Page 38 - 期货和衍生品行业监管动态（2022年10月）

期货和衍生品行业监管动态

technological changes over the last two decades and to make the rule adaptable to new
technologies in electronic recordkeeping. The amendments will also facilitate

examinations of broker-dealers, SBSDs, and MSBSPs.

“I am pleased to support these rule amendments because they will bring the

Commission ’ s electronic recordkeeping requirements for intermediaries such as

broker-dealers and security-based swap dealers in line with technological innovation,”

said SEC Chair Gary Gensler. “Since the 1930s, recordkeeping obligations have been

vital to maintain market integrity and the SEC’s work as the cop on the beat. Today’

s rule amendments will facilitate the SEC’s ability to examine and inspect records

consistent with modern technology. This will enhance the Commission’s ability to

preserve market integrity and protect investors.”

The SEC’s broker-dealer electronic recordkeeping rule currently requires firms
to preserve electronic records exclusively in a non-rewriteable, non-erasable format,

known as the write once, read many format. The amendments add an audit-trail

alternative under which electronic records can be preserved in a manner that permits

the recreation of an original record if it is altered, over-written, or erased. The

audit-trail alternative is designed to provide broker-dealers with greater flexibility in

configuring their electronic recordkeeping systems so they more closely align with

current electronic recordkeeping practices while also protecting the authenticity and

reliability of original records. The amendments apply the same requirements to

nonbank SBSDs and MSBSPs.

Among other things, to facilitate examinations and make them more efficient, the

amendments also require broker-dealers and all types of SBSDs and MSBSPs to

produce electronic records to securities regulators in a reasonably usable electronic

format.

The adopting release will be published on SEC.gov and in the Federal Register.

The final amendments will become effective 60 days after publication in the Federal

Register. The compliance dates for the new requirements will be six months after

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