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Learn more about our extremely capable and professional broker/dealer, H. Beck, Inc., and their policies by visiting www.cfginc.com. |
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BUSINESS CONTINUITY PLAN
I. Emergency Contact Persons
Our firm’s two emergency contact persons are: Richard P.
Conway, (562) 493-8881, rickc@divsecs.com and Joseph W. Stok,
(562) 493-8881, jstok@divsecs.com both of whom are
Registered Principals of the firm. These names will be
updated in the event of a material change.
II. Firm Policy
Diversified Securities, Inc. (“DSI”) has implemented a
business continuity plan (“BCP”) in the event that a
function deemed critical to DSI’s ongoing business
operations fails. The plan will assist DSI to eliminate and
minimize any business interruptions as a result of an
unexpected disaster. The plan has been tested at various
times. Our firm’s policy is to respond to a Significant
Business Disruption (SBD) by safeguarding employees’ lives
and firm property, making a financial and operational
assessment, quickly recovering and resuming operations,
protecting all of the firm’s books and records, and allowing
our customers to transact business.
A. Significant Business Disruptions (SBDs)
Our plan anticipates two kinds of SBDs, internal and
external. Internal SBDs affect only our firm’s ability to
communicate and do business, such as a fire in our building.
External SBDs prevent the operation of the securities
markets or a number of firms, such as a terrorist attack, a
city flood, or a wide-scale, regional disruption.
B. Approval and Execution Authority
Robert J Conway, CEO & FINOP, a registered principal, is
responsible for approving the plan and for conducting the
required annual review. Robert J. Conway, CEO & FINOP has
the authority to execute this BCP.
C. Plan Location and Access
Our firm will maintain copies of its BCP plan and the annual
reviews, and the changes that have been made to it for
inspection. An electronic copy of our plan is located on our
network server at our corporate headquarters in Long Beach.
III. Business Description
DSI is an introducing broker/dealer which has currently
limited its business to servicing and maintaining limited
partner clients within its DSI Realty Income DPPs.
Consistent with its business continuity plan, DSI maintains
back-up facilities in geographic locations separate from its
primary facilities. Using these back-up facilities, DSI
intends to continue its business in the event of a
significant business disruption. Nevertheless, there are
some disruptions that may render the firm unable to conduct
business. Under such circumstances, DSI will ensure that
clients will be able to access their account information
within a reasonable time via either the internet or
telephone.
IV. Office Locations
A. Office Location #1 Corporate Headquarters & Branch Office
Our Main Office is located at 6700 E. Pacific Coast Hwy,
Suite. #150, Long Beach, CA 90803. Its main telephone number
is (562) 493-8881. Our employees may travel to that office
by means of; foot, car, bus, cab, or boat.
B. Office Location #2 Tustin Office
Our Tustin Office is located at 17822 E. 17th St. #104,
Tustin, CA 92780. Its main telephone number is (714)
547-0000. Our employees may travel to that office by means
of; foot, car, bus, or cab.
C. Office Location #3 West Covina Office
Our West Covina Office is located at 1000 Lakes Dr., Suite
#420, West Covina, CA 91790. Its main telephone number is
(626) 919-3456. Our employees may travel to that office by
means of; foot, car, bus, or cab.
D. Office Location #4 Visalia Office
Our Visalia Office is located at 2906 W. Main St. Visalia,
CA 93278. Its main telephone number is (559) 732-3916. Our
employees may travel to that office by means of; foot, car,
bus, or cab.
V. Alternative Physical Location(s) of Employees
In the event of an SBD, we will move our staff from affected
offices to the closest of our unaffected office locations.
If none of our other office locations is available to
receive those staff, we have the ability to work remotely by
accessing an archived version of the DSI Realty Income Fund
software program from one of our offsite archive locations.
VI. Customers’ Access to Funds and Securities
DSI does not maintain custody of customers’ funds or
securities. In the event of an internal or external SBD, if
telephone service is available, our limited partners will
receive status updates by calling our emergency hotline at
(800) 732-1733. If our Web access is available, our firm
will post emergency notifications on our Web site. In
addition, the firm will make this information available to
customers through its disclosure policy.
SIPC Trustee Appointment
If SIPC determines that we are unable to meet our
obligations to our customers or if our liabilities exceed
our assets in violation of Securities Exchange Act Rule
15c3-1, SIPC may seek to appoint a trustee to disburse our
assets to customers. We will assist SIPC and the trustee by
providing our books and records identifying customer
accounts subject to SIPC regulation.
VII. Data Back-Up and Recovery (Hard Copy and Electronic)
Our firm maintains its primary hard copy and electronic
books and records at our Corporate Headquarters located at
6700 E. Pacific Coast Highway, Suite #150, Long Beach, CA
90803. Our department managers are responsible for the
maintenance of these books and records.
In addition to duplicate records that are maintained at
each of our Branch Locations, our firm maintains its
archived hard copy books and duplicate electronic records at
our offsite storage facility. This facility, Mini-U-Storage
is located at 7611 Talbert Ave., Huntington Beach, CA.
DSI backs up its electronic records daily on several hard
drives that are configured in a RAID array. In addition
duplicate copies of electronic records are stored at the
Mini-U-Storage facility in Huntington Beach.
In the event of an internal or external SBD that causes
the loss of our paper records, we will physically recover
them from our Branch locations. For the loss of our
electronic records, we will physically recover the storage
media from our back-up site.
VIII. Financial and Operational Assessments
A. Operational Risk
In the event of an SBD, we will immediately identify what
means will permit us to communicate with our customers,
employees, critical business constituents, critical banks,
critical counter-parties, and regulators. Although the
effects of an SBD will determine the means of alternative
communication, the communications options we will employ
will include our website at www.divsecs.com, our emergency
telephone number (800) 732-1733, and our emergency email
address: 911@divsecs.com. In addition, we will retrieve our
key activity records as described in Section VII above, Data
Back-Up and Recovery (Hard Copy and Electronic).
B. Financial and Credit Risk
In the event of an SBD, we will determine the value and
liquidity of our investments and other assets to evaluate
our ability to continue to fund our operations and remain in
capital compliance. We will contact critical banks, and
investors to apprise them of our financial status. If we
determine that we may be unable to meet our obligations to
those counter-parties or otherwise continue to fund our
operations, we will request additional financing from our
bank or other credit sources to fulfill our obligations to
our customers and clients. If we cannot remedy a capital
deficiency, we will file appropriate notices with our
regulators and immediately take appropriate steps as
necessary.
IX. Mission Critical Systems
Our firm’s “mission critical systems” are those that ensure
prompt and accurate processing of our proprietary DPP
transactions, including the maintenance of customer
accounts, access to customer accounts, and the delivery of
income distributions and certificates. These tasks are
accomplished by utilizing our proprietary software program
which was developed to perform these functions. This
software system is the means by which we access all of our
DSI Realty accounts.
Recovery-time objectives provide concrete goals to plan
for and test against. They are not, however, hard and fast
deadlines that must be met in every emergency situation, and
various external factors surrounding a disruption, such as
time of day, scope of disruption, and status of critical
infrastructure—particularly telecommunications—can affect
actual recovery times. Recovery refers to the restoration of
clearing and settlement activities after a wide-scale
disruption; resumption refers to the capacity to accept and
process new transactions and payments after a wide-scale
disruption. All DSI operational facilities are equipped for
resumption of business and are tested several times per
year. Our recovery time objective for our critical systems,
including those involving a relocation of personnel or
technology, is four (4) hours. This recovery objective may
be negatively affected by the unavailability of external
resources and circumstances beyond our control.
X. Alternate Communications Between the Firm and
Customers, Employees, and Regulators
A. Customers
Currently, we communicate with our customers using the
telephone, e-mail, our Web site, fax, U.S. mail, and in
person visits at our firm or at the other’s location. In the
event of an SBD, we will assess which means of communication
are still available to us, and use the means closest in
speed and form (written or oral) to the means that we have
used in the past to communicate with the other party. For
example, if we have communicated with a party by e-mail but
the Internet is unavailable, we will call them on the
telephone and follow up where a record is needed with paper
copy in the U.S. mail.
B. Employees
We now communicate with our employees using the
telephone, e-mail, and in person. In the event of an SBD, we
will assess which means of communication are still available
to us, and use the means closest in speed and form (written
or oral) to the means that we have used in the past to
communicate with the other party. We will also employ a call
tree so that senior management can reach all employees
quickly during an SBD. The call tree includes all staff home
and office phone numbers. We have identified persons, noted
below, who live near each other and may reach each other in
person:
The person to invoke use of the call tree is Richard P.
Conway:
Caller Call Recipients
Richard P. Conway Robert J. Conway, Sr., Joseph Conway,
Joseph W. Stok, Louisa Gac
Robert J. Conway Branch Locations
Joseph Conway Branch Locations
Joseph W. Stok Kenneth Caleb, Michael Conway
Louisa Gac Administrative Personnel
Kenneth Caleb Operations Personnel
Michael Conway Sales Personnel
C. Regulators
We are currently members of the following SROs: The FINRA
and SIPC. We communicate with our regulators using the
telephone, e-mail, internet-based systems, fax, U.S. mail,
and in person. In the event of an SBD, we will assess which
means of communication are still available to us, and use
the means closest in speed and form (written or oral) to the
means that we have used in the past to communicate with the
other party.
XI. Critical Business Constituents, Banks, and
Counter-Parties
A. Business constituents
We have contacted our critical business constituents and
have determined the extent to which we can continue our
business relationship with them in light of the internal or
external SBD. We will quickly establish alternative
arrangements if a business constituent can no longer provide
the needed goods or services when we need them because of a
SBD to them or our firm.
B. Banks
We have contacted our bank to determine if they can continue
to provide the operational capacities that we will need in
light of the internal or external SBD. The bank maintaining
our operating account is: Union Bank of California, 400
California Street, 9th Floor, San Francisco, CA 94104 (415)
765-2969. If our bank and other lenders are unable to
provide the financing, we will seek alternative financing
immediately via alternative recommendations from our
existing banks.
C. Counter-Parties
We have contacted our critical counter-parties, such as
other broker-dealers or institutional customers, to
determine if we will be able to carry out our transactions
with them in light of the internal or external SBD. Where
the transactions cannot be completed, we will consult their
Business Continuity procedures in order to make alternative
arrangements to complete those transactions as soon as
possible.
XII. Regulatory Reporting
Our firm is subject to regulation by the SEC and the FINRA.
We now file reports with our regulators using paper copies
in the U.S. mail, and electronically using fax, e-mail, and
the Internet. In the event of an SBD, we will check with the
SEC, FINRA, and other regulators to determine which means of
filing are still available to us, and use the means closest
in speed and form (written or oral) to our previous filing
method. In the event that we cannot contact our regulators,
we will continue to file required reports using the
communication means available to us.
XIII. Disclosure of Business Continuity Plan
We provide in writing a BCP disclosure statement to
customers at account opening. We also post the disclosure
statement on our Web site and mail it to customers upon
request. Our disclosure statement is attached.
XIV. Updates and Annual Review
Our firm will update this plan whenever we have a material
change to our operations, structure, business or location or
to those of our clearing firm. In addition, our firm will
review this BCP annually, on August 1st, to modify it for
any changes in our operations, structure, business, or
locations mentioned herein.
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