ten years ago.
This DRP should be removed from the ADV record because it was filed in error, such as due to a clerical or data-entry mistake. Explain the
circumstances:
B.
If the advisory affiliate is registered through the IARD system or CRD system, has the advisory affiliate submitted a DRP (with Form ADV, BD or U-4) to
the IARD or CRD for the event? If the answer is "Yes," no other information on this DRP must be provided.
Yes
No
NOTE: The completion of this form does not relieve the advisory affiliate of its obligation to update its IARD or CRD records.
PART II
1. Regulatory Action initiated by:
SEC
Other Federal
State
SRO
Foreign
(Full name of regulator, foreign financial regulatory authority, federal, state, or SRO)
SECURITIES AND EXCHANGE COMMISSION
2.
Principal Sanction:
Civil and Administrative Penalt(ies) /Fine(s)
Other Sanctions:
DISGORGEMENT
3.
Date Initiated (MM/DD/YYYY):
09/26/2023
Exact
Explanation
If not exact, provide explanation:
4.
Docket/Case Number:
ADMINISTRATIVE PROCEEDING FILE NO. 3-21724
5.
Advisory Affiliate Employing Firm when activity occurred which led to the regulatory action (if applicable):
N/A
6.
Principal Product Type:
Other
Other Product Types:
SEPARATELY MANAGED ACCOUNTS
7.
Describe the allegations related to this regulatory action (your response must fit within the space provided):
THE SEC ISSUED AN ORDER INSTITUTING ADMINISTRATIVE CEASE-AND-DESIST PROCEEDINGS AGAINST ASSETMARK ON 09/26/2023 (THE "ORDER").
THE SEC ALLEGED THAT, FROM AT LEAST SEPTEMBER 2016 THROUGH JANUARY 2021, ASSETMARK FAILED TO FULLY DISCLOSE THAT ASSETMARK AND
ASSETMARK'S AFFILIATE ASSETMARK TRUST COMPANY ("ATC") TOGETHER SET THE AMOUNT OF THE PAYMENT THAT ATC WOULD RETAIN AS
COMPENSATION FROM THE PAYMENT RECEIVED BY THE BANKS THAT PARTICIPATED IN THE FDIC-INSURED CASH DEPOSIT PROGRAM ("IDC PROGRAM")
(THE "ICD PROGRAM FEE"), WHICH, IN TURN, DETERMINED THE AMOUNT THAT WOULD BE DISTRIBUTED AS INTEREST BY THE BANKS TO CLIENTS. THE
SEC ALLEGED THAT ASSETMARK HAD FAILED TO FULLY DISCLOSE THE ASSOCIATED CONFLICTS OF INTEREST RELATED TO ITS ROLE IN SETTING THE
ICD PROGRAM FEE. THE SEC ALSO ALLEGED THAT ASSETMARK, FROM AT LEAST JANUARY 2016 THROUGH AUGUST 2019, DID NOT FULLY DISCLOSE THE
ASSOCIATED CONFLICTS OF INTEREST RELATED TO ASSETMARK'S RECEIPT OF CUSTODIAL SUPPORT PAYMENTS FROM CERTAIN NO-TRANSACTION FEE
("NTF") MUTUAL FUNDS. THESE FAILURES CONSTITUTED BREACHES OF ASSETMARK'S FIDUCIARY DUTY TO ADVISORY CLIENTS. THE SEC ALLEGED THAT
ASSETMARK VIOLATED SECTION 206(2) AND 206(4) OF THE ADVISORS ACT AND RULE 206(4)-7 PROMULGATED THEREUNDER. ASSETMARK CONSENTED
TO THE ORDER WITHOUT ADMITTING OR DENYING THE SEC'S FINDINGS (EXCEPT AS TO JURISDICTION AND THE SUBJECT MATTER OF THE ACTION,
WHICH WAS ADMITTED).
8.
Current Status?
Pending
On Appeal
Final
9.
If on appeal, regulatory action appealed to (SEC, SRO, Federal or State Court) and Date Appeal Filed:
N/A
If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only.
10. How was matter resolved:
Settled
11. Resolution Date (MM/DD/YYYY):
09/26/2023
Exact
Explanation
If not exact, provide explanation:
12. Resolution Detail:
A. Were any of the following Sanctions Ordered (check all appropriate items)?
Monetary/Fine Amount: $ 9,500,000.00
Revocation/Expulsion/Denial
Disgorgement/Restitution
Censure
Cease and Desist/Injunction
Bar
Suspension
B.
Other Sanctions Ordered:
N/A
Sanction detail: if suspended, enjoined or barred, provide duration including start date and capacities affected (General Securities Principal,
Financial Operations Principal, etc.). If requalification by exam/retraining was a condition of the sanction, provide length of time given to
requalify/retrain, type of exam required and whether condition has been satisfied. If disposition resulted in a fine, penalty, restitution,
disgorgement or monetary compensation, provide total amount, portion levied against you or an advisory affiliate, date paid and if any portion
of penalty was waived:
THE SEC, AMONG OTHER THINGS, CENSURED ASSETMARK AND ORDERED ASSETMARK TO: CEASE-AND-DESIST FROM ANY FUTURE VIOLATIONS OF
SECTIONS 203(E) AND 203(K) OF THE ADVISERS ACT OF 1940; PAY A $9,500,000.00 CIVIL MONETARY FINE; PAY $ 6,779,138.34 IN
DISGORGEMENT AND $2,047,571.23 IN PREJUDGMENT INTEREST TO ASSETMARK INVESTORS AFFECTED BY THE CONDUCT DESCRIBED IN THE
ORDER, DESCRIBED IN RESPONSE TO QUESTION 7 ABOVE.
13. Provide a brief summary of details related to the action status and (or) disposition and include relevant terms, conditions and dates (your response
must fit within the space provided).
ASSETMARK CONSENTED TO THE ORDER WITHOUT ADMITTING OR DENYING THE SEC'S FINDINGS (EXCEPT AS TO JURISDICTION AND THE SUBJECT
MATTER OF THE ACTION, WHICH WAS ADMITTED). THE SEC'S FINDINGS ARE SUMMARIZED IN RESPONSE TO QUESTION 7 ABOVE. IN ACCORDANCE
WITH THE SEC'S ORDER, ASSETMARK WILL PAY DISGORGEMENT AND A CIVIL PENALTY AS SUMMARIZED ABOVE.* Metrics are based on the latest available data, including Form ADV filings, brochures, and relationship summaries pulled from the SEC IAPD, and may be subject to change. Learn what is included in the Rialytix data. Please refer to the firm's official disclosures for the most accurate information using their CRD number. This is not investment advice.