The Securities and Exchange Commission (SEC) has proposed a new rule that would require registered investment advisers to adopt and implement written business continuity and transition plans. The goal of this rule is to minimize client and investor harm should there be a significant disruption in the adviser’s operations.
Based on the proposed rule adviser’s plans should be based upon the particular risks associated with their operations. These plans should also include policies and procedures addressing the following specific components: maintenance of systems and protection of data; pre-arranged alternative physical locations; communication plans, review of third-party service providers; and plan of transition in the event the adviser is stepping down or unable to continue providing advisory services.
Under the proposal, adviser would be required to review the adequacy of their plan at least annually and retain related records.
The proposal will be published on the SEC’s website and in the Federal Register. The comment period will be 60 days after publication in the Federal Register.
If the rule becomes effective, the staff at Red Oak can assist you with the creation of these and other important documents.