Firm Brochure (Part 2A of Form ADV) Creative Financial Solutions Inc. 9800 Mt. Pyramid Ct. #400 Englewood, CO 80112 PHONE: 720-895-1347 FAX: 720-895-1999 WEBSITE: www.creativefinancialsolutions.net EMAIL: drepka@creativefinancialsolutions.net This brochure provides information about the qualifications and business practices of Creative Financial Solutions Inc. If you have any questions about the contents of this brochure, please contact us at: 720-895-1347, or by email at: drepka@creativefinancialsolutions.net. The information in this brochure has not been approved or verified by the United States Securities and Exchange Commission, or by any state securities authority. Additional information about Creative Financial Solutions Inc. is available on the SEC’s website at www.adviserinfo.sec.gov 1/4/2011 Creative Financial Solutions Inc. Item 2: Material Changes Annual Update The Material Changes section of this brochure will be updated annually when material changes occur since the previous release of the Firm Brochure. Material Changes since the Last Update Initial Filing. Full Brochure Available Whenever you would like to receive a complete copy of our Firm Brochure, please contact us by telephone at 720-895-1347 or by email at drepka@creativefinancialsolutions.net. i Creative Financial Solutions Inc. Item 3: Table of Contents Form ADV – Part 2A – Firm Brochure Item 1: Cover Page Item 2: Material Changes ............................................................................................... i Annual Update ............................................................................................................ i Material Changes since the Last Update .................................................................... i Full Brochure Available ............................................................................................... i Item 3: Table of Contents ............................................................................................. 1 Item 4: Advisory Business ........................................................................................... 1 Firm Description ......................................................................................................... 1 Types of Advisory Services ........................................................................................ 1 Client Tailored Services and Client Imposed Restrictions .......................................... 2 Wrap Fee Programs................................................................................................... 2 Client Assets under Management .............................................................................. 2 Item 5: Fees and Compensation .................................................................................. 2 Method of Compensation and Fee Schedule ............................................................. 2 Client Payment of Fees .............................................................................................. 3 Additional Client Fees Charged ................................................................................. 3 Prepayment of Client Fees ........................................................................................ 3 External Compensation for the Sale of Securities to Clients ...................................... 4 Item 6: Performance-Based Fees ................................................................................. 4 Sharing of Capital Gains ............................................................................................ 4 Item 7: Types of Clients ................................................................................................ 4 Description ................................................................................................................. 4 Account Minimums..................................................................................................... 4 Item 8: Methods of Analysis, Investment Strategies and Risk of Loss .................... 4 Methods of Analysis and Investment Strategies ........................................................ 4 Investment Strategy and Method of Analysis Material Risks ..................................... 4 Security Specific Material Risks ................................................................................. 5 Creative Financial Solutions Inc. Item 9: Disciplinary Information ................................................................................... 6 Criminal or Civil Actions ............................................................................................. 6 Administrative Enforcement Proceedings .................................................................. 6 Self Regulatory Organization Enforcement Proceedings ........................................... 6 Item 10: Other Financial Industry Activities and Affiliations ..................................... 6 Broker-Dealer or Representative Registration ........................................................... 6 Futures or Commodity Registration ........................................................................... 6 Material Relationships Maintained by this Advisory Business and Conflicts of Interest6 Recommendations or Selections of Other Investment Advisors and Conflicts of Interest ....................................................................................................................... 6 Item 11: Code of Ethics, Participation or Interest in Client Transactions and Personal Trading ........................................................................................................... 7 Code of Ethics Description ......................................................................................... 7 Investment Recommendations Involving a Material Financial Interest and Conflict of Interest ....................................................................................................................... 7 Advisory Firm Purchase of Same Securities Recommended to Clients and Conflicts of Interest ................................................................................................................... 7 Client Securities Recommendations or Trades and Concurrent Advisory Firm Securities Transactions and Conflicts of Interest ....................................................... 7 Item 12: Brokerage Practices ....................................................................................... 7 Factors Used to Select Broker-Dealers for Client Transactions ................................. 7 Aggregating Securities Transactions for Client Accounts .......................................... 8 Item 13: Review of Accounts ........................................................................................ 8 Schedule for Periodic Review of Client Accounts or Financial Plans and Advisory Persons Involved ....................................................................................................... 8 Review of Client Accounts on Non-Periodic Basis ..................................................... 8 Content of Client Provided Reports and Frequency ................................................... 8 Item 14: Client Referrals and Other Compensation.................................................... 8 Economic benefits Provided to the Advisory Firm from External Sources and Conflicts of Interest .................................................................................................... 9 Advisory Firm Payments for Client Referrals ............................................................. 9 Item 15: Custody ........................................................................................................... 9 Account Statements ................................................................................................... 9 Creative Financial Solutions Inc. Item 16: Investment Discretion .................................................................................... 9 Discretionary Authority for Trading............................................................................. 9 Item 17: Voting Client Securities.................................................................................. 9 Proxy Votes ............................................................................................................... 9 Item 18: Financial Information ................................................................................... 10 Balance Sheet ......................................................................................................... 10 Financial Conditions Reasonably Likely to Impair Advisory Firm’s Ability to Meet Commitments to Clients ........................................................................................... 10 Bankruptcy Petitions during the Past Ten Years ...................................................... 10 Miscellaneous Additional Items: ................................................................................ 10 Business Continuity Plan ........................................................................................... 10 General .................................................................................................................... 10 Disasters .................................................................................................................. 10 Alternate Offices ...................................................................................................... 10 Loss of Key Personnel ............................................................................................. 10 Information Security Program .................................................................................... 11 Information Security ................................................................................................. 11 Privacy Notice .......................................................................................................... 11 Item 19: Requirements for State Registered Advisors ............................................. 12 Principal Executive Officers and Management Persons .......................................... 12 Other Business Activities Engaged In ...................................................................... 12 Performance Based Fee Description ....................................................................... 12 Disclosure of Material Facts Related to Arbitration or Disciplinary Actions .............. 12 Material Relationship Maintained by this Advisory Business or Management persons with Issuers of Securities ......................................................................................... 12 Creative Financial Solutions Inc. Item 4: Advisory Business Firm Description Creative Financial Solutions Inc., (“CFS”) was founded in 1993. David John Repka is 100% stockholder. CFS provides personalized confidential financial planning and investment management to individuals. Advice is provided through consultation with the client and may include: determination of financial objectives, identification of financial problems, cash flow management, tax planning, insurance review, investment management, education funding, retirement planning, and estate planning. CFS is a fee based financial planning and investment management firm. The firm does sell fixed index annuities. Investment advice is provided, with the advisor making the final decision on investment selection, unless noted by client. CFS does not act as a custodian of client assets. The client always maintains asset control. Investment advice is an integral part of financial planning. In addition, CFS advises clients regarding cash flow, college planning, retirement planning, tax planning and estate planning. A written evaluation of each client's initial situation is provided to the client, often in the form of a comprehensive financial planning analysis. Periodic reviews are also communicated to provide reminders of the specific courses of action that need to be taken. More frequent reviews occur but are not necessarily communicated to the client unless immediate changes are recommended. Other professionals (e.g., lawyers, accountants, insurance agents, etc.) are engaged directly by the client on an as-needed basis. Conflicts of interest will be disclosed to the client in the unlikely event they should occur. Types of Advisory Services CFS provides discretionary and non-discretionary investment supervisory services, also known as asset management services and furnishes financial planning and investment advice through consultations. On more than an occasional basis, CFS furnishes advice to clients on matters not involving securities, such as taxation issues and trust services that often include estate planning. CFS provides financial planning services to individuals. Financial plan services include but are not limited to a thorough review of all applicable topics including College Education, Retirement, Investments, Taxes, and Insurance. - 1Creative Financial Solutions Inc. Client Tailored Services and Client Imposed Restrictions The goals and objectives for each client are documented in our client files. Investment strategies are created that reflect the stated goals and objective. Clients may impose restrictions on investing in certain securities or types of securities. Agreements may not be assigned without client consent. Wrap Fee Programs CFS does not participate in wrap fee programs. Client Assets under Management As of 12/31/2010 CFS manages $32,000,000 on a discretionary basis and $11,000,000 on a non-discretionary basis. Item 5: Fees and Compensation Method of Compensation and Fee Schedule ASSETS UNDER MANAGEMENT Fees are based on the value of the assets held in each account. This includes assets managed by CFS in and outside of the Custodian. The minimum annual account fee is $1,500.00 and may exceed 1% of account value. The annual fee is negotiable and may be reduced for combined household accounts. Custodial fees, if any, are charged separately by the custodian. Total Portfolio Value Annual Management Fee $0 to $1 Million 1.00% Over $1 Million .50% Client agrees to pay to CFS an annual investment advisory fee, payable quarterly and in arrears. The fee will be calculated based on the total market value of assets in the Account managed by CFS as of the last business day of the quarter pursuant to the fee agreed to in Schedule D. Quarterly fees are calculated the last business day of March, June, September and December. Accounts opened within a given quarter are charged a pro rata share at the end of the current quarter. The minimum quarterly fee is $375.00 per household, and may exceed 1% as detailed in Exhibit D. The client’s Account will be debited the investment advisory fee within ten (10) days following the end of the quarter. In the event of termination of the Account, CFS will be entitled to a pro rata fee for the days service was provided in the final quarter. This final fee will be deducted from the Account prior to transfer. In computing the market value of any investment of the Account, each security listed on any national securities exchange or otherwise subject to current last-sale reporting shall - 2Creative Financial Solutions Inc. be valued at the last sale price on the valuation date. Such securities which are not traded nor subject to last-sale reporting shall be valued at the latest available bid price reflected by quotations furnished to CFS by such sources as it may deem appropriate. Any other security shall be valued in such manner as shall be determined in good faith by CFS to reflect its fair market value. The investment advisory fee will be billed directly to the Custodian, with an informational copy of the invoice to Client. The Custodian will deduct the fee for the Account upon receipt of the invoice, or shortly thereafter. CFS will not be compensated based on the basis of a share of capital gains or capital appreciation of the assets in the Account. Client shall be given thirty (30) days prior written notice of any increase in fees. FINANCIAL PLANNING Financial Planning Services are offered for a fee of $1,000, only if the client declines the investment advisory services of CFS. This fee is negotiable and can be reduced or waived by CFS. The fee is paid in full upon presentation of the financial plan, but is waived if the investment advisory services of CFS are implemented. Client Payment of Fees CFS bases its fees on a percentage of assets under management and fixed fees (not including subscription fees). Investment management fees are billed quarterly, in arrears, meaning that we invoice you after the three-month billing period has ended. Payment in full is expected upon invoice presentation. Fees are deducted from a designated client account to facilitate billing. The client must consent in advance to direct debiting of their investment account. Clients will be billed quarterly through the custodian of Charles Schwab Institutional. Additional Client Fees Charged Custodians may charge transaction fees on purchases or sales of certain mutual funds and exchange-traded funds. These transaction charges are usually small and incidental to the purchase or sale of a security. The selection of the security is more important than the nominal fee that the custodian charges to buy or sell the security. CFS, in its sole discretion, may waive its minimum fee and/or charge a lesser investment advisory fee based upon certain criteria (e.g., historical relationship, type of assets, anticipated future earning capacity, anticipated future additional assets, dollar amounts of assets to be managed, related accounts, account composition, negotiations with clients, etc.). Prepayment of Client Fees CFS does not charge fees in advance. - 3Creative Financial Solutions Inc. External Compensation for the Sale of Securities to Clients CFS does not receive any external compensation for the sale of securities to clients, nor do any of the investment advisor representatives of CFS. Item 6: Performance-Based Fees Sharing of Capital Gains Fees are not based on a share of the capital gains or capital appreciation of managed securities. CFS does not use a performance-based fee structure because of the potential conflict of interest. Performance-based compensation may create an incentive for the adviser to recommend an investment that may carry a higher degree of risk to the client. Item 7: Types of Clients Description CFS generally provides investment advice to individuals. Client relationships vary in scope and length of service. Account Minimums CFS does not require a minimum to open an account, but does require a minimum of $100,000 in total investment assets. Item 8: Methods of Analysis, Investment Strategies and Risk of Loss Methods of Analysis and Investment Strategies Security analysis methods may include fundamental analysis, technical analysis, and cyclical analysis. Investing in securities involves risk of loss that clients should be prepared to bear. The main sources of information include financial newspapers and magazines, research materials prepared by others, corporate rating services, annual reports, prospectuses, and filings with the Securities and Exchange Commission. Investment Strategy and Method of Analysis Material Risks The investment strategy for a specific client is based upon the objectives stated by the client during consultations. The client may change these objectives at any time. Each client executes an Investment Policy Statement or Risk Tolerance that documents their objectives and their desired investment strategy. Other strategies may include long-term purchases, short-term purchases, and trading. - 4Creative Financial Solutions Inc. Security Specific Material Risks All investment programs have certain risks that are borne by the investor. Our investment approach constantly keeps the risk of loss in mind. Investors face the following investment risks: Interest-rate Risk: Fluctuations in interest rates may cause investment prices to fluctuate. For example, when interest rates rise, yields on existing bonds become less attractive, causing their market values to decline. Market Risk: The price of a security, bond, or mutual fund may drop in reaction to tangible and intangible events and conditions. This type of risk is caused by external factors independent of a security’s particular underlying circumstances. For example, political, economic and social conditions may trigger market events. Inflation Risk: When any type of inflation is present, a dollar today will not buy as much as a dollar next year, because purchasing power is eroding at the rate of inflation. Currency Risk: Overseas investments are subject to fluctuations in the value of the dollar against the currency of the investment’s originating country. This is also referred to as exchange rate risk. Reinvestment Risk: This is the risk that future proceeds from investments may have to be reinvested at a potentially lower rate of return (i.e. interest rate). This primarily relates to fixed income securities. Business Risk: These risks are associated with a particular industry or a particular company within an industry. For example, oil-drilling companies depend on finding oil and then refining it, a lengthy process, before they can generate a profit. They carry a higher risk of profitability than an electric company which generates its income from a steady stream of customers who buy electricity no matter what the economic environment is like. Liquidity Risk: Liquidity is the ability to readily convert an investment into cash. Generally, assets are more liquid if many traders are interested in a standardized product. For example, Treasury Bills are highly liquid, while real estate properties are not. Financial Risk: Excessive borrowing to finance a business’ operations increases the risk of profitability, because the company must meet the terms of its obligations in good times and bad. During periods of financial stress, the inability to meet loan obligations may result in bankruptcy and/or a declining market value. - 5Creative Financial Solutions Inc. Item 9: Disciplinary Information Criminal or Civil Actions The firm and its management have not been involved in any criminal or civil action. Administrative Enforcement Proceedings The firm and its management have not been involved in administrative enforcement proceedings. Self Regulatory Organization Enforcement Proceedings The firm and its management have not been involved in legal or disciplinary events related to past or present investment clients. Item 10: Other Financial Industry Activities and Affiliations Broker-Dealer or Representative Registration David Repka nor any other employee of CFS are registered representatives of a brokerdealer. Futures or Commodity Registration CFS nor its employees are registered or have an application pending to register as a futures commission merchant, commodity pool operator, or a commodity trading advisor. Material Relationships Maintained by this Advisory Business and Conflicts of Interest David Repka has a financial industry affiliated business as an licensed insurance agent. From time to time, he will offer clients advice or products from those activities. David Repka receives commissions from insurance companies on the products he sells. These practices represent potential conflicts of interest because it gives Mr. Repka an incentive to recommend products based on the commission amount received. This conflict is mitigated by the fact that clients are not required to purchase any products. Clients have the option to purchase these products through another insurance agent of their choosing. Recommendations or Selections of Other Investment Advisors and Conflicts of Interest CFS does not refer clients to other investment advisors. - 6Creative Financial Solutions Inc. Item 11: Code of Ethics, Participation or Interest in Client Transactions and Personal Trading Code of Ethics Description The employees of CFS have committed to a Code of Ethics that is available for review by clients and prospective clients upon request. The firm will provide a copy of the Code of Ethics to any client or prospective client upon request. Investment Recommendations Involving a Material Financial Interest and Conflict of Interest CFS and its employees do not recommend to clients securities in which we have a material financial interest. Advisory Firm Purchase of Same Securities Recommended to Clients and Conflicts of Interest CFS and its employees may buy or sell securities that are also held by clients. Employees may not trade their own securities ahead of client trades. Employees comply with the provisions of the CFS Compliance Manual. Client Securities Recommendations or Trades and Concurrent Advisory Firm Securities Transactions and Conflicts of Interest The Chief Compliance Officer of CFS is David Repka. He reviews all employee trades each quarter. The personal trading reviews ensure that the personal trading of employees does not affect the markets and that clients of the firm receive preferential treatment. Since most employee trades are in products such as mutual funds, government securities, bonds or are small in size, they do not impact the securities markets. Item 12: Brokerage Practices Factors Used to Select Broker-Dealers for Client Transactions CFS may recommend the use of a particular broker-dealer or may utilize a brokerdealer of the client's choosing. CFS will select appropriate brokers based on a number of factors including but not limited to their relatively low transaction fees and reporting ability. CFS relies on its custodian to provide its execution services at the best prices available. Lower fees for comparable services may be available from other sources. Clients pay for any and all custodial fees in addition to the advisory fee charged by CFS. Directed Brokerage In circumstances where a client directs CFS to use a certain broker-dealer, CFS still has a fiduciary duty to its clients. The following may apply with Directed Brokerage: CFS's inability to negotiate commissions, to obtain volume discounts, - 7Creative Financial Solutions Inc. there may be a disparity in commission charges among clients, and potential conflicts of interests arising from brokerage firm referrals. Best Execution CFS reviews the execution of trades with the custodian each quarter. The review is documented. Trading fees charged by the custodian is also reviewed on a quarterly basis. CFS does not receive any portion of the trading fees. Soft Dollar Arrangements CFS utilizes the services of Charles Schwab Institutional. Economic benefits are received by CFS which would not be received if CFS did not give investment advice to clients. These benefits include: A dedicated trading desk, a dedicated service group and an account services manager dedicated to CFS's accounts, ability to conduct client trades, electronic download of trades, balances and positions, duplicate and batched client statements, and the ability to have advisory fees directly deducted from client accounts. Aggregating Securities Transactions for Client Accounts CFS does not aggregate purchases and sales and other transactions made for the account with purchases and sales and transactions in the same securities for other Clients of CFS. Item 13: Review of Accounts Schedule for Periodic Review of Client Accounts or Financial Plans and Advisory Persons Involved Account reviews are performed quarterly by advisor David Repka, President. Account reviews are performed more frequently when market conditions dictate. Financial Plans are considered complete when recommendations are delivered to the client. A periodic review is done only upon request of client. Review of Client Accounts on Non-Periodic Basis Other conditions that may trigger a review of clients accounts are changes in the tax laws, new investment information, and changes in a client's own situation. Content of Client Provided Reports and Frequency Clients receive account statements no less than quarterly for managed accounts. Account reports are issued by the Advisor’s custodian. Client receives confirmations of each transaction in account from Custodian and an additional statement during any month in which a transaction occurs. - 8Creative Financial Solutions Inc. Item 14: Client Referrals and Other Compensation Economic benefits Provided to the Advisory Firm from External Sources and Conflicts of Interest CFS does not receive any economic benefit from external sources. Advisory Firm Payments for Client Referrals CFS does not compensate for client referrals. Item 15: Custody Account Statements All assets are held at qualified custodians, which means the custodians provide account statements directly to clients at their address of record at least quarterly. Item 16: Investment Discretion Discretionary Authority for Trading CFS accepts discretionary authority to manage securities accounts on behalf of clients. CFS has the authority to determine, without obtaining specific client consent, the securities to be bought or sold, and the amount of the securities to be bought or sold. However, CFS notifies the client prior to each trade to obtain concurrence if requested by client. The client approves the custodian to be used and the commission rates paid to the custodian. CFS does not receive any portion of the transaction fees or commissions paid by the client to the custodian on certain trades. Discretionary trading authority facilitates placing trades in your accounts on your behalf so that we may promptly implement the investment policy that you have approved in writing. Item 17: Voting Client Securities Proxy Votes CFS does not vote proxies on securities. Clients are expected to vote their own proxies. The client will receive their proxies directly from the custodian of their account or from a transfer agent. When assistance on voting proxies is requested, CFS will provide recommendations to the client. If a conflict of interest exists, it will be disclosed to the client. - 9Creative Financial Solutions Inc. Item 18: Financial Information Balance Sheet A balance sheet is not required to be provided because CFS does not serve as a custodian for client funds or securities and CFS does not require prepayment of fees of more than $500 per client and six months or more in advance. Financial Conditions Reasonably Likely to Impair Advisory Firm’s Ability to Meet Commitments to Clients CFS has no condition that is reasonably likely to impair our ability to meet contractual commitments to our clients. Bankruptcy Petitions during the Past Ten Years Neither CFS nor its management have had any bankruptcy petitions in the last ten years. Miscellaneous Additional Items: Business Continuity Plan General CFS has a Business Continuity Plan in place that provides detailed steps to mitigate and recover from the loss of office space, communications, services or key people. Disasters The Business Continuity Plan covers natural disasters such as snow storms, hurricanes, tornados, and flooding. The Plan covers man-made disasters such as loss of electrical power, loss of water pressure, fire, bomb threat, nuclear emergency, chemical event, biological event, T-1 communications line outage, Internet outage, railway accident and aircraft accident. Electronic files are backed up daily and archived offsite. Alternate Offices Alternate offices are identified to support ongoing operations in the event the main office is unavailable. It is our intention to contact all clients within five days of a disaster that dictates moving our office to an alternate location. Loss of Key Personnel CFS has a Business Continuity plan to outline actions to be taken event of David Repka’s serious disability or death. - 10 Creative Financial Solutions Inc. Information Security Program Information Security CFS maintains an information security program to reduce the risk that your personal and confidential information may be breached. Privacy Notice CFS is committed to maintaining the confidentiality, integrity and security of the personal information that is entrusted to us. The categories of nonpublic information that we collect from you may include information about your personal finances, information about your health to the extent that it is needed for the financial planning process, information about transactions between you and third parties, and information from consumer reporting agencies, e.g., credit reports. We use this information to help you meet your personal financial goals. With your permission, we disclose limited information to attorneys, accountants, and mortgage lenders with whom you have established a relationship. You may opt out from our sharing information with these nonaffiliated third parties by notifying us at any time by telephone, mail, fax, email, or in person. We maintain a secure office to ensure that your information is not placed at unreasonable risk. We employ a firewall barrier, secure data encryption techniques and authentication procedures in our computer environment. We do not provide your personal information to mailing list vendors or solicitors. We require strict confidentiality in our agreements with unaffiliated third parties that require access to your personal information, including financial service companies, consultants, and auditors. Federal and state securities regulators may review our Creative Financial Solutions Inc. records and your personal records as permitted by law. Personally identifiable information about you will be maintained while you are a client, and for the required period thereafter that records are required to be maintained by federal and state securities laws. After that time, information may be destroyed. We will notify you in advance if our privacy policy is expected to change. We are required by law to deliver this Privacy Notice to you annually, in writing. - 11 Creative Financial Solutions Inc. Item 19: Brochure Supplement (Part 2B of Form ADV) Principal Executive Officers and Management Persons David Repka Educational Background: Date of birth: 03/31/1965 Kishwaukee College; Associates Degree;1988 Northern IL. University; Bachelors Degree; 1991 A complete summary of accomplishments are available on the CFS website at www.creativefinancialsolutions.net Business Experience: Creative Financial Solutions Inc.; President/IAR; 03/1993 to Present Securities America, Inc.; Financial Consultant 02/1996 to 06/1997 Financial Network Investment Corporation; Financial Consultant; 01/1992 to 02/1996 RJ Ferem & Associates; Financial Consultant; 04/1993 to 04/1994 Westchester Financial; Financial Consultant; 05/1990 to 04/1993 Penn Mutual Equity Services, Inc.; Financial Consultant; 07/1989 to 12/1991 Plan Wealth; Financial Planner; 12/1987 to 05/1989 Other Business Activities Engaged In David Repka has financial industry affiliated businesses as an insurance agent. From time to time, he offers clients advice or products from those activities. Clients are not required to purchase any products. Performance Based Fee Description No Performance Based Fees Disclosure of Material Facts Related to Arbitration or Disciplinary Actions None to report Material Relationship Maintained by this Advisory Business or Management persons with Issuers of Securities None to report - 12 Creative Financial Solutions Inc.