# K CAPITAL LLC X-17A-5 (2021-02-25) — Broker-dealer annual report - Company: K CAPITAL LLC - Form: X-17A-5 - Filed: 2021-02-25 - Period: 2020-12-31 - Accession: 0001433656-21-000001 - CIK: 1433656 - File #: 8-67884 - Material weakness: No - Auditor: Spicer Jeffries LLP - Auditor location: Denver, CO - Contact: Michael Brown - Phone: 404-303-8840 - Website: spicerjeffries.com - Signed by: Michael Brown (Chief Executive Officer) Original filing: https://www.sec.gov/Archives/edgar/data/1433656/000143365621000001/kc2020auditpublic.pdf --- {0}------------------------------------------------ **UNITEDSTATES SECURITIESANDEXCHANGECOMMISSION Washington, D.C. 20549** | OMB APPROVAL________ | | | | | |--------------------------|--|-----------------|--|--| | OMB Number: | | 3235-0123 | | | | Expires: | | October 31,2023 | | | | Estimated average burden | | | | | | hours per response12.00 | | | | | | | | | | | # **ANNUAL AUDITED REPORT FORM X-17A-5 PART III** | SEC FILE NUMBER | |-----------------| | | | s-067884 | **FACING PAGE** **Information Required of Brokers and Dealers Pursuant to Section 17 of the Securities Exchange Act of 1934 and Rule 17a-5 Thereunder** | 01/01/2020_________
REPORT
THE
PERIOD
BEGINNING
FOR | | 12/31/2020__________
AND ENDING | | | |-------------------------------------------------------------------------------------------------|-----------------------------------------------|---------------------------------------------------------|-----------------------------------|--| | | MMDD'YY | | MM DD Y Y | | | A. | REGISTRANT
IDENTIFICATION | | | | | Capital
K
LLC
NAME
OF BROKER-DEALER: | | | OFFICIAL USE ONLY | | | ADDRESS
OF
PRINCIPAL
PLACE
OF
BUSINESS:
(Do
not
use
P.O. Box
No.) | | | FIRM I.D. NO. | | | Third
Avenue,
Floor
805
14 | | | | | | | (No. and Street) | | | | | York
New | NY | 10022 | | | | (City) | (Stale) | (Zip Code) | | | | NAME
AND
TELEPHONE
NUMBER
OF
PERSON
Michael Brown | TO
CONTACT | IN REGARD
TO
THIS
REPORT
404-303-6840 x1005 | | | | | | | (Area Code -
Telephone Number) | | | B. | ACCOUNTANT
IDENTIFICATION | | | | | Spicer
Jeffries
LLP | ifindividual,
(Name | state last, first, middle name) | | | | 700
PTC
Blvd.,
Suite
4601 | Denver | CO | 80237 | | | (Address) | (City) | (Slate) | (Zip Code) | | | CHECK
ONE: | | | | | | Certified
Public
Accountant | | | | | | Public
Accountant | | | | | | resident
Accountant
not
United
in | or
any of
States
its
possessions. | | | | | OFFICIAL
FOR | USEONLY | | | | | | | | | | | | | | | | | | | | | | *must be supported by a statement offacts and circumstances relied on as the basisfor the exemption. See Section 240.17a-5(e)(2)* **Potential persons who are to respond to the collection of information contained In this form are not required to respond unlessthe form displays a currently valid OMB control number.** SEC 1410 (11-05) {1}------------------------------------------------ #### **OATH OR AFFIRMATION** | Michael
Brown________________________________________________________
I | | of
, swear
(or
affirm)
that,
best
to the | | | |-------------------------------------------------------------------------------|-----------|------------------------------------------------------------------------------|--|--| | belief
my knowledge
and
accompanying
financial
the | statement | of
supporting
schedules
pertaining
and
to the
firm | | | | K Capital LLC | | ____________________________________________ __ ____________ , as | | | | of
December
31_____
_______ __________________20 | ^0 | are
tnic
an(j correct.
I further
swear
(or
affirm)
that | | | | neither
nor
proprietor,
principal
the
company
any partner, | officer | or
director
interest
has
any proprietary
in any
account | | | | of
classified
as that
a customer,
except
as follows:
solely | | | | | | | | | | | ![](_page_1_Picture_2.jpeg) Signature Chief Executive Officer Title This report \*\* contains (check all applicable boxes): (a) □ Facing Page. - (b) 0 Statement of Financial Condition. - (c) □ Statement of Income (Loss) or. if there is other comprehensive income in the pcriod(s) presented, a Statement of Comprehensive Income (as defined in §210.1-02 of Regulation S-X). - (d) Statement of Changes in Financial Condition - (e) Statement of Changes in Stockholders' Equity or Partners' or Sole Proprietors' Capital. - (f) Statement of Changes in Liabilities Subordinated to Claims of Creditors. - (g) Computation of Net Capital. - (h) Computation for Determination of Reserve Requirements Pursuant to Rule 15c3-3. - (i) Information Relating to the Possession or Control Requirements Under Rule 15c3-3. - (j) A Reconciliation, including appropriate explanation of the Computation of Net Capital Under Rule 15c3-l and the Computation for Determination of the Reserve Requirements Under Exhibit A of Rule 15c3-3. - □ (k) A Reconciliation between the audited and unaudited Statements of Financial Condition with respect to methods of consolidation. - An Oath oi Affii maiion. (1) - (m) A copy of the SIPC Supplemental Report. - □ (n) A report describing any material inadequacies found to exist or found to have existed since the date ofthe previous audit. *\*\*For conditions ofconfidential treatment ofcertain portions ofthisfiling, see section 240.17a-5(e)(3).* {2}------------------------------------------------ # **STATEMENT OF FINANCIAL CONDITION** # **YEAR ENDED DECEMBER 31, 2020** The report is filed in accordance with Rule 17a-5(e)(3) under the Securities Exchange Act of 1934 as a **PUBLIC DOCUMENT.** {3}------------------------------------------------ ### **TABLE OF CONTENTS** | Report of Independent Registered Public Accounting Firm | 3 | |---------------------------------------------------------|-------------| | Statement of Financial Condition | 4 | | Notes to Financial Statements | 5
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7 | {4}------------------------------------------------ ![](_page_4_Picture_0.jpeg) 4601 DTC BOULEVARD • SUITE 700 DENVER, COLORADO 80237 TELEPHONE: (303) 753-1959 FAX: (303) 753-0338 www.spicerjeffries.com # **REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM** To the Board of Directors and Members of K Capital, LLC ### **Opinion on the Financial Statements** We have audited the accompanying statement of financial condition of K Capital, LLC (the "Company") as of December 31, 2020, and the related notes to the statement of financial condition. In our opinion, the financial statement presents fairly, in all material respects, the financial position of the Company as of December 31, 2020 in conformity with accounting principles generally accepted in the United States of America. # **Basis for Opinion** This financial statement is the responsibility of the Company's management. Our responsibility is to express an opinion on the Company's financial statement based on our audit. We are a public accounting firm registered with the Public Company Accounting Oversight Board (United States) (PCAOB) and are required to be independent with respect to the Company in accordance with the U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB. We conducted our audit in accordance with the standards of the PCAOB. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statement is free of material misstatement, whether due to error or fraud. Our audit included performing procedures to assess the risks of material misstatement of the financial statement, whether due to error or fraud, and performing procedures that respond to those risks. Such procedures included examining, on a test basis, evidence regarding the amounts and disclosures in the financial statement. Our audit also included evaluating the accounting principles used and significant estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that our audit provides a reasonable basis for our opinion. We have served as K Capital, LLCs auditor since 2014. Denver, Colorado February 9, 2021 ![](_page_4_Picture_12.jpeg) {5}------------------------------------------------ #### **STATEMENT OF FINANCIAL CONDITION** #### **DECEMBER 31, 2020** #### **ASSETS** | Total assets | \$
796,580 | |--------------------------|---------------| | | | | Other assets | 103 | | Accounts receivable | - | | Due from Parent (Note 3) | 391,397 | | Cash | \$
405,080 | #### **LIABILITIES AND MEMBER'S EQUITY** | LIABILITIES: | | |-----------------------------------------------|---------------| | Deferred revenue | \$
- | | Total liabilities | - | | COMMITMENTS AND CONTINGENCIES (Notes 3 and 4) | | | MEMBER'S EQUITY (Note 2) | 796,580 | | Total liabilities and member's equity | \$
796,580 | The accompanying notes are an integral part of this statement. {6}------------------------------------------------ ### **NOTES TO FINANCIAL STATEMENTS** ### **NOTE 1- ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES** #### **Organization and Business** K Capital LLC (the "Company") was formed in the state of Delaware on March 14, 2011, and is a wholly owned subsidiary of Kinetic Advisors LLC. The Company's objective is to assist business clients in the areas of private placements, mergers and acquisitions, oil and gas interests and limited partnerships. The Company is registered with the Securities and Exchange Commission ("SEC") and is a member of the Financial Industry Regulatory Authority, Inc. ("FINRA"). ### **15c3-3 Exemption** The Company carries no customer funds or securities and therefore is exempt from the reserve and possession or control requirements under Rule 15c3-3(k)(2)(i) of the Securities Exchange Act of 1934. The Company identified the provisions of Footnote 74 under which the Company is not required to claim an exemption from 17 C.F.R. §240.15c3-3. The Company met the identified provisions of Footnote 74 for the period November 19, 2020, through December 31, 2020. #### **Revenue Recognition** The Company's primary sources of revenue are advisory fees and sales concessions. The Company records these fees when they are earned. As of December 31, 2020, management has determined that no allowance for doubtful accounts is necessary. #### **Estimates** The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. #### **Income Taxes** The Company is recognized as a disregarded entity by the Internal Revenue Service. The Member of the Company is liable for federal and state income taxes on the Company's taxable income. The Company, through its Member, is subject to New York City Unincorporated Business Tax. {7}------------------------------------------------ #### **NOTES TO FINANCIAL STATEMENTS (continued)** ### **NOTE 1- ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (concluded)** #### **Income Taxes (concluded)** The Company is required to determine whether a tax position is more likely than not to be sustained upon examination by the applicable taxing authority, including resolution of any tax related appeals or litigation processes, based on the technical merits of the position. The Company, through its Member, files an income tax return in the U.S. federal jurisdiction, and may file income tax returns in various U.S. states. The Company is not subject to income tax return examinations by major taxing authorities for years before 2016. The tax benefit recognized is measured as the largest amount of benefit that has a greater than fifty percent likelihood of being realized upon ultimate settlement. De-recognition of a tax benefit previously recognized results in the Company recording a tax liability that reduces net assets. However, the Company's conclusions regarding this policy may be subject to review and adjustment at a later date based on factors including, but not limited to, on-going analyses of and changes to tax laws, regulations, and interpretations thereof. The Company recognizes interest accrued related to unrecognized tax benefits and penalties related unrecognized tax benefits in income taxes payable, if assessed. No interest expense or penalties have been recognized as of and for the year ended December 31, 2020. #### **NOTE 2 – NET CAPITAL REQUIREMENTS** Pursuant to the net capital provisions of Rule 15c3-1 of the Securities Exchange Act of 1934, the Company is required to maintain a minimum net capital, as defined under such provisions. At December 31, 2020, the Company had net capital and net capital requirements of \$405,080 and \$5,000, respectively. The Company's net capital ratio (aggregate indebtedness to net capital) was 0.00 to 1. According to Rule 15c3-1, the Company's net capital ratio shall not exceed 15 to 1. #### **NOTE 3 – RELATED PARTY TRANSACTIONS AND COMMITMENTS** The Company has entered into an expense sharing agreement with its Parent. Under the terms of this agreement, the Company pays various shared expenses including rent, utilities, salaries, marketing and advertising, professional and other miscellaneous expenses. Total of such expenses under this agreement were \$18,010 per month for the year ended December 31, 2020. The Company expensed \$216,120 in accordance with its expense sharing agreement. As of December 31, 2020, the Company had a due from Parent balance of \$391,397. {8}------------------------------------------------ # **NOTES TO FINANCIAL STATEMENTS (concluded)** # **NOTE 4 – FINANCIAL INSTRUMENTS, OFF-BALANCE SHEET RISK AND CONTINGENCIES** The Company is engaged in business with various counterparties. In the event that counterparties do not fulfill their obligations, the Company may be exposed to risk. The risk of default depends on the creditworthiness of the counterparty. It is the Company's policy to review as necessary, the credit standing of each counterparty with which it conducts business. The Company maintains its cash balance in a financial institution, which at times may exceed federally insured limits. As of December 31, 2020, the Company did not hold cash in excess of the federally insured limit. The Company has not experienced any losses in such accounts and believes it is not exposed to any significant credit risk. The Company's financial instruments, including cash, other assets, accounts receivable and due to Parent are carried at amounts that approximate fair value due to the short-term nature of those instruments. # **NOTE 5 – SUBSEQUENT EVENTS** The Company has performed an evaluation of subsequent events through the date the financial statements were issued. The evaluation did not result in any subsequent events that required disclosures and/or adjustments. Source: SEC EDGAR via Adviser Search (https://search.stillhousedata.com). Agents: see https://search.stillhousedata.com/llms.txt.