Subject: File No. S7-09-09
From: Harold Evensky
Affiliation: Evensky & Katz

June 30, 2009

Dear Sirs:

I have been a practicing financial planner for over 30 years and I strongly support any and all appropriate efforts to protect investors including the changes envisioned by Release IA-2876 for those RIAs maintaining custody. However, defining RIAs who only have authority to bill a client’s account for quarterly fees as “having custody” is not only silly, it will add unnecessary costs for investors without adding any additional consumer protection.