SEC 2866 (02-21) 

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549 

Supplemental Information for Persons Requested to Supply Information Voluntarily to the

Commission’s Examination Staff

A. Introduction

This document is being provided to you because the Commission’s examination staff has requested that you

voluntarily provide information. For your reference, this document describes the principal purposes that the 

information may be used for, the Commission’s statutory authority for soliciting the information, the effects of not

supplying information or of supplying false information, the routine uses of information provided, and how to request

confidential treatment for the information provided. 

The examination program’s mission is to protect investors, ensure market integrity and support responsible capital

formation through risk-focused strategies that: (1) improve compliance; (2) prevent fraud; (3) monitor risk; and (4)

inform policy. Please visit the following website for more information about the examination program 

http://www.sec.gov/exams. 

B. Principal Uses of Information

The Commission’s principal purposes in soliciting the information are:

1. Asset Verification: To obtain independent confirmations of account balances or positions from various

persons over whom the Commission does not have examination authority, including clients or shareholders;

2. Risk Assessment: To monitor risk and gather information about areas of interest or concern to the

Commission; and

3. Assist with Examinations and Other Inquiries: To gather facts in order to determine whether an entity or

person is complying with applicable federal securities laws and rules, and to determine whether any entity or

person has violated, is violating, or is about to violate any provision of the federal securities laws or rules for

which the Commission has enforcement authority, such as rules of securities exchanges and the rules of

the Municipal Securities Rulemaking Board. Facts developed may, however, constitute violations of other

laws or rules. Information provided may be used in Commission and other agency enforcement

proceedings.

Unless the Commission or its staff explicitly agrees to the contrary in writing, you should not assume that the

Commission or its staff acquiesces in, accedes to, or concurs or agrees with, any position, condition, request, 

reservation of right, understanding, or any other statement that purports, or may be deemed, to be or to reflect a 

limitation upon the Commission’s receipt, use, disposition, transfer, or retention, in accordance with applicable law, of 

information provided.

C. Authority for Solicitation of the Information

One or more of the following provisions authorizes the Commission to solicit the information requested: Section 20 of 

the Securities Act of 1933; Section 21 of the Securities Exchange Act of 1934; Section 321 of the Trust Indenture Act 

of 1939; Section 42 of the Investment Company Act of 1940; Section 209 of the Investment Advisers Act of 1940, and 

17 CFR 202.5. Disclosure of the requested information to the Commission is voluntary on your part.

D. Effect of Not Supplying Information

There are no direct sanctions and thus no direct effects for failure to provide all or any part of the information 

requested to be supplied on a voluntary basis.

E. False Statements and Documents

Section 1001 of Title 18 of the United States Code provides as follows:

whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the 

Government of the United States knowingly and willfully (1) falsifies, conceals, or covers up by any 

trick, scheme, or device a material fact; (2) makes any materially false, fictitious or fraudulent 

statement or representation; or (3) makes or uses any false writing or document knowing the same 
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to contain any materially false, fictitious or fraudulent statement or entry, shall be fined under this 

title, imprisoned not more than five years, ..., or both.

Section 1519 of Title 18 of the United States Code provides as follows: 

Whoever, knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false 

entry in any record, document, or tangible object with the intent to impede, obstruct, or influence 

the investigation or proper administration of any matter within the jurisdiction of any department or 

agency of the United States or any case filed under title 11, or in relation to or contemplation of any 

such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

F. Routine Uses of Information

The Commission often makes its files available to other governmental agencies, particularly United States Attorneys 

and state prosecutors. There is a likelihood that information supplied by you will be made available to such agencies 

where appropriate. Whether or not the Commission makes its files available to other governmental agencies is, in 

general, a confidential matter between the Commission and such other governmental agencies.

Set forth below is a list of the routine uses which may be made of the information furnished.

1. To appropriate agencies, entities, and persons when (a) it is suspected or confirmed that the security or

confidentiality of information in the system of records has been compromised; (b) the SEC has determined that, as a

result of the suspected or confirmed compromise, there is a risk of harm to economic or property interests, identity

theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by

the SEC or another agency or entity) that rely upon the compromised information; and (c) the disclosure made to

such agencies, entities, and persons is reasonably necessary to assist in connection with the SEC’s efforts to

respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.

2. To other federal, state, local, or foreign law enforcement agencies; securities self-regulatory organizations; and

foreign financial regulatory authorities to assist in or coordinate regulatory or law enforcement activities with the SEC.

3. To national securities exchanges and national securities associations that are registered with the SEC; the

Municipal Securities Rulemaking Board; the Securities Investor Protection Corporation; the Public Company

Accounting Oversight Board; the federal banking authorities, including, but not limited to, the Board of Governors of

the Federal Reserve System, the Comptroller of the Currency, and the Federal Deposit Insurance Corporation; state

securities regulatory agencies or organizations; or regulatory authorities of a foreign government in connection with

their regulatory or enforcement responsibilities.

4. By SEC personnel for purposes of investigating possible violations of, or to conduct investigations authorized by,

the federal securities laws.

5. In any proceeding where the federal securities laws are in issue or in which the Commission, or past or present

members of its staff, is a party or otherwise involved in an official capacity.

6. In connection with proceedings by the Commission pursuant to Rule 102(e) of its Rules of Practice, 17 CFR

201.102(e).

7. To a bar association, state accountancy board, or other federal, state, local, or foreign licensing or oversight

authority; or professional association or self-regulatory authority to the extent that it performs similar functions

(including the Public Company Accounting Oversight Board) for investigations or possible disciplinary action.

8. To a federal, state, local, tribal, foreign, or international agency, if necessary to obtain information relevant to the

SEC’s decision concerning the hiring or retention of an employee; the issuance of a security clearance; the letting of

a contract; or the issuance of a license, grant, or other benefit.

9. To a federal, state, local, tribal, foreign, or international agency in response to its request for information

concerning the hiring or retention of an employee; the issuance of a security clearance; the reporting of an

investigation of an employee; the letting of a contract; or the issuance of a license, grant, or other benefit by the

requesting agency, to the extent that the information is relevant and necessary to the requesting agency's decision on

the matter.

10. To produce summary descriptive statistics and analytical studies, as a data source for management information,

in support of the function for which the records are collected and maintained or for related personnel management
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functions or manpower studies; may also be used to respond to general requests for statistical information (without 

personal identification of individuals) under the Freedom of Information Act.

11. To any trustee, receiver, master, special counsel, or other individual or entity that is appointed by a court of

competent jurisdiction, or as a result of an agreement between the parties in connection with litigation or

administrative proceedings involving allegations of violations of the federal securities laws (as defined in section

3(a)(47) of the Securities Exchange Act of 1934, 15 U.S.C. 78c(a)(47)) or pursuant to the Commission’s Rules of

Practice, 17 CFR 201.100 – 900 or the Commission’s Rules of Fair Fund and Disgorgement Plans, 17 CFR

201.1100-1106, or otherwise, where such trustee, receiver, master, special counsel, or other individual or entity is

specifically designated to perform particular functions with respect to, or as a result of, the pending action or

proceeding or in connection with the administration and enforcement by the Commission of the federal securities laws

or the Commission’s Rules of Practice or the Rules of Fair Fund and Disgorgement Plans.

12. To any persons during the course of any inquiry, examination, or investigation conducted by the SEC’s staff, or in

connection with civil litigation, if the staff has reason to believe that the person to whom the record is disclosed may

have further information about the matters related therein, and those matters appeared to be relevant at the time to

the subject matter of the inquiry.

13. To interns, grantees, experts, contractors, and others who have been engaged by the Commission to assist in

the performance of a service related to this system of records and who need access to the records for the purpose of

assisting the Commission in the efficient administration of its programs, including by performing clerical,

stenographic, or data analysis functions, or by reproduction of records by electronic or other means. Recipients of

these records shall be required to comply with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C.

552a.

14. In reports published by the Commission pursuant to authority granted in the federal securities laws (as such term

is defined in section 3(a)(47) of the Securities Exchange Act of 1934, 15 U.S.C. 78c(a)(47)), which authority shall

include, but not be limited to, section 21(a) of the Securities Exchange Act of 1934, 15 U.S.C. 78u(a).

15. To members of advisory committees that are created by the Commission or by Congress to render advice and

recommendations to the Commission or to Congress, to be used solely in connection with their official designated

functions.

16. To any person who is or has agreed to be subject to the Commission’s Rules of Conduct, 17 CFR 200.735-1 to

200.735-18, and who assists in the investigation by the Commission of possible violations of the federal securities

laws (as such term is defined in section 3(a)(47) of the Securities Exchange Act of 1934, 15 U.S.C. 78c(a)(47)), in the

preparation or conduct of enforcement actions brought by the Commission for such violations, or otherwise in

connection with the Commission’s enforcement or regulatory functions under the federal securities laws.

17. To a Congressional office from the record of an individual in response to an inquiry from the Congressional office

made at the request of that individual.

18. To members of Congress, the press, and the public in response to inquiries relating to particular Registrants and

their activities, and other matters under the Commission’s jurisdiction.

19. To prepare and publish information relating to violations of the federal securities laws as provided in 15 U.S.C.

78c(a)(47), as amended.

20. To respond to subpoenas in any litigation or other proceeding.

21. To a trustee in bankruptcy.

22. To any governmental agency, governmental or private collection agent, consumer reporting agency or

commercial reporting agency, governmental or private employer of a debtor, or any other person, for collection,

including collection by administrative offset, federal salary offset, tax refund offset, or administrative wage

garnishment, of amounts owed as a result of Commission civil or administrative proceedings.

G. Freedom of Information Act

The Freedom of Information Act, 5 U.S.C. 552 (the “FOIA”), generally provides for disclosure of information to the 

public. Rule 83 of the Commission’s Rules on Information and Requests, 17 CFR 200.83, provides a procedure by 

which a person can make a written request that information submitted to the Commission not be disclosed under the 

FOIA. That rule states that no determination as to the validity of such a request will be made until a request for 

disclosure of the information under the FOIA is received. Accordingly, no response to a request that information not 

be disclosed under the FOIA is necessary or will be given until a request for disclosure under the FOIA is received. If 
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you desire an acknowledgement of receipt of your written request that information not be disclosed under the FOIA, 

please provide a duplicate request, together with a stamped, self addressed envelope.

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Small Business Owners: The SEC always welcomes comments on how it can better assist small businesses. If you 

have comments about a voluntary request for information you received from staff in the SEC’s examination program, 

please contact the Office of Small Business Policy, in the SEC’s Division of Corporation Finance, at 202-551-3460. 

If you would prefer to comment to someone outside of the SEC, you can contact the Small Business Regulatory 

Enforcement Ombudsman at http://www.sba.gov/ombudsman or toll free at 888-REG-FAIR. The Ombudsman’s 

office receives comments from small businesses and annually evaluates federal agency enforcement activities for 

their responsiveness to the special needs of small business.