0001111830-12-000800.txt : 20121031 0001111830-12-000800.hdr.sgml : 20121031 20121031124116 ACCESSION NUMBER: 0001111830-12-000800 CONFORMED SUBMISSION TYPE: N-Q PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20120930 FILED AS OF DATE: 20121031 DATE AS OF CHANGE: 20121031 EFFECTIVENESS DATE: 20121031 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: 121170169 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 fp0005677_nq.htm THE CUTLER TRUST - FORM N-Q fp0005677_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, 2013                        
 
Date of reporting period:       September 30, 2012               
 
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, 2012 (Unaudited)
           
COMMON STOCKS — 97.5%
 
Shares
   
Value
 
             
Consumer Discretionary — 14.7%
           
Hotels, Restaurants & Leisure — 2.4%
           
McDonald's Corporation
    24,405     $ 2,239,159  
                 
Household Durables — 1.7%
               
Tupperware Brands Corporation
    30,000       1,607,700  
                 
Media — 3.4%
               
Walt Disney Company (The)
    60,975       3,187,773  
                 
Multiline Retail — 3.4%
               
Nordstrom, Inc.
    56,385       3,111,324  
                 
Specialty Retail — 3.8%
               
Home Depot, Inc. (The)
    58,420       3,526,815  
                 
Consumer Staples — 6.7%
               
Beverages — 1.4%
               
PepsiCo, Inc.
    18,745       1,326,584  
                 
Food & Staples Retailing — 1.2%
               
Sysco Corporation
    34,845       1,089,603  
                 
Food Products — 1.1%
               
Archer-Daniels-Midland Company
    37,135       1,009,329  
                 
Household Products — 3.0%
               
Kimberly-Clark Corporation
    17,240       1,478,847  
Procter & Gamble Company (The)
    18,680       1,295,645  
              2,774,492  
Energy — 14.4%
               
Energy Equipment & Services — 3.2%
               
Diamond Offshore Drilling, Inc.
    25,000       1,645,250  
Halliburton Company
    40,000       1,347,600  
              2,992,850  
 
 
 

 
 
CUTLER EQUITY FUND
               
SCHEDULE OF INVESTMENTS (Continued)
               
COMMON STOCKS — 97.5% (Continued)
 
Shares
   
Value
 
                 
Energy — 14.4% (Continued)
               
Oil, Gas & Consumable Fuels — 11.2%
               
Anadarko Petroleum Corporation
    25,000     $ 1,748,000  
BP plc
    40,000       1,694,400  
Chevron Corporation
    29,820       3,475,819  
ConocoPhillips
    24,580       1,405,485  
Exxon Mobil Corporation
    17,355       1,587,115  
Phillips 66
    9,930       460,454  
              10,371,273  
Financials — 14.9%
               
Capital Markets — 1.2%
               
Charles Schwab Corporation (The)
    85,095       1,088,365  
                 
Commercial Banks — 1.7%
               
M&T Bank Corporation
    16,340       1,554,915  
                 
Consumer Finance — 3.6%
               
American Express Company
    59,205       3,366,396  
                 
Diversified Financial Services — 1.7%
               
JPMorgan Chase & Company
    40,000       1,619,200  
                 
Insurance — 6.7%
               
Chubb Corporation (The)
    39,670       3,026,028  
Hartford Financial Services Group
    100,000       1,944,000  
Lincoln National Corporation
    50,000       1,209,500  
              6,179,528  
Health Care — 14.7%
               
Health Care Equipment & Supplies — 2.6%
               
Becton, Dickinson and Company
    30,325       2,382,332  
                 
Health Care Providers & Services — 1.7%
               
Aetna, Inc.
    40,000       1,584,000  
 
 
 

 
 
CUTLER EQUITY FUND
               
SCHEDULE OF INVESTMENTS (Continued)
               
COMMON STOCKS — 97.5% (Continued)
 
Shares
   
Value
 
                 
Health Care — 14.7% (Continued)
               
Pharmaceuticals — 10.4%
               
Abbott Laboratories
    20,000     $ 1,371,200  
Bristol-Myers Squibb Company
    44,740       1,509,975  
GlaxoSmithkline plc
    40,000       1,849,600  
Johnson & Johnson
    21,420       1,476,052  
Merck & Company, Inc.
    76,790       3,463,229  
              9,670,056  
Industrials — 8.2%
               
Aerospace & Defense — 4.3%
               
Honeywell International, Inc.
    21,540       1,287,015  
United Technologies Corporation
    34,010       2,662,643  
              3,949,658  
Electrical Equipment — 1.2%
               
Emerson Electric Company
    23,735       1,145,689  
                 
Machinery — 2.7%
               
Caterpillar, Inc.
    28,980       2,493,439  
                 
Information Technology — 11.4%
               
Computers & Peripherals — 1.4%
               
Apple, Inc.
    2,000       1,334,520  
                 
IT Services — 4.1%
               
International Business Machines Corporation
    18,565       3,851,309  
                 
Semiconductors & Semiconductor Equipment — 3.0%
               
Intel Corporation
    64,465       1,462,066  
Texas Instruments, Inc.
    47,400       1,305,870  
              2,767,936  
Software — 2.9%
               
Microsoft Corporation
    89,425       2,663,077  
                 
Materials — 6.1%
               
Chemicals — 3.3%
               
E.I. du Pont de Nemours and Company
    32,905       1,654,134  
Monsanto Company
    15,215       1,384,869  
              3,039,003  
 
 
 

 
 
CUTLER EQUITY FUND
               
SCHEDULE OF INVESTMENTS (Continued)
               
COMMON STOCKS — 97.5% (Continued)
 
Shares
   
Value
 
                 
Materials — 6.1% (Continued)
               
Metals & Mining — 2.8%
               
Newmont Mining Corporation
    30,000     $ 1,680,300  
Nucor Corporation
    23,620       903,701  
              2,584,001  
Telecommunication Services — 4.7%
               
Diversified Telecommunication Services — 4.7%
               
AT&T, Inc.
    41,940       1,581,138  
Verizon Communications, Inc.
    60,960       2,777,947  
              4,359,085  
Utilities — 1.7%
               
Gas Utilities — 1.7%
               
National Fuel Gas Company
    29,545       1,596,612  
                 
Total Common Stocks (Cost $72,891,705)
          $ 90,466,023  
                 
                 
MONEY MARKET FUNDS — 1.6%
 
Shares
   
Value
 
                 
AIM STIT - STIC Prime Portfolio - Institutional Class, 0.09% (a)
    1,520,196          
     (Cost $1,520,196)
          $ 1,520,196  
                 
Total Investments at Value — 99.1% (Cost $74,411,901)
          $ 91,986,219  
                 
Other Assets in Excess of Liabilities — 0.9%
            792,161  
                 
Net Assets — 100.0%
          $ 92,778,380  
 
(a) Variable rate security.  The rate shown is the 7-day effective yield as of September 30, 2012.

See accompanying notes to Schedule of Investments.

 
 

 
 
CUTLER EQUITY FUND
NOTES TO SCHEDULE OF INVESTMENTS
September 30, 2012 (Unaudited)

 
1.   Securities Valuation
 
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 closing bid price.  Short-term instruments (those with remaining maturities of 60 days or less) may be valued at amortized cost, which approximates market value.
 
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 (see below) within the fair value hierarchy, depending on the inputs used.  Investments in money market funds are valued at amortized cost.
 
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, 2012 by security type:
 
   
Level 1
   
Level 2
   
Level 3
   
Total
 
Common Stocks
  $ 90,466,023     $ -     $ -     $ 90,466,023  
Money Market Funds
    1,520,196       -       -       1,520,196  
Total
  $ 91,986,219     $ -     $ -     $ 91,986,219  
 
See the Fund’s Schedule of Investments for a listing of the common stocks valued using Level 1 inputs by industry type.  The Fund did not have any transfers in and out of any Level as of September 30, 2012.  There were no Level 2 or Level 3 securities or derivative instruments held in the Fund as of September 30, 2012.  It is the Fund’s policy to recognize transfers into and out of any Level at the end of the reporting period.
 
 
 

 
 
CUTLER EQUITY FUND
NOTES TO SCHEDULE OF INVESTMENTS (Continued)

 
2.   Investment Transactions
 
Investment transactions are accounted for on trade date.  Gains and losses on securities sold are determined on a specific identification basis.
 
3.   Federal Income Tax
 
The following information is computed on a tax basis for each item as of September 30, 2012:
 
Cost of portfolio investments
  $ 74,431,600  
         
Gross unrealized appreciation
  $ 18,682,503  
Gross unrealized depreciation
    (1,127,884 )
         
Net unrealized appreciation
  $ 17,554,619  
 
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 the tax deferral of losses on 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
October 30, 2012    
 
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
October 30, 2012
                                                       
 
       
By (Signature and Title)*
/s/ Matthew C. Patten
 
    Matthew C. Patten, Treasurer  
       
Date
October 30, 2012    
 
* Print the name and title of each signing officer under his or her signature.
 
EX-99.CERT 2 fp0005677_ex99cert.htm CERTIFICATIONS AS REQUIRED BY RULE 30A-2(A) fp0005677_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:  October 30, 2012
/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: October 30, 2012
/s/ Matthew C. Patten
 
 
Matthew C. Patten, Treasurer