SEC modernizes recordkeeping rules

In a bid to modernize brokers’ recordkeeping requirements, the U.S. Securities and Exchange Commission (SEC) is adopting a series of amendments to its rules that aims to give firms more flexibility.

The commission voted to adopt revisions to the rules regarding electronic records that are intended to make recordkeeping easier for firms, while also facilitating compliance exams and making them more efficient.

Among other things, the new rules will allow for electronic records to be recreated if the original is altered or erased.

In a notice, the SEC said the new provision is intended to give broker-dealers “greater flexibility in configuring their electronic recordkeeping systems,” while also protecting the integrity of original records.

The changes also address the use of third-party services, including cloud-based services, to hold records, and the regulator’s rules requiring the prompt production of requested records.

“The amendments are designed to modernize recordkeeping requirements given technological changes over the last two decades and to make the rule adaptable to new technologies in electronic recordkeeping,” the SEC said.

In a statement, SEC chair Gary Gensler said the amendments will bring the regulator’s requirements in line with technological innovation.

“Since the 1930s, recordkeeping obligations have been vital to maintain market integrity and the SEC’s work as the cop on the beat,” Gensler said. “Today’s rule amendments will facilitate the SEC’s ability to examine and inspect records consistent with modern technology. This will enhance the commission’s ability to preserve market integrity and protect investors.”

The new requirements become effective 60 days after publication in the Federal Register. Brokers will have six months to comply, and swaps dealers will have 12 months.

James Langton

James is a senior reporter for Advisor.ca and its sister publication, Investment Executive. He has been reporting on regulation, securities law, industry news and more since 1994.