SEC Investment Advisers Act of 1940

In 2005 the Securities and Exchange Commission (SEC) imposed new regulations on private investment pools, better known as hedge funds. As a result of a three-to two vote, hedge fund managers with assets in
excess of $25 million must register with the SEC under the Investment Advisors Act of 1940. The ruling also includes provisions for securing, managing and archiving all electronic communication such as corporate email to ensure that customers are protected from fraud or misrepresentation. The retention policies for electronic data that the hedge fund managers must follow are the same as those required under SEC Rule 17 a-4 which governs securities dealers. They include the following:
| Archived messages including email must be stored in duplicate. One copy must be stored in an online archive, and a second copy must be stored offline on permanent, tamperproof media, such as Write-Once-Read-Many (WORM) technology. Storage media must be verified automatically for quality and accuracy. | |
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| All archived emails are required to be date and time-stamped and serialized. In addition, all messages must be assigned a unique, sequential identification number as a safeguard against possible deletion of information. | |
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| Data must be stored with a searchable index to ensure ease of search and retrieval. An index must be maintained on each unit of storage media used for all emails and attachments stored on that unit. | |
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| SEC regulations require that all emails and indexes must be easily retrievable and downloadable to other media. | |
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