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Subject:
From:
Jim Owens <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Sun, 13 May 2012 12:22:45 -0400
Content-Type:
text/plain
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text/plain (42 lines)
Renee,

I was series 4,7,8,63&65 registered for 20+ years and supervised 
brokers  subject of arbitration complaints(never had one myself). 

FINRA rules allow for discovery based on what is at stake. They will not 
allow $50,0000 in discovery costs for a $25,000 arbitration complaint. 
Also there is a 6 year limit for filing based on the date of the action that 
is the basis for the complaint.

Since your boxes are not labeled by year you can ascertain and ask 
legal: Primary complaints are based on suitability (that info surely is the 
new account form which is scanned) and the transaction which has 
been recorded digitally at DTC for decades) 

Perhaps, just going through all the boxes and pulling out printed email 
and written correspondence would do? We always sent customer  
correspondence to be scanned so check and see if compliance 
mandated that? As you know, any letter coming in or going out has all 
kinds of eyes and processes applied to it!

What year the boxes were placed in storage. Over 6 yrs? Has the box 
been accessed in 6 years. Does it contain transaction records older 
than 6 years?

Also a consultation with your E&O insurer can be very helpful.

Some interesting info & stats:
www.finra.org/web/groups/arbitrationmediation/@arbmed/@arbtors/do
cuments/arbmed/p123535.pdf

http://www.finra.org/ArbitrationAndMediation/FINRADisputeResolution/A
dditionalResources/Statistics/

James Owens, CRM,CIP (and Lutheran!)
http://www.linkedin.com/in/jameshowens

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