SEC Modernizes Broker-Dealer Electronic Recordkeeping Rules

At the start of this year, long-awaited amendments to the electronic recordkeeping requirements for broker-dealers took effect. With a compliance date of May 3, 2023, the amendments will, among other things, allow for electronic records to be retained using audit-trail methodology as an alternative to the previously required “non-rewriteable, non-erasable format.” This article synthesizes the critical elements of the amended rules, with commentary from W. Hardy Callcott, a partner at Sidley Austin LLP. See our three-part series on electronic communications: “Current Technological Landscape and Relevant Regulatory Measures” (Aug. 18, 2021); “Useful Training Techniques and Policies and Procedures to Adopt” (Sep. 8, 2021); and “Using Third Parties for Compliance, Mitigating Social Media Risks and Fulfilling Document Requests” (Sep. 15, 2021).

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