Reg ed arkovi social media compliance session two 11 08-2012

2. Dummy text  Have the rules changed?  How are advisors using social media?  What are the most effective strategies for engaging prospects and clients through social media?  Highlights from Arkovi Client Research 2

3. Compliance—Rules Changed? Dummy text The Rules Haven’t Changed—The Mediums Have! 3

4. Compliance Definitions Dummy text What’s New?  Reduces six categories of communications to three FINRA 12-29 (Feb 2013) ‒ Institutional ‒ Retail (advertising resides here) ‒ Client and/or firm correspondence Pre-Approval Tweaks For Exceptions 4  If pre-approved by another firm—no need approve again  Posting to “online, interactive electronic forum”— ambiguous but points to social platforms  Content that offers no financial or investment advice

5. The Compliance Landscape Dummy text • Guidance from FINRA & SEC—2010 through 2012 • Coming Soon—FINRA 12-29 (February 2013) • Best Practice:  Social Media Policy  Archive Content and Engagement  Reporting and Monitoring Tools • Compliance AND listening + intelligence 5

6. Don’t overlook the obvious Dummy text 6 6

7. Social Media Policy Dummy text We work with your compliance department to write and develop your FINRA compliant social media policy. 7 7

8. Social Media Policy Best Practices Dummy text Define and Document Your Policy   Which platforms are acceptable?  Include your own governance and ethics  Approved technology  Signed affirmations  Mitigation  8 Who is authorized? Ongoing management

9. Rules & Regulations Dummy text •FINRA 10-06, 1139, 12-29 •NASD 3010 •NASD 2210 (b) •SEC 17a4 9

10. What Did FINRA Tell Us? Dummy text •Twitter, Facebook and LinkedIn are like traditional written communications •Additionally -Websites = advertisements -Communications to 25+ prospects = sales literature -Password-protected websites = sales literature -Chat room discussions are public appearances 10

11. NASD 3010 & 2210 (b) Dummy text •The obligation to review correspondence -Supervisory role of surveillance -Retention of all material (even non-reviewed) to avoid surprises •Moderation -The ability to moderate & pre-approve per 2210 (b) as needed with audit trail 11

12. SEC 17a4 Dummy text •Records Retention •Indexing and Retrieval •Verification and Time-Stamping 12

14. Defining How Business Uses Social Dummy text 14 14

15. The Gateway to Social Media For All Dummy text  Tablets  Smart Phones 15 15

16. Social Media – Listening and Observing Dummy text  Track topics important to you – Track web and social alerts – Use a single view – Identify clients, peers, influencers & connect  16 Monitor what others say about you – Your brand and products/services – Your company – Your employees and partners

17. How Do We Avoid Pitfalls? Dummy text With a plan…   Plan for the best way to use social media  Plan for integration to all communications strategy  17 Plan for the rules Plan how you can start

18. Getting Started: Defining Your Strategy Dummy text Have a strategy for:  Executive and team support  Match the medium(s) to your firm culture  Resources—listening and compliance  Content plan—editorial calendar  Plan for negatives It is the “wrapper” around your social media policy. 18

19. Social Media Basics Webinar Series Dummy text 19 19

Notes de l'éditeur

A recap of how the existing regulatory rules and guidelines apply to social media. This in conjunction with ongoing guidance from regulators. In addition – how are financial professionals actually using social – not via survey but from social archives of those professionals.Engagement leads to a clear understanding of “if” your strategy is working, helps establish ROI and also informs compliance review.Is there broader research in the industry on social usage that includes investors and advisors? Yes. A reference to the research partnership between Texas Tech University and Arkovi.
New mediums have evolved to compete against the fax, print newsletter, email and even websites. These platforms all host content that falls into the spectrum of advertising, literature, public appearances and client correspondence.
FINRA previously published regulatory opinions via 10-06, 11-39 and most recently 12-29 (taking effect in February 2013). While guidance remains an evolution – some clear practices for compliance exist
A recap of how the existing regulatory rules and guidelines apply to social media. This in conjunction with ongoing guidance from regulators. In addition – how are financial professionals actually using social – not via survey but from social archives of those professionals.Engagement leads to a clear understanding of “if” your strategy is working, helps establish ROI and also informs compliance review.Is there broader research in the industry on social usage that includes investors and advisors? Yes. A reference to the research partnership between Texas Tech University and Arkovi.