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GAO-10-363R 1 (2010-01-26)

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TM    WAccountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          B-319206


          January 26, 2010

          The Honorable Christopher J. Dodd
          Chairman
          The Honorable Richard C. Shelby
          Ranking Minority Member
          Committee on Banking, Housing, and Urban Affairs
          United States Senate

          The Honorable Barney Frank
          Chairman
          The Honorable Spencer Bachus
          Ranking Minority Member
          Committee on Financial Services
          House of Representatives

          Subject: Securities and Exchange Commission: Custody of Funds or Securities of
                  Clients by Investment Advisers

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Securities and Exchange Commission (Commission),
          entitled Custody of Funds or Securities of Clients by Investment Advisers (RIN:
          3235-AK32). We received the rule on January 4, 2010. It was published in the
          Federal Registeras a final rule on January 11, 2010. 75 Fed. Reg. 1,456.

          The final rule amends the custody and recordkeeping rules under the Investment
          Advisers Act of 1940 and related forms by providing additional safeguards when a
          registered adviser has custody of client funds or securities. The rule requires such
          an adviser, among other things, to undergo an annual surprise examination by an
          independent public accountant to verify client assets; to have the qualified custodian
          maintaining client funds and securities send account statements directly to the
          advisory clients; and unless client assets are maintained by an independent
          custodian (i.e., a custodian that is not the adviser itself or a related person), to
          obtain, or receive from a related person, a report of the internal controls relating to
          the custody of those assets from an independent public accountant that is registered
          with and subject to regular inspection by the Public Company Accounting Oversight
          Board. The Commission states that the amended custody rule and forms will
          provide the Commission and the public with better information about the custodial
          practices of registered investment advisers. The Commission also believes that this


GAO-10-363R

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