Investment Manager under ERISA 3(38)

[k man]

can anyone give me some practical examples and opine on these specific facts as they apply to participant directed 401(k) plans. i am looking at the QDIA regs and wondering if an RIA that is hired as an investment advisor is considered an Investment Manager as required by the regs and as that term is defined in Section 3(38). To be a Inv Mgr you must have the ability to manage or dispose of the assets. in our case we are an RIA. we select and monitor investment options in the plan as well as construct asset allocation models for participants. we accept fiduciary status. we do not accept custody, does this make us an Investment Manager qualified to construct QDIA's.