Subject: S7-04-23: Webform Comments from Buford S.
From: Buford S.
Affiliation:

Oct. 29, 2023

Dear SEC Commissioner,

As a concerned investment advisory firm owner, I write to express my
deepest reservations regarding several recent major rule proposals
published by the Securities and Exchange Commission (SEC). These
proposals, covering topics such as predictive data analytics, custody,
cybersecurity, and outsourcing, present numerous obstacles and burdens
that threaten to negatively affect our operations, infrastructure,
relationships with service providers, and clients.

Firstly, the proposed regulation relating to predictive data analytics
presents grave cause for alarm. Instead of enhancing existing
fiduciary responsibilities, this regulation would introduce a novel
regulatory regime that replaces the current framework, encompasses
almost every type of technology used within our organization, affects
our communication with clients, and imposes considerable operational
and compliance difficulties. Essentially, the implementation of this
regulation would lead to unnecessary administrative burdens that fail
to provide commensurate benefits.

Secondly, the suggested extension of the safeguards/custody regulation
raises further questions about its feasibility and effectiveness. This
far-reaching regulation proposes profound changes, including
prescribed criteria and requirements that may prove challenging to
meet practically. Our experience demonstrates that implementing this
proposal may result in unintended consequences, causing undue
hardships for both investors and advisors alike.

Considering the multitude of proposed regulatory measures recently
brought forward by the SEC, we implore you to adopt a slower pace of
deliberation, analyze the ramifications holistically, and conduct a
thorough examination of cumulative expenses, burdens, and economic
effects. It is crucial that the SEC considers the impact of its
policies on smaller organizations such as ours because they form the
bedrock of the investment advisory sector. In view of this, we endorse
the Investment Adviser Association's request for modification of
the definition of "small adviser" since it would enable the
SEC to assess the genuine economic effect of its rules much more
accurately and explore milder options.