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Articles
    Summary of a Registered Investment Advisor's Retention Requirements

    Summary of a Registered Broker-Dealer's Retention Requirements


Index of Legal Requirements
Law, Rule, Regulation Citations Applies to
Books and Records Requirements for Brokers and Dealers Under the Securities Exchange Act of 1934 SEC Rules 17a-3 and 17a-4 Broker-Dealers
Federal Rules of Civil Procedure FRCP 26(a) has been amended to clarify that parties are obliged early in litigation to divulge the existence of and describe relevant electronic records.
FRCP 16(b) requires parties to hold a conference early in the trial process that includes discussion of e-records and planning for discovery of e-records.
FRCP 26(b)(2) relevant, readily accessible e-records are discoverable, whereas, non-readily accessible records are presumed not to be discoverable, however, to overcome the presumption the opposing party might easily show evidence that the records are relevant or that they are accessible without undue expense.
Any party to litigation under Federal Rules
Gramm-Leach-Bliley Act   Investment Advisers
Broker-Dealers
Mutual Funds
Banks

Other "financial institutions"
Sarbanes-Oxley Act   Publicly-traded Companies
FINRA Rules Rule 2210: Communications with the Public
Rule 3010: Supervision of Sales Activities
Notice to Members 03-33: Supervisory Obligations and Recordkeeping Requirements for Instant Messaging
Broker-Dealers

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