July 28, 2009
Ladies and Gentlemen,
We plead with you to reconsider this change to the "Custody Rule." Subjecting our firm to audits while our clients' accounts are actually with TD Ameritrade as the custodian is simply overkill. Doing so simply because we have the opportunity to deduct management fees should not deem us to be custodians of the accounts.
We have no ability to withdraw, use, or move our clients funds except to their own address of record. Yet, simply because we have the ability to deduct management fees that we already send fee statements on along with monthly statements with the fee shown....we are deemed to have custody of our clients accounts????
This rule change brings administrative costs and procedures that are clearly unnecessary and overkill. Such costs and procedures would include surprise audits by an independent accountant. There clearly would be nothing to audit.
While protecting the investing public is critical and crucial to maintaining the public's trust, this provides little to no benefit to the investing public compared to the burdens placed upon the RIA.
Please reconsider this proposal,
Capital Investment Management, Inc.