0001413042-23-000959.txt : 20231213 0001413042-23-000959.hdr.sgml : 20231213 20231213115920 ACCESSION NUMBER: 0001413042-23-000959 CONFORMED SUBMISSION TYPE: N-CEN PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20230930 FILED AS OF DATE: 20231213 DATE AS OF CHANGE: 20231213 EFFECTIVENESS DATE: 20231213 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NEIMAN FUNDS CENTRAL INDEX KEY: 0001215880 IRS NUMBER: 562328324 FISCAL YEAR END: 0331 FILING VALUES: FORM TYPE: N-CEN SEC ACT: 1940 Act SEC FILE NUMBER: 811-21290 FILM NUMBER: 231483405 BUSINESS ADDRESS: STREET 1: 305 SPINDRIFT DRIVE CITY: WILLIAMSVILLE STATE: NY ZIP: 14221 BUSINESS PHONE: 8583360832 MAIL ADDRESS: STREET 1: 305 SPINDRIFT DRIVE CITY: WILLIAMSVILLE STATE: NY ZIP: 14221 0001215880 S000070469 Advisors Capital Small/Mid Cap Fund C000223975 Advisors Capital Small/Mid Cap Fund ACSMX 0001215880 S000070470 Advisors Capital Tactical Fixed Income Fund C000223976 Advisors Capital Tactical Fixed Income Fund ACTIX 0001215880 S000070471 Advisors Capital US Dividend Fund C000223977 Advisors Capital US Dividend Fund ACUSX 0001215880 S000077799 Advisors Capital Active All Cap Fund C000238360 Advisors Capital Active All Cap Fund ACALX N-CEN 1 primary_doc.xml X0404 N-CEN LIVE 0001215880 XXXXXXXX false false false N-1A S000070469 true S000070470 true S000070471 true S000077799 C000238360 NEIMAN FUNDS 811-21290 0001215880 549300RIX1W2VYXCFZ85 305 SPINDRIFT DRIVE WILLIAMSVILLE 14221 US-NY US 7166331515 Mutual Shareholder Services, LLC 8000 Town Centre Drive, Suite 400 Broadview Heights 44147 4409220066 All accounts, books and documents required to be maintained by the Transfer Agent, Fund Accounting Agent and Shareholder Servicing Agent pursuant to Section 31(a) of the Investment Company Act of 1940 and Rules 31a-1 through 31a-3. US Bank, N.A. 425 Walnut Street Cincinnati 45202 5136324140 All accounts, books and documents required to be maintained by the Custodian. N N N N-1A 5 Y MICHAEL LOMAS 002672193 Y DARLA CALRK N/A N SUZANNE COWAN DIMEFF 004420595 N DANIEL NEIMAN 004649480 305 SPINDRIFT DRIVE WILLIAMSVILLE 14221 XXXXXX N N N N N N N ARBOR COURT CAPITAL, LLC 008-67609 000143839 N/A N N COHEN & COMPANY, LTD. 925 N/A N N N N N N N Advisors Capital Small/Mid Cap Fund S000070469 549300I2RYCQV7S7JF68 N 1 0 0 N/A N N Y N N/A N/A N N N/A N/A N/A Rule 32a-4 (17 CFR 270.32a-4) N N N N AC FUNDS LLC 801-119975 000311748 N/A 2020-12-14 ADVISORS CAPITAL MANAGEMENT, LLC 801-62058 000112266 N/A Y MUTUAL SHAREHOLDER SERVICES, LLC 084-05821 549300TSNG2XMCUGTB05 N N N FIS N/A N N US BANK, N.A. 6BYL5QZYBDK8S7L73M02 N N Bank - section 17(f)(1) (15 U.S.C. 80a-17(f)(1)) N MUTUAL SHAREHOLDER SERVICES, LLC 549300TSNG2XMCUGTB05 N N N PREMIER FUND SOLUTIONS, INC. N/A N N N FIDELITY BROKERAGE SERVICES LLC 008-23292 000007784 549300OQFQ4NFIOD5695 2006 2006 0 N 46672849.1 N N N N Advisors Capital Tactical Fixed Income Fund S000070470 549300IPDGLDKWKMC309 N 1 0 0 N/A N N Y N N/A N/A N N N/A N/A 0 Rule 32a-4 (17 CFR 270.32a-4) N N N N AC FUNDS LLC 801-119975 000311748 N/A 2020-12-14 ADVISORS CAPITAL MANAGEMENT, LLC 801-62058 000112266 N/A Y MUTUAL SHAREHOLDER SERVICES, LLC 084-05821 549300TSNG2XMCUGTB05 N N N FIS N/A N N US BANK, N.A. 6BYL5QZYBDK8S7L73M02 N N Bank - section 17(f)(1) (15 U.S.C. 80a-17(f)(1)) N MUTUAL SHAREHOLDER SERVICES, LLC 549300TSNG2XMCUGTB05 N N N PREMIER FUND SOLUTIONS, INC. N/A N N N FIDELITY BROKERAGE SERVICES LLC 008-23292 000007784 549300OQFQ4NFIOD5695 6903 6903 0 N 59522009.43 N N N N Advisors Capital US Dividend Fund S000070471 549300CLW5ZIH27QIB83 N 1 0 0 N/A N N Y N N/A N/A 0 Rule 32a-4 (17 CFR 270.32a-4) N N N N AC FUNDS LLC 801-119975 000311748 N/A 2020-12-14 ADVISORS CAPITAL MANAGEMENT, LLC 801-62058 000112266 N/A Y MUTUAL SHAREHOLDER SERVICES, LLC 084-05821 549300TSNG2XMCUGTB05 N N N FIS N/A N N US BANK, N.A. 6BYL5QZYBDK8S7L73M02 N N Bank - section 17(f)(1) (15 U.S.C. 80a-17(f)(1)) N MUTUAL SHAREHOLDER SERVICES, LLC 549300TSNG2XMCUGTB05 N N N PREMIER FUND SOLUTIONS, INC. N/A N N N FIDELITY BROKERAGE SERVICES LLC 008-23292 000007784 549300OQFQ4NFIOD5695 3619 3619 0 N 112378650.1 N N N N Advisors Capital Active All Cap Fund S000077799 549300UKVIPYSK1GM613 Y 1 0 0 N/A N N Y N N/A N/A N N N/A N/A N/A Rule 32a-4 (17 CFR 270.32a-4) N N N N AC FUNDS LLC 801-119975 000311748 N/A 2022-11-09 ADVISORS CAPITAL MANAGEMENT, LLC 801-62058 000112266 N/A Y MUTUAL SHAREHOLDER SERVICES, LLC 084-05821 549300TSNG2XMCUGTB05 N N Y FIS N/A N Y US BANK, N.A. 6BYL5QZYBDK8S7L73M02 N N Bank - section 17(f)(1) (15 U.S.C. 80a-17(f)(1)) Y MUTUAL SHAREHOLDER SERVICES, LLC 549300TSNG2XMCUGTB05 N N Y PREMIER FUND SOLUTIONS, INC. N/A N N Y FIDELITY BROKERAGE SERVICES LLC 008-23292 000007784 549300OQFQ4NFIOD5695 1087 1087 0 N 14214234.38 N N N N false false true false false false INTERNAL CONTROL RPT 2 acicltr.htm

REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

 

To the Shareholders of Advisors Capital Funds and

Board of Trustees of Neiman Funds

 

In planning and performing our audit of the financial statements of Advisors Capital US Dividend Fund, Advisors Capital Small/Mid Cap Fund, Advisors Capital Tactical Fixed Income Fund and Advisors Capital Active All Cap Fund (the “Funds”), each a series of Neiman Funds, as of and for the year or period ended September 30, 2023, in accordance with the standards of the Public Company Accounting Oversight Board (United States) (PCAOB), we considered the Funds’ internal control over financial reporting, including controls over safeguarding securities, as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements and to comply with the requirements of Form N-CEN, but not for the purpose of expressing an opinion on the effectiveness of the Funds’ internal control over financial reporting. Accordingly, we express no such opinion.

 

The management of the Funds is responsible for establishing and maintaining effective internal control over financial reporting. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of controls. A fund’s internal control over financial reporting is a process designed 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 (GAAP). A fund’s internal control over financial reporting includes those policies and procedures that (1) pertain to the maintenance of records that, in reasonable detail, accurately and fairly reflect the transactions and dispositions of the assets of the fund; (2) provide reasonable assurance that transactions are recorded as necessary to permit preparation of financial statements in accordance with GAAP, and that receipts and expenditures of the fund are being made only in accordance with authorizations of management and trustees of the fund; and (3) provide reasonable assurance regarding prevention or timely detection of unauthorized acquisition, use or disposition of a fund’s assets that could have a material effect on the financial statements.

 

Because of its inherent limitations, internal control over financial reporting may not prevent or detect misstatements. Also, projections of any evaluation of effectiveness to future periods are subject to the risk that controls may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate.

 

A deficiency in internal control over financial reporting exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A material weakness is a deficiency, or combination of deficiencies, in internal control over financial reporting, such that there is a reasonable possibility that a material misstatement of the Funds’ annual or interim financial statements will not be prevented or detected on a timely basis.

 

Our consideration of the Funds’ internal control over financial reporting was for the limited purpose described in the first paragraph and would not necessarily disclose all deficiencies in internal control that might be material weaknesses under standards established by the PCAOB. However, we noted no deficiencies in the Funds’ internal control over financial reporting and its operation, including controls over safeguarding securities, that we consider to be a material weakness as defined above as of September 30, 2023.

 

This report is intended solely for the information and use of management and the Board of Trustees of the Funds and the Securities and Exchange Commission and is not intended to be and should not be used by anyone other than the specific parties.

 

/s/ Cohen & Company, Ltd.

COHEN & COMPANY, LTD.

Milwaukee, Wisconsin

November 22, 2023