What Is SEC 17a-4?

Established as part of the Securities Exchange Act of 1934, SEC 17a-4 defines a set of records preservation and retention requirements for registered broker-dealers. SEC 17a-4 itself became part of the law in 1997, and in recent years, enforcement of this rule—along with the consequences for violating it—have increased significantly.

As recently as 2022, the SEC fined 16 Wall Street firms with more than $1.1 billion for widespread recordkeeping failures.

Outlined in this 14-page PDF released by the SEC, the implications of 17a-4 can mean a lot for your business and its bottom line. Read below to see how you can step up to the challenges presented by each section of 17a-4, saving your organization time, money and staff resources:

Retention Periods – Rule 17a-4 (a), (b), (c), (d)

This section of the rule outlines records retention requirements for today’s broker-dealers. It requires that firms retain most of their records for 3-6 years, whether they’re hard-copy documents or electronically stored information (ESI) such as emails.
Figure 1: The standard records management lifecycle for most broker-dealer record.

To meet these requirements, most organizations need a way to classify and track records throughout their lifecycle, from the date they’re created, through their time in use, their retention period and eventually final disposition or archival. They’ll also need a solution that is able to put all these documents in the right place.

This is where document and records management tools come in. A document management system can help you gain control over all the different types of information you need to keep track of and even capture your paper documents for storage in a digital format. Many records management solutions offer the ability to monitor record lifecycles and notify you when records need to move from one stage to the next. In addition, advanced records management systems allow you to define retention schedules and policies at the folder level, saving records managers from having to store or move records through their lifecycles one at a time.

Audit Trail OR Write-Once-Read-Many (WORM) – Rule 17a-4(f)(2)(ii)(A)

Audit Trail

SEC recently made its first changes to Rule 17a-4 in 2022. The most significant change is allowing broker-dealers to adopt an electronic recordkeeping system that meets either the audit trail requirement OR the WORM requirement. It should provide a complete time-stamped audit trail to preserve electronic records in a manner that permits the recreation of an original record if it is altered, overwritten or erased; defined terms extracted from the final rule include:
  1. All modifications to and deletions of a record or any part thereof
  2. The date and time of actions that create, modify or delete the record
  3. If applicable, the identity of the individual(s) who created, modified or deleted the record
  4. Any other information needed to maintain an audit trail of each distinct record to ensure the authenticity and reliability of the record will permit the re-creation of the original record and interim iterations of the record

The audit trail requirement particularly applies to final records required pursuant to the rules, in lieu of drafts or iterations of records that would not otherwise be required to be maintained and preserved under Rule 17a-3 and 17a-4 or Rules 18a-5 and 18a-6. Moreover, the electronic recordkeeping system used by the firms must automatically verify the completeness and accuracy of its processes for storing and retaining records electronically.

WORM-compliant

WORM-format has been a long-time exclusive requirement for broker-dealers to preserve record in a non-rewritable, non-erasable format. This means that once a firm finish using a record and is ready to put it into retention, they must retain the record in a format where it cannot be changed, moved or deleted.

The best part of using records management software to assist with this is that you can support record content integrity even before the record enters retention. Even when actively working with files, a good records management solution can set up read-only restrictions for particular records, which can assist in preventing their modification, relocation, and deletion. Read this blog post to learn more how to create a WORM environment with cloud and SaaS solutions to support compliance.

Quality and Accuracy of Recording Process – Rule 17a-4(f)(2)(ii)(B)

In addition to the setting standards for records themselves, SEC Rule 17a-4 also requires that broker-dealers “verify automatically the quality and accuracy of the records process.” This means that you must preserve data integrity and quality for examination by auditors. The right records management solution would have the tools necessary to keep logs of these processes and catch input or output errors. To preserve business continuity—in case of disaster recovery or otherwise—some solutions even automate the process of data replication and creating backups. Most importantly, the best solutions detect file corruption, degradation of records and file tampering, which gives you peace of mind that you’re presenting auditors with up-to-date, valid and accessible information.

Serialized Original and Duplicates – Rule 17a-4(f)(2)(ii)(C)

SEC 17a-4 further requests that broker-dealers serialize their electronic recordkeeping system and time-date this media for its required retention period. This makes it easy for auditors to identify records and establish a timeline for each record as it goes through its lifecycle.

To assist broker-dealers in fulfilling this request, the right records management solution can make records easy to identify and place chronologically. Many of them assign unique numeric entry IDs to each record, and then store the record’s entry date and last modified date in the system. Some records management solutions even allow you to locate records by their assigned entry ID, their creation date, or any retention policies that may pertain to them. This search-ability makes it easy to generate reports that auditors can review.

Downloading Indexes and Records – Rule 17a-4(f)(2)(ii)(D)

To comply with SEC 17a-4, a firm’s electronic recordkeeping system must “have the capacity to readily download and transfer copies of a record and its audit trail (if applicable) in a human readable format and in a reasonable usable electronic format, as required by the staffs of the Commission and other relevant securities regulators” under Rule 17a-4(f). This means that the records management solution you choose needs to make its records downloadable in an accessible format.

A robust records management solution will allow you to download files in a variety of formats, from TIFF to PDF, or in its original, unedited format. Those that are a step above may even permit the download of multiple records in an archive file format such as a ZIP file. These download format options give auditors flexibility in how they view records, which minimizes the risk of having format readability issues that could delay the audit process.

Easily Readable – Rule 17a-4(f)(3)(i)

Further emphasizing the need for auditors to be able to read from your records, 17a-4 states that firms “at all times have available, for examination by the staffs of the Commission and self-regulatory organizations of which it is a member, for immediate production of records preserved by means of the electronic recordkeeping system and for producing copies of those records.” Similar to how 17a-4 (f)(3)(i) establishes format readability, this part of the rule focuses on the need for firms to give auditors the proper mediums to review records.

An accessible records management solution will give auditors choices on how to view your records, whether it’s from a desktop, web-based or mobile application. Others will go a step further and include built-in document viewers and the ability for authorized users to export documents, giving auditors even more options.

Facsimile Enlargement – Rule 17a-4(f)(3)(ii)

This section declares that a broker-dealer must “be ready at all times to immediately address the production of records” that may be requested by the governing authorities. This statement takes the issue of readability in a direct way—it demands that broker dealers not only make files accessible, but also ensure that auditors can physically read the files with ease.

Records management software can offer zoom functionality to assist in meeting these demands, and even support record printing for more scrutinizing review.

Separate Duplicate Copies – Rule 17a-4(f)(3)(iii)

According to amended SEC Rule 17a-4, broker-dealers must use “either a backup recordkeeping system or other redundancy capabilities”.

This requirement requires firms to preserve a second set of records that can be accessed and examined if the primary electronic recordkeeping system storing the primary set of records is disrupted, malfunctions or otherwise becomes inaccessible. Other redundancy capabilities, for example, creating two copies on an optical disk, using a different server or group of servers to store a duplicate set of records. A proper records management solution can assist you in efforts to both preserve business continuity and meet compliance requirements by replicating contents across multiple geographic locations and monitoring data storage for durability.

Organize and Index Original and Duplicate Records – Rule 17a-4(f)(3)(iv)

Under 17a-4, firms are required to “organize and index accurately all information maintained on both original and any duplicate system and maintain information necessary to locate records maintained within the system.” This means that as a broker-dealer, you need to have information searchable and easy to locate.

Most records management software solutions allow you to search records by keywords or an ID number, and index scanned documents using optical character recognition (OCR). The best solutions even allow you to share links to records securely in custom-made reports. These features can give auditors a quick reference of records presented to them, with the added ability to search for records if necessary.

Audit System – Rule 17a-4(f)(3)(v)

This section requests that broker-dealers “must have in place an audit system providing for accountability regarding inputting of records required to be maintained and preserved and must at all times be able to have the results of the audit system available for examination”. Simply put, broker-dealers need an audit trail that keeps track of changes made to records and other activities taking place where records are stored.

Records management software can offer extensive auditing capabilities to track system activity. Some solutions even allow you to view, filter and sort audit information and export it in the form of convenient reports. In addition, the right records management software would attempt to keep track of what has happened to a record, even after it has entered disposition or finished its lifecycle.

Access to Records by Regulators – Rule 17a-4(f)(3)(vi)

According to SEC Rule 17a-4, upon request, a broker-dealer must provide prompt access to records and indexes stored on electronic recordkeeping system. This means that even if you stop using a records management solution for any reason, the SEC may still ask you for the records stored on the associated system.

Still, the best software vendors out there will offer to keep your data after you stop using their services, at least for a short time. This can give you the peace of mind that you’ll be able to present information to auditors when they request it.

A Comprehensive Package

With the right records management solution, you can make meeting the compliance challenges presented by SEC Rule 17a-4 a breeze. However, to achieve the best results, you need to choose the right records management software that fits your needs and the requirements set by auditors.

To learn more about which software features you can use to simplify Rule 17a-4 compliance, watch this webinar conducted by Laserfiche and WealthManagement.com, which contains valuable information and insights on how you can leverage the Laserfiche Records Management solution to support your organization’s needs.

AFP Crecer, El Salvador

My name is Carlos Ramos. I work for AFP Crecer as the digitalization manager.  AFP Crecer is one of El Salvador’s largest fund management firms.  We manage the pension funds for about 1.7 million affiliates. Our mission is to guide our clients as they save for an important life change: retirement. We’re working on growing their savings, so that when they retire, they’ll be able to continue providing for their family and themselves.

From a technological standpoint, the biggest challenges that we faced was having a document management system that would be flexible, that would allow us to have quality control for our stored information, and also streamline the digital capture processes to serve our customers in a more efficient manner through our channels. We evaluated several tools and Laserfiche was the one we liked the best.

Somehow, we discovered that document management goes beyond just digital archiving. We’re giving the opportunity to all of our client representatives to access information in a timely manner. Thanks to Laserfiche, as a tool, we’ve been able to change our processes. We were able to shorten processes that took five days to three days. We reduced processes that took 15 days to just five days.

Using the product has opened up additional improvement opportunities. It is not only about archiving digital documents, but also having the necessary documents throughout our key business processes. In addition, the use of electronic forms allowed us to reduce our use of paper. We were using around 650 packs of paper, which equals about 350,000 sheets of paper per year.

We’ve been working with Laserfiche for about 10 months and the experience has been fabulous. Now we have more visibility and we can do more complex searches and reports. Throughout our journey, we learned that things that we imagined and believed couldn’t be done with a software can be done with Laserfiche.

Time savings, reduction in costs, and an easier capture and digitization process. A client file took close to 100 days from its creation until it was ready for record archiving. Now it only takes two days for the client file to be archived. We get notifications if we made an error or notifications if image capture was successful.

With Laserfiche, and where I see future opportunities, such as analyzing our processes to identify those we can automate, what documents are required for those processes, and not only opportunities to automate them, but also to completely redesign them, and see how we’re doing things now and how we can do them tomorrow.

We must remember that we work and are dedicated to serve our clients’ needs. Financial needs with regards to pensions, and for them it’s very important to get speedy service, and that’s why Laserfiche has been a fundamental part of that.

Kensington Mortgages Automates Core Business Processes to Elevate Customer Experience

Kensington Mortgage Company implemented Laserfiche organization-wide and integrated it with multiple line-of-business applications.

My name is Farid Amin. I am a Solutions Architect at Kensington Mortgages. In my role I design, develop and implement to automate business processes across the operational areas using enterprise-level robotic and business process automation software tools.

Now in our 25th year, Kensington Mortgages is UK’s leading non-bank specialist mortgage provider and We manage over 11 billion pounds in assets. We have over 500 employees throughout the country, predominantly at our head office in Maidenhead.

In 2012, we needed to replace our aging document management system. It was becoming slow and unreliable. The core weakness of the system was that the historical documents were stored in a huge jukebox of some 250 optical discs run by a robotic arm and a subset of DVD drives.

As we grew, we had more documents to manage. We also had changing regulations, which meant we Needed access to those documents very, very quickly while we had customers on the phone. Therefore, we had to replace our system that would cater for our business needs.

Laserfiche fulfilled these requirements and we had foresight that its rich functionality of its various components could be utilized in other use cases and could be expanded across the business in later years. Today, we have over 56 million documents spanning over 7 terabytes of network storage.

We have 300 users that utilize Laserfiche day-in-day-out to serve and manage our accounts. The users’ feedback has been very positive. Laserfiche just runs in the background, unassumingly, and therefore as far as they’re concerned, it’s a system available all the time for them to carry out their work.

In 2016, we expanded the use of Laserfiche to business process automation and it has been a resounding success. Today we have business processes automated not just in servicing, but in finance and sales.

In 2019, we implemented our document online project. This has allowed our customers to view their documents online. We developed, in-house, a microservice using the Laserfiche SDK, which allows those customers to view their documents directly from the repository.

So here’s a system that has a use, but has got a whole lot of other tools that could benefit any organization. So Laserfiche has been in production for over 7 years and has provided service to us with stability and integrity.

Standard Bank Group

The South Africa bank’s fleet management division nearly eliminated manual tasks, more efficiently utilizing existing resources and exponentially growing its business.

My name is Justin Thomas. I work for Standard Bank Group it’s bank in Africa. I head up strategic alliances for Standard Bank fleet management as well as product development. Our bank is 150 years old so it’s got legacy platforms, legacy systems, it comes with a history that the journey we went on was essentially to look for systems that could support our growth and being able to support our customers in a manner that they expect.

Essentially what we did with Laserfiche was digitize the start to the end process. So, on receipt of a quotation all the way to sourcing a vehicle, providing a customer a quotation, to then disbursing the vehicle to the client. That entire process was Laserfiche essentially. We made sure that the whole distribution of work became a lot more structured. It was a lot more planned in terms of staff workforce capability and we saw immediate benefit in that particular spec, so we were losing mails and customers were complaining and that was no longer the case. Every mail was captured, every email was tracked, we could determine when it came in and when it was executed which gave us a lot of comfort in terms of the service we are offering to our customer.

Our business is also growing exponentially and one of the factors we’ve always been concerned about is the more we put scale on the more we have to resource accordingly. What the Laserfiche implementation has done is it has given us comfort that we can comfortably put more business on without having to increase resourcing commensurately. We are able to now use our existing resourcing in a much more efficient manner.

The advice I would give to a future Laserfiche users would be to have a purpose in mind in terms of what they want to achieve. Make sure you get the right people involved in your projects get people that that are open to a different approach and let them guide the process.

One of the things we realized is that the closer we could bring the Laserfiche guys to our particular business decision makers, the easier the sell, the easier the value was seen and then make sure that everybody has the vision, where this business is going to or where your business is going to.

I think the journey we are on with Laserfiche is something that is really going to transform our business.  It’s one element of what we’re busy with but it’s a big element. We are appreciative of that.

Intertrust Enhances Digital Collaboration and Document Management

Thanks to Laserfiche, global trust company Intertrust provides easy and secure access to documents for clients and has saved on real-estate costs by digitizing documents, even with a growing workforce.

My name is David Humphrey. I work for Intertrust Group. My main responsibilities are looking after Laserfiche globally. Intertrust is a trust company. They’re global, they supply accountings or legal or depending on what the company is looking for, it may be payroll.

We were so full of paper, it was just paper everywhere and they wanted a solution that basically would allow us to scan everything and have it stored in one place. Intertrust was introduced to Laserfiche way back in 2007 in Guernsey and then we started to look for one globally, they looked at a few but then decided to go with Laserfiche and that started in 2010.

Intertrust picked Laserfiche because they were looking for something reliable and they were also looking for something it was a forefront of the market at the time. We started a pilot in the Netherlands for a small team, it was 25 people. We rolled out Laserfiche to them and then it went global after that. And they’re using it to scan documents, to retrieve documents, to make sure everything is there for the accountants so they can do the annual accounts. But it’s basically every kind of document you can think of emails, any loan agreements, any kind of documents in relation to like chartered accounts or anything like that. They’re all stored in those repositories and we even have support teams in Laserfiche as well. So, we have finance, we have H.R., we have compliance, all stored in Laserfiche.

We do have some savings that we’ve definitely made. I can give you one example; Real estate in Hong Kong is really expensive and we had an entire floor that was used for our business in Hong Kong. But then we launched Laserfiche and they did a job of back scanning all the documents into Laserfiche. And when I first went to the Hong Kong office as well it Was like many little caves of people surrounded by paper. I went back two years later to do an upgrade of Laserfiche for them and it was gone, all the paper was gone. Everything was inside Laserfiche and half of the floor had been sold back to another company but yet there was more people working for Intertrust in Hong Kong than before. So, it just shows you how much was saved due to that.

I think the searches are great. I think you can find anything at any point at anytime, I certainly can. The second one is the forums. I think Laserfiche forums is a really good way now of being able to actually get documents, whatever was in excel sheets before can now be put into a form and they don’t have to sign it. You don’t have to trek round looking for people to sign the documents or sign the forms, they can do it automatically. We’ve actually just started to put a client portal together. That’s going to be for all our clients and Laserfiche is going to be the forefront of that. So, all the documents are going to be stored into Laserfiche then pushed out into this client portal. So, then all our clients, doesn’t matter what jurisdiction they’re in, be it Luxembourg or Amsterdam we’ll be able to log into one place and find all their documents.

Laserfiche is an enterprise content management system not just a DMS, I think that’s what people need to recognize. The fact that we as a company, Intertrust, is pushing forward to make everything digital and I think with Laserfiche we are going to achieve that.

Jabal Omar Development Co.

By automating its processes and implementing e-forms, the real estate developer has simplified project documentation and approvals, saving both time and money.

MauBank Ltd

One of Mauritus’s leading banks enhanced the customer experience by transforming the account opening process using Laserfiche Forms and an automated workflow.

Mitsui Sumitomo Insurance Group’s Digital Transformation

Laserfiche’s digital transformation model helps Mitsui Sumitomo Insurance Group go above and beyond by digitizing and streamlining the claims process so customers have the confidence to do more.

Mitsui Sumitomo Insurance Group Case Study

Mitsui Sumitomo Insurance Group uses Laserfiche Forms to make the customer experience as seamless as possible.

D.L. Evans Automates Compliance and Records Management

SITUATION

• Needed an electronic document repository to store scanned documents
• Paper-driven operations were becoming overly expensive and time-intensive to manage

RESULTS

• Estimated $1 million in annual savings
• Enhanced employee experience
• Foundation for an optimized omnichannel experience for customers

D.L. Evans Bank is a century-old organization with over $3.2 billion in assets and dozens of branches across Idaho and Utah. As a true community bank, D.L. Evans offers a variety of personal, business and investment services while maintaining a simple mission: Help people.

To remain responsive to customer needs while addressing the banking industry’s ever-changing compliance requirements, D.L. Evans has built a strong digital ecosystem that includes Laserfiche as a key component. Laserfiche acts as the bank’s information backbone and main processing system, integrating with its core applications to support growth and scale. 

“We’re a $3.5 billion-in-assets institution today, up from $175 million around 25 years ago — a big part of that has been possible because of Laserfiche,” said Gerardo Munoz, D.L. Evans CIO.

“Over time, our use of Laserfiche evolved from document management to a business-critical system,” said Munoz. “Every process can be refined and automated, and Laserfiche was able to help with that.”

As a part of this evolution, the bank leverages Laserfiche’s integration tools to connect Laserfiche to other core systems including its eSignature application, core banking software, CRM and loan origination program. Munoz and his team even use Laserfiche Connector as an integration tool to bridge applications for operations that do not use Laserfiche at all.

“Our Laserfiche repository has over 80 million documents in it, so it’s as critical to us as our core banking system,” Munoz said. “Laserfiche is the second-most critical application that we use in our institution.”

Beyond the time and cost efficiency gains, D.L. Evans counts Laserfiche as a trusted system due to its robust records management capabilities. As a financial institution, the can’t afford to make mistakes with its record management procedures, which are heavily regulated by FDIC rules.

Laserfiche has helped minimize FDIC violations by standardizing how records are kept and updated; for example, retention rules notify compliance officers when a policy document needs to be updated and versioning enables policy reviewers to know if they are working with the most up to date copy of a document.

Auditing has also been streamlined. Whenever the FDIC requests a records audit, D.L. Evans’ team is able to promptly retrieve and present the electronic documents and files in question. “Laserfiche has brought audit time down from four weeks to two,” explains Munoz. “This is actually a bigger improvement than it sounds because as we’ve grown, we now have twice as many loans to audit.”

Transforming the Employee Experience

In addition to making information easier to access, Laserfiche has enhanced the employee experience by standardizing and automating review and approval. Furthermore, integrations eliminate much of the manual data entry and application switching that waste employee time and cognitive energy.

“Just about every process needs some level of automation. The fact that automation can standardize procedures and processes is a major reason to do it. Using Laserfiche to do that has helped us save time and money, as well as prevent a lot of mistakes.” — Gerardo Munoz, D.L. Evans CIO

The bank recently reimagined the loan process, starting with vehicular loans, using Laserfiche. The integration between Laserfiche and Meridian — the bank’s loan origination program — allows many of the previously manual tasks associated with loans to be entirely managed through a Laserfiche form and automated business process. 

A Laserfiche form reads information directly from the loan application program and creates the loan packet, routes it through approvals and files everything in a centralized location.

This process also leverages a Laserfiche-DocuSign integration, enabling customers to submit signed documents that are automatically filed in the correct folder in Laserfiche, eliminating that task for loan officers.

“Rather than hire more loan processors, we are trying to automate the process so we can be more proactive,” Munoz said. “It also gives our loan officers better visibility and trackability into all activities.”

Similar automations are used to create new accounts, where information gathering and routing is managed by Laserfiche. As a result, bank employees can spend more time on the activities that require a human touch, such as customer service.

Another process that sounds deceptively quick and easy, but in reality can require multiple manual steps, is that of replacing a lost or stolen credit card. To accelerate these activities, the bank built a solution on an integration between Laserfiche and its CRM, 360 View. This enables representatives to easily create a service ticket in the CRM to start the replacement process for a customer. When a customer reports a lost or stolen credit card, a representative uses Laserfiche to automatically populate the service ticket with the customer’s information and then route the ticket to the appropriate reviewers and approvers. The improvement has reduced processing time by 66% — from six weeks to two weeks.

Laserfiche has also played an important role in mergers, as the bank is able to easily bring documents and data into their systems from acquired organizations. In one merger, Munoz explained, the bank avoided a $50,000 cost and monthslong wait to have a professional services firm convert and import documents.

“It took me two hours to write a workflow and the documents were converted in a week,” he said.

A True Community Bank

While most of the bank’s Laserfiche initiatives are considered back-office solutions, D.L. Evans customers directly benefit from the increased efficiency. “Laserfiche helps us be more productive and provide faster responses to our customers,” Munoz said.

The customer experience continues to be a guiding light for the D.L. Evans team, which was all-hands-on-deck during the COVID-19 pandemic. The bank’s Paycheck Protection Program (PPP) loan process was developed over a weekend, and staff — including the entire executive team — were trained on how to process PPP loans in a matter of hours.

“We even had our CEO processing PPP loans,” Munoz said. “Everything worked seamlessly and was processed through the proper channels. Afterward, all the documentation was there, and customers were satisfied.”

Thanks to the IT team’s quick response with Laserfiche and the entire staff’s commitment, D.L. Evans was the largest PPP provider in the state of Idaho.

Today, the bank provides other forms of community service, including its scholarship program. Students can submit a Laserfiche form for D.L. Evans’s Education Pays program — a drawing which rewards high-performing students with laptops — or its Scholarship Program, which awards thousands of dollars each year to high school seniors to attend any accredited college, university or trade school in the U.S.

Looking to the future, D.L. Evans is committed to creating a more cohesive, omnichannel experience for its customers. Laserfiche initiatives on the horizon include creating a self-service customer portal of Laserfiche Forms, enabling quicker and easier, 24/7 access to various services.

“All things considered, Laserfiche saves us about $1 million every year since we’ve implemented it,” says Munoz. “Laserfiche has never been one of those products that just sits on the shelf and doesn’t get used.”

Click here to learn how your financial firm can automate records management and compliance.