SEA Rule 17a-4(f)(3)(vii): Third Party Providers

SEA Rule 17a-4(f)(3)(vii) outlines that those members, brokers, or dealers who exclusively use electronic storage media for all, or part, of its records retention must have at least one third party file with the designated examining authority for the member, broker, or dealer’s undertakings with respect to those records.

The undertakings this third party provider must file in relation to, include:
(1) To furnish the SEC, its designees or representatives, any State security regulator, or any self-regulatory organization with, upon reasonable request, information deemed necessary by those entities in any medium acceptable under Rule 17a-4;
(2) Take reasonable steps to provide access to information contained on its electronic storage media in a format acceptable to the staff of the requesting entity; and
(3) If the third party provider does not provide the requested information in the proper format, upon being provided with the appropriate electronic storage medium it will execute the entity’s request.

Link to Regulation: https://www.ecfr.gov/cgi-bin/text-idx?SID=b9d8fd689ca78afcadb0bd30012f826d&mc=true&node=pt17.4.240&rgn=div5#se17.4.240_117a_64

Smarsh, Inc. assumes no liability for the accuracy or completeness of this information. Please consult with an attorney for specific information on specific rules and regulations and how they apply to your business.

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