48 Neb. Admin. Code, ch. 10, § 008 - PRODUCTION OF BOOKS AND RECORDS

The records required to be maintained and preserved pursuant to this Rule shall be immediately produced or reproduced by an investment adviser.

008.01 Such records may be maintained and preserved for the required time by an investment adviser on:

008.01A Paper or hard copy form, as those records are kept in their original form; or

008.01B Micrographic media, including microfilm, microfiche, or any similar medium; or

008.01C Electronic storage media, including any digital storage medium or system that meets the terms of this section.

008.02 The investment adviser must:

008.02A Arrange and index the records in a way that permits easy location, access, and retrieval of any particular record;

008.02B Provide promptly any of the following that the Director, including his or her examiners or other representatives, may request:

008.02B1 A legible, true, and complete copy of the record in the medium and format in which it is stored;

008.02B2 A legible, true, and complete printout of the record; and

008.02B3 Means to access, view, and print the records; and

008.02C Separately store, for the time required for preservation of the original record, a duplicate copy of the record on any medium allowed by this section.

008.03 In the case of records created or maintained on electronic storage media, the investment adviser must establish and maintain procedures:

008.03A To maintain and preserve the records, so as to reasonably safeguard them from loss, alteration, or destruction;

008.03B To limit access to the records to properly authorized personnel and the Director, including his or her examiners and other representatives; and

008.03C To reasonably ensure that any reproduction of a non-electronic original record on electronic storage media is complete, true, and legible when retrieved.

008.04 Any book or other record made, kept, maintained and preserved in compliance with Rules 17a-3 [ 17 C.F.R. 240.17a-3 ] and 17a-4 [ 17 C.F.R. 240.17a-4 ] under the Securities Exchange Act of 1934, which is substantially the same as the book or other record required to be made, kept, maintained and preserved under this Rule, shall be deemed to be made, kept, maintained and preserved in compliance with this Rule.

Notes

48 Neb. Admin. Code, ch. 10, § 008

Amended effective 6/5/2017. Amended effective 11/27/2019 Amended effective 6/13/2022