-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, JfIsCAlbCc7/EJs1RvvvF8lQEWyujlvM9omGZWz4WpCOhI9m52O7TQ5TYc1cygzf 6s5IJOJh0+gaDPdhSGTuXw== 0001111830-10-001028.txt : 20101104 0001111830-10-001028.hdr.sgml : 20101104 20101104140410 ACCESSION NUMBER: 0001111830-10-001028 CONFORMED SUBMISSION TYPE: N-Q PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20100930 FILED AS OF DATE: 20101104 DATE AS OF CHANGE: 20101104 EFFECTIVENESS DATE: 20101104 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CUTLER TRUST CENTRAL INDEX KEY: 0000892568 IRS NUMBER: 133693851 STATE OF INCORPORATION: DE FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: N-Q SEC ACT: 1940 Act SEC FILE NUMBER: 811-07242 FILM NUMBER: 101164349 BUSINESS ADDRESS: STREET 1: C/O ULTIMUS FUND SOLUTIONS, LLC STREET 2: 225 PICTORIA DRIVE, SUITE 450 CITY: CINCINNATI STATE: OH ZIP: 45246 BUSINESS PHONE: 513-587-3400 MAIL ADDRESS: STREET 1: C/O ULTIMUS FUND SOLUTIONS, LLC STREET 2: 225 PICTORIA DRIVE, SUITE 450 CITY: CINCINNATI STATE: OH ZIP: 45246 0000892568 S000001540 Cutler Equity Fund C000004187 Cutler Equity Fund CALEX N-Q 1 fp0002203_nq.htm THE CUTLER TRUST - FORM N-Q fp0002203_nq.htm
 
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
FORM N-Q
 
QUARTERLY SCHEDULE OF PORTFOLIO HOLDINGS OF REGISTERED
MANAGEMENT INVESTMENT COMPANY
 
 
Investment Company Act file number     811-07242                                    
 
 
The Cutler Trust
(Exact name of registrant as specified in charter)
 
 
525 Bigham Knoll                                Jacksonville, Oregon
97530
(Address of principal executive offices)
(Zip code)
 
 
Erich M. Patten
 
Cutler Investment Counsel, LLC         525 Bigham Knoll        Jacksonville, Oregon 97530
(Name and address of agent for service)
 
 
Registrant's telephone number, including area code:    (541) 770-9000                    
 
 
Date of fiscal year end:         June 30, 2011                                       
 
 
Date of reporting period:       September 30, 2010                              
 
 
Form N-Q is to be used by management investment companies other than small business investment companies registered on Form N-5 (§§ 239.24 and 274.5 of this chapter), to file reports with the Commission, not later than 60 days after the close of the first and third fiscal quarters, pursuant to Rule 30b1-5 under the Investment Company Act of 1940 (17 CFR 270.30b1-5). The Commission may use the information provided on Form N-Q in its regulatory, disclosure review, inspection, and policymaking roles.
 
A registrant is required to disclose the information specified by Form N-Q, and the Commission will make this information public. A registrant is not required to respond to the collection of information contained in Form N-Q unless the Form displays a currently valid Office of Management and Budget ("OMB") control number. Please direct comments concerning the accuracy of the information collection burden estimate and any suggestions for reducing the burden to Secretary, Securities and Exchange Commission, 450 Fifth Street, NW, Washington, DC 20549-0609. The OMB has reviewed this collection of information under the clearance requirements of 44 U.S.C. § 3507.
 
 
 

 
 
Item 1.
Schedule of Investments.
 
CUTLER EQUITY FUND
SCHEDULE OF INVESTMENTS
September 30, 2010 (Unaudited)
     
Shares
 
COMMON STOCKS — 98.9%
 
Value
 
           
   
Consumer Discretionary — 5.7%
     
   
Multiline Retail — 3.2%
     
29,380  
Nordstrom, Inc.
  $ 1,092,936  
             
   
Specialty Retail — 2.5%
       
27,480  
Home Depot, Inc. (The)
    870,567  
             
   
Consumer Staples — 11.1%
       
   
Beverages — 3.2%
       
16,430  
PepsiCo, Inc.
    1,091,609  
             
   
Food & Staples Retailing — 2.4%
       
28,770  
Sysco Corp.
    820,520  
             
   
Food Products — 3.0%
       
32,960  
Archer-Daniels-Midland Co.
    1,052,083  
             
   
Household Products — 2.5%
       
13,440  
Kimberly-Clark Corp.
    874,272  
             
   
Energy — 12.8%
       
   
Energy Equipment & Services — 3.6%
       
37,520  
Halliburton Co.
    1,240,786  
             
   
Oil, Gas & Consumable Fuels — 9.2%
       
16,340  
Chevron Corp.
    1,324,357  
16,900  
ConocoPhillips
    970,567  
14,365  
Exxon Mobil Corp.
    887,613  
          3,182,537  
   
Financials — 9.7%
       
   
Consumer Finance — 3.7%
       
30,565  
American Express Co.
    1,284,647  
             
   
Insurance — 3.4%
       
20,440  
Chubb Corp. (The)
    1,164,876  
             
   
Thrifts & Mortgage Finance — 2.6%
       
71,460  
Hudson City Bancorp, Inc.
    876,100  
 
 
 

 
 
CUTLER EQUITY FUND
       
SCHEDULE OF INVESTMENTS (Continued)
       
             
Shares
 
COMMON STOCKS — 98.9% (Continued)
 
Value
 
             
   
Health Care — 11.7%
       
   
Health Care Equipment & Supplies — 2.7%
       
12,220  
Becton, Dickinson and Co.
  $ 905,502  
             
   
Pharmaceuticals — 9.0%
       
36,790  
Bristol-Myers Squibb Co.
    997,377  
17,100  
Johnson & Johnson
    1,059,516  
28,550  
Merck & Co., Inc.
    1,050,926  
          3,107,819  
   
Industrials — 16.8%
       
   
Aerospace & Defense — 6.0%
       
19,200  
Honeywell International, Inc.
    843,648  
17,100  
United Technologies Corp.
    1,218,033  
          2,061,681  
   
Electrical Equipment — 3.2%
       
21,000  
Emerson Electric Co.
    1,105,860  
             
   
Machinery — 4.1%
       
17,890  
Caterpillar, Inc.
    1,407,585  
             
   
Road & Rail — 3.5%
       
14,900  
Union Pacific Corp.
    1,218,820  
             
   
Information Technology — 10.3%
       
   
IT Services — 4.1%
       
10,650  
International Business Machines Corp.
    1,428,591  
             
   
Semiconductors & Semiconductor Equipment — 6.2%
       
45,930  
Intel Corp.
    883,234  
45,800  
Texas Instruments, Inc.
    1,243,012  
          2,126,246  
   
Materials — 7.6%
       
   
Chemicals — 5.4%
       
31,170  
E.I. du Pont de Nemours and Co.
    1,390,805  
10,130  
Monsanto Co.
    485,531  
          1,876,336  
   
Metals & Mining — 2.2%
       
19,625  
Nucor Corp.
    749,675  
             
   
Telecommunication Services — 5.7%
       
   
Diversified Telecommunication Services — 5.7%
       
31,770  
AT&T, Inc.
    908,622  
32,175  
Verizon Communications, Inc.
    1,048,583  
          1,957,205  
 
 
 

 
 
CUTLER EQUITY FUND
       
SCHEDULE OF INVESTMENTS (Continued)
       
             
Shares
 
COMMON STOCKS — 98.9% (Continued)
 
Value
 
             
   
Utilities — 7.5%
       
   
Gas Utilities — 3.8%
       
25,290  
National Fuel Gas Co.
  $ 1,310,275  
             
   
Multi-Utilities — 3.7%
       
26,400  
Consolidated Edison, Inc.
    1,273,008  
             
   
Total Common Stocks (Cost $26,508,056)
  $ 34,079,536  
             
             
Shares
 
MONEY MARKET FUNDS — 0.9%
 
Value
 
             
327,211  
Fidelity Institutional Money Market Portfolio - Select Class, 0.20% (a)
       
   
     (Cost $327,211)
  $ 327,211  
             
   
Total Investments at Value — 99.8% (Cost $26,835,267)
  $ 34,406,747  
             
   
Other Assets in Excess of Liabilities — 0.2%
    54,638  
             
   
Net Assets — 100.0%
  $ 34,461,385  
 
(a) Variable rate security.  The rate shown is the 7-day effective yield as of September 30, 2010.
 
               
See accompanying notes to Schedule of Investments.
 
               

 
 

 
 
CUTLER EQUITY FUND
NOTES TO SCHEDULE OF INVESTMENTS
September 30, 2010 (Unaudited)

 
1.  Securities Valuation
 
The Cutler Equity Fund’s (the “Fund”) portfolio securities are valued as of the close of business of the regular session of the principal exchange where the security is traded. Exchange traded securities for which market quotations are readily available are valued using the last reported sales price provided by independent pricing services as of the close of trading on the New York Stock Exchange (normally 4:00 p.m. Eastern time), on each Fund business day. In the absence of a sale, such securities are valued at the mean of the last bid and asked price. Securities which are quoted by NASDAQ are valued at the NASDAQ Official Closing Price. Non-exchange traded securities for which over-the-counter quotations are available are generally valued at the mean between the closing bid and asked prices. Money market instruments that mature in sixty days or less may be valued at amortized cost unless the Fund’s investment adviser believes another valuation is more appropriate.
 
The Fund values securities at fair value pursuant to procedures adopted by the Board of Trustees if (1) market quotations are insufficient or not readily available or (2) the Fund’s investment adviser believes that the prices or values available are unreliable due to, among other things, the occurrence of events after the close of the securities markets on which the Fund’s securities primarily trade but before the time as of which the Fund calculates its net asset value. Fair valued securities will be classified as Level 2 or 3 within the fair value hierarchy, depending on the inputs used.
 
Accounting principles generally accepted in the United States (“GAAP”) establish a single authoritative definition of fair value, set out a framework for measuring fair value and require additional disclosures about fair value measurements.
 
Various inputs are used in determining the value of the Fund’s investments. These inputs are summarized in the three broad levels listed below:
 
 
·
Level 1 – quoted prices in active markets for identical securities
 
·
Level 2 – other significant observable inputs
 
·
Level 3 – significant unobservable inputs

The inputs or methodology used for valuing securities are not necessarily an indication of the risks associated with investing in those securities. The inputs used to measure fair value may fall into different levels of the fair value hierarchy. In such cases, for disclosure purposes, the level in the fair value hierarchy within which the fair value measurement falls in its entirety is determined based on the lowest level input that is significant to the fair value measurement.
 
The following is a summary of the inputs used to value the Fund’s investments as of September 30, 2010 by security type:
 
   
Level 1
   
Level 2
   
Level 3
   
Total
 
Common Stocks
  $ 34,079,536     $ -     $ -     $ 34,079,536  
Money Market Funds
    327,211       -       -       327,211  
Total
  $ 34,406,747     $ -     $ -     $ 34,406,747  
 
See the Fund’s Schedule of Investments for a listing of the common stocks valued using Level 1 inputs by industry type. During the quarter ended September 30, 2010, the Fund did not have any significant transfers in and out of Level 1 or Level 2. There were no Level 3 securities or derivative instruments held in the Fund during the quarter ended or as of September 30, 2010.
 
2.  Investment Transactions
 
Investment transactions are accounted for on trade date. Gains and losses on securities sold are determined on a specific identification basis.
 
 
 

 
 
CUTLER EQUITY FUND
NOTES TO SCHEDULE OF INVESTMENTS (Continued)

 
3.  Federal Income Tax
 
The following information is computed on a tax basis for each item as of September 30, 2010:
 
Cost of portfolio investments
  $ 26,847,547  
         
Gross unrealized appreciation
  $ 8,997,147  
Gross unrealized depreciation
    (1,437,947 )
         
Net unrealized appreciation
  $ 7,559,200  
 
The difference between the federal income tax cost of portfolio investments and the Schedule of Investments cost is due to certain timing differences in the recognition of capital gains and losses under income tax regulations and GAAP. These “book/tax” differences are temporary in nature and are due to losses deferred due to wash sales.
 
 
 

 
 
Item 2.
Controls and Procedures.
 
(a)  Based on their evaluation of the registrant’s disclosure controls and procedures (as defined in Rule 30a-3(c) under the Investment Company Act of 1940) as of a date within 90 days of the filing date of this report, the registrant’s principal executive officer and principal financial officer have concluded that such disclosure controls and procedures are reasonably designed and are operating effectively to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to them by others within those entities, particularly during the period in which this report is being prepared, and that such information is recorded, processed, summarized, and reported on a timely basis.
 
(b)  There were no changes in the registrant’s internal control over financial reporting (as defined in Rule 30a-3(d) under the Investment Company Act of 1940) that occurred during the registrant’s last fiscal quarter that have materially affected, or are reasonably likely to materially affect, the registrant’s internal control over financial reporting.
 
Item 3.
Exhibits.
 
File as exhibits as part of this Form a separate certification for each principal executive officer and principal financial officer of the registrant as required by Rule 30a-2(a) under the Act (17 CFR 270.30a-2(a)):  Attached hereto
 
 
 

 
 
SIGNATURES
 
Pursuant to the requirements of the Securities Exchange Act of 1934 and the Investment Company Act of 1940, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
 
 
(Registrant)   The Cutler Trust                                         
 
 
By (Signature and Title)*
/s/ Erich M. Patten
 
 
Erich M. Patten, President
 
     
Date
November 3, 2010
   
 
 
Pursuant to the requirements of the Securities Exchange Act of 1934 and the Investment Company Act of 1940, this report has been signed below by the following persons on behalf of the registrant and in the capacities and on the dates indicated.
 
 
By (Signature and Title)*
/s/ Erich M. Patten
 
 
Erich M. Patten, President
 
     
Date
November 3, 2010
   
       
       
By (Signature and Title)*
/s/ Matthew C. Patten
 
 
Matthew C. Patten, Treasurer
 
     
Date
November 3, 2010
   
 
 
* Print the name and title of each signing officer under his or her signature.
EX-99.CERT 2 fp0002203_ex99cert.htm CERTIFICATIONS AS REQUIRED BY RULE 30A-2(A) fp0002203_ex99cert.htm
 
EX-99.CERT
 
CERTIFICATIONS
 
I, Erich M. Patten, certify that:
 
1.         I have reviewed this report on Form N-Q of The Cutler Trust;
 
2.         Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
 
3.         Based on my knowledge, the schedules of investments included in this report fairly present in all material respects the investments of the registrant as of the end of the fiscal quarter for which the report is filed;
 
4.         The registrant’s other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Rule 30a-3(c) under the Investment Company Act of 1940) and internal control over financial reporting (as defined in Rule 30a-3(d) under the Investment Company Act of 1940) for the registrant and have:
 
(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
 
(b) Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;
 
(c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of a date within 90 days prior to the filing date of this report, based on such evaluation; and
 
(d) Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and
 
5.         The registrant’s other certifying officer(s) and I have disclosed to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions):
 
(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize, and report financial information; and
 
(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting.
 
 
Date:  November 3, 2010
 
/s/ Erich M. Patten                                 
   
Erich M. Patten, President
 
 
 

 
 
CERTIFICATIONS
 
I, Matthew C. Patten, certify that:
 
1.         I have reviewed this report on Form N-Q of The Cutler Trust;
 
2.         Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
 
3.         Based on my knowledge, the schedules of investments included in this report fairly present in all material respects the investments of the registrant as of the end of the fiscal quarter for which the report is filed;
 
4.         The registrant’s other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Rule 30a-3(c) under the Investment Company Act of 1940) and internal control over financial reporting (as defined in Rule 30a-3(d) under the Investment Company Act of 1940) for the registrant and have:
 
(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
 
(b) Designed such internal control over financial reporting, or caused such control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;
 
(c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of a date within 90 days prior to the filing date of this report, based on such evaluation; and
 
(d) Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and
 
5.         The registrant’s other certifying officer(s) and I have disclosed to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions):
 
(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize, and report financial information; and
 
(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting.
 
 
Date: November 3, 2010
   
/s/ Matthew C. Patten                           
   
Matthew C. Patten, Treasurer
 
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