April 9, 2008
I am writing to express my concerns about the SEC's proposal to amend Regulation S-P (Proposed Amendment).
As a financial advisor working with retail clients, I know how important it is for investors to work with the financial advisor of their choice. When a financial advisor moves from one broker-dealer to another, it is essential that the clients to be immediately notified of this change in affiliation so that accounts can be quickly and efficiently transferred to the new firm.
As a result, I support the Proposed Amendment's goals of promoting account portability and investor choice by allowing financial advisors to retain contact, account and position information after terminating their affiliations with a broker-dealer. I believe that this proposal preserves account portability and investor choice.
The Proposed Amendment suffers from significant shortcomings that will severely limit its effectiveness. My concerns are summarized below:
. The exception offered by the Proposed Amendment should allow departing financial advisors the unfettered right to utilize the client's name, address, telephone number, e-mail information, and a general description of the client's account and products held to facilitate account portability and investor choice without interference from their prior broker-dealer. The Proposed Amendment falls short by making the exception available at the option of the prior broker-dealer firm.
. The Proposed Amendment establishes the date of 'separation from employment' as the deadline for the departing financial advisor to provide the broker-dealer a written record of the information that will be disclosed to the new firm under the new exception. This language must be changed so that it accurately reflects the independent contractor status of financial advisors, like me, who are associated with independent broker-dealer firms.
I believe these changes are essential to achieve the Proposed Amendment's goal of promoting account portability and investor choice. Therefore, I urge the SEC to make these important changes to the Proposed Amendment.
Sincerely,
Mr. T. Robert Talbot
Talbot Wright LLC
9423 W. Caribou Rd
Pocatello ID 83204
Email: roberttalbot@berthelrep.com