July 20, 2009
I am writing with regards to the Security and Exchange Commissions proposed changes to the custody rule release number IA-2876.
As an employee of a Registered Investment Advisory and a member of the Financial Planning Association, I am very concerned about the surprise audit portion of the rule. In my opinion this bill will put additional pressure on an already stressed RIA community. Most of our community is made up of small offices. These firms have watched their revenues plummet, in many cases in excess of 25%. To place additional financial and time burdensome requirements will cause numerous reputable RIAs to close their businesses, at a time when their clients need them most.
My understanding is that the Madoff case and other Ponzi schemes resulted from a lack of aggressive enforcement of current rules by the SEC and FINRA. In order to enhance consumer safety I would support appropriating additional resource to the SEC to hire and train additional examination staff and increase the regular audit cycle of investment advisors.
Thank you for your consideration.
Mark McClanahan, CFP® | Director
ROBERTSON, GRIEGE & THOELE | Financial Advisors