SEC Proposed Rule on Continuity Planning by Registered Investment Advisers

On June 28, 2016, the Securities and Exchange Commission (the SEC) proposed Rule 206(4)-4 under the Investment Advisers Act of 1940 that would require each SEC-registered investment adviser to adopt, implement and annually review a written business continuity and transition plan to address risks related to potential significant disruptions in, or termination of, the adviser’s business. The SEC noted in its release that as part of their fiduciary duty, advisers are obligated to take steps to protect client interests from being placed at risk as a result of the adviser’s inability to provide advisory services. The proposed rule illustrates the SEC’s continued focus on cybersecurity and systems issues following its adoption in 2014 of Regulation SCI, which requires stock and options exchanges, clearing agencies, other securities market participants and certain self-regulatory organizations to establish written policies and procedures reasonably designed to ensure that their systems have levels of capacity, integrity, resiliency, availability, and security adequate to maintain their operational capability and promote the maintenance of fair and orderly markets.