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2 The Dos and Don ts of Social Media and Archiving Timothy Welsh, CFP President, Nexus Strategy, LLC. Michael Laks Financial Program Strategist, Laserfiche
3 Agenda Static Content Industry Landscape Social Media Compliance Interactive Content Compliance Technology Solutions Questions? Third Party Content
4 Social Media Use Among Financial Advisors Every year social media becomes more important for financial advisors Social media is here to stay- and it is changing the way businesses are interacting with their customers and clients In today s competitive landscape, taking advantage of new media is critical to continued success Source: Investmentnews Data 2013
5 Social Media Benefits for Advisors Advisors use social media for a variety of reasons including: Networking Marketing Prospecting Research Source: Investmentnews Data 2013
6 What can you do today?!! Create a LinkedIn Profile!! Write a short introduction to you and your firm!! Add a photo!
7 Source: Investmentnews Data 2013
8 Best Practices Develop a Social Infrastructure Integrated into marketing strategy Flexibility to actively use social media Technology framework Compliance
9 Social Media Compliance Overview!! Must comply with:! Antifraud provisions! Compliance provisions! Recordkeeping provisions!! Exact regulations depend on your regulator
10 Types of Social Media Content!! Static!! Interactive!! Third Party
11 Static Content Examples: profile, background information, blog posts Treat like an advertisement FINRA requires principal pre-approval Must archive all content
12 Interactive Content Examples: posts on Twitter or Facebook, comments on blogs Content is determinative May be treated as a public appearance or an advertisement FINRA requires principal supervision Must archive all content
13 Third Party Content Examples: reviews on yelp, endorsements on LinkedIn, the Like button on Facebook Firm is not responsible for 3 rd party content Exceptions: Entanglement theory Adoption theory Testimonial rule
14 Entanglement Theory Examples: content is solicited, reviewed or paid for by the firm Content is attributable to firm Must archive all content Supervision or pre-approval are required If firm involves itself with the preparation of the content, it becomes Entangled
15 Adoption Theory Examples: content is approved before release, content is re-posted by firm Content is attributable to firm Must archive all content Supervision or pre-approval are required If firm explicitly or implicitly endorses or approves content, it becomes Adopted
16 Testimonial Rule New guidance update Explained when 3 rd party reviews do not trigger the testimonial rule SEC does not want advisors to be misleading by: Highlighting good reviews over bad reviews Adding their own reviews or commentary
17 Testimonial Rule Continued Common examples that violate the rule: Facebook Like button LinkedIn Endorsements LinkedIn Recommendations Reviews that you are entangled with Filtered, edited or highlighted reviews
18 Testimonial Rule Continued An advisor may post reviews from independent 3 rd party websites if all reviews are posted in an unedited and unfiltered context and the advisor had no direct or indirect role in authoring the reviews. *Consult the new guidelines for more detailed information
19 Social Media Compliance!! Treat social media like advertising!! Provide a platform for posting!! Archive everything so that it can be found at a moment s notice!! Make everything auditable
20 Compliance What s need to be archived? Content is determinative All communication relating to business as such Regulations refer to communication This includes mail, , instant messages, social media and the communication of the future
21 Social Media and Compliance Social media posts and s are corporate business records Difficult to keep track of because they can be deleted or modified easily Best practice is to store with the rest of your business records ECM
22 What is ECM!! Enterprise Content Management (ECM)!! ECM = Document Management + Workflow!! Securely store all of your content in compliance with regulations while automating critical business processes
23 Industry Drivers: Compliance!! Compliance with SEC and FINRA recordkeeping regulations!! Your documents must:! Be secure! Be unmodifiable and undeletable! Be indexable via metadata! Have an audit history! Other requirements of rules 17a-3 and 17a-4
24 Industry Drivers: Efficiency!! Reduced overhead!! Organized client records!! Streamlined workflow!! Content stored in one place!! Established compliance processes!! Enhanced productivity
25 Industry Drivers: Standardization Maintain central control while allowing local flexibility Standardized naming and folder structure Automated filing Never lose a document again!
26 Social Media Archived in ECM
27 Questions? Timothy Welsh, CFP President, Nexus Strategy, LLC. Michael Laks Financial Program Strategist, Laserfiche
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