- 5 - disbursements. The trustee has the power to invest and reinvest the Plan’s assets in such securities and property, real or personal, wherever situated, as the trustee shall deem advisable. Under the Plan, Rollins is to designate the Plan’s administrator; if Rollins does not designate an administrator, then Rollins is to function as the administrator. Rollins has not designated an administrator. Petitioner owns 100 percent of Rollins Financial Counseling, Inc., a registered investment advisory company, hereinafter sometimes referred to as Rollins Financial. In November 1993, Rollins entered into an investment advisory agreement with Rollins Financial whereby Rollins Financial was to provide financial counseling services to Rollins. The agreement provides that petitioner, as Rollins Financial’s CEO, “will make all investment decisions on behalf of [Rollins] * * *. The recommendations developed by [petitioner] are based upon the professional judgment of [petitioner]”. 2. The Loans a. Overall As to each of the loans shown in table 1, petitioner made the decision to lend the Plan’s money in the indicated amount to the indicated borrower: Jocks & Jills Charlotte, Inc., hereinafter sometimes referred to as J & J Charlotte; Eagle Bluff Golf Club, LLC, hereinafter sometimes referred to as Eagle Bluff;Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011