The 12 email questions before an exam.

Use this with your compliance consultant before the next annual review.

  1. Are all client communications by email captured, including attachments? Journaling of 100% of mail, not mailbox retention.
  2. Can anyone delete a message from the record? Immutable storage for the retention period.
  3. How long are records kept, and are the first two years easily accessible? Five years; all searchable instantly.
  4. Can you produce by custodian, date range and keyword? Exports with integrity hashes.
  5. Is there a separate copy of the records? Cross-region copy.
  6. Do you review communications for prohibited claims? Keyword lexicon and sampling, logged outcomes.
  7. How do you handle off-channel communications (texts, personal email)? Policy, attestation, and a captured channel staff actually use.
  8. Are marketing emails and testimonials retained under the Marketing Rule? Same archive.
  9. Is client account data encrypted when emailed? Enforced TLS; encrypted delivery when needed.
  10. Is MFA on for every account, and are departed advisers removed promptly? Yes, with logs.
  11. Who at your vendor can access records, and under what agreement? Books-and-records vendor letter; logged access; no offshore access to content.
  12. What is your plan for an account takeover? Incident response with the archive as the source of truth.

Start free trial   Read Rule 204-2, in plain English

Why these twelve

Each question traces to a paragraph of Rule 204-2 or to a related rule that examiners pair with it. Questions 1 and 8 come from (a)(7) and the Marketing Rule amendments: what counts as a required communication. Questions 2, 4, 5 and 11 come from (g): electronic records must be indexed, promptly producible, duplicated, safeguarded from alteration and access-limited. Question 3 is (e)(1): five years, the first two easily accessible. Questions 6 and 7 come from the compliance-program and off-channel sweep that examiners run alongside the records request. Questions 9, 10 and 12 are not in 204-2 at all; they come from Regulation S-P safeguards and from the account-takeover cases that generate most small-RIA incidents. An examiner will not read the rule to you; they will ask these questions and wait.

A worked answer sheet: Northwind Wealth

Five advisers, Google Workspace, Orion and Redtail. The CCO filled in the sheet before the annual review.

#Northwind’s answerEvidence
1All Workspace mail is journaled to PXCMail with attachments, including shared mailboxesJournaling status in Console → Archive; last quarterly compliance report
2No. Archive storage is immutable for the retention period; admins cannot shorten itRetention setting in the console; books-and-records vendor letter
3Five years from fiscal year end; all five years searchable in the consoleRetention setting (RIA profile); compliance manual section 7
4Yes, by custodian domain, date range and keyword; PST export with sha256 manifestSample export from last review, with chain-of-custody statement
5Cross-region replicated copy in us-west-2Continuity page, printed and filed
6Keyword lexicon (“guarantee”, “no risk”, performance terms) plus a monthly sampleReview log with outcomes, exported quarterly
7Written policy: no client business by text or personal email; quarterly attestationSigned attestations in Redtail; policy in the manual
8Yes. Quarterly letters and prospect emails sit in the same archive; performance backup lives in OrionArchive search for the letter; Orion report ID noted in the marketing log
9TLS enforced; account numbers trigger locked delivery automaticallyPolicy rule screenshot; audit trail entries showing the decision
10MFA on every account; offboarding checklist removes access the same dayConsole → Users export; last offboarding ticket
11US-based PacinfraX staff only, on written request, logged; offshore support sees metadata onlyVendor letter; data residency page; access log (empty)
12Incident plan: revoke sessions, reset, review the audit trail, notify clients and custodians from the archive recordPlan in the manual; first-hour guide linked

How to use it before the exam

  1. Fill the sheet in with your compliance consultant at the annual review, not when the request list arrives.
  2. Run one real export now (one custodian, one quarter) and time it. If it takes days, question 4 is not answered.
  3. Check that the first two years are searchable without a restore; that is what “easily accessible” means in practice.
  4. Put the sheet, the vendor letter and a sample export in the exam binder next to the compliance manual.
  5. When the request list comes, map each request to a search, run it, and attach the manifest with the production.

FAQ

Do we need to archive internal emails between advisers?

Only those that relate to advice, funds or orders are required records, but separating them at send time is unreliable, so most firms journal everything and let retention apply uniformly.

What about texts and WhatsApp?

They are communications too. The usual answer for a small RIA is a written prohibition, a quarterly attestation and a captured channel staff prefer. Text capture is not something PXCMail does.

Does the examiner want the archive vendor’s name?

Usually yes, with the agreement that governs it. That is what the books-and-records vendor letter is for.

Is a broker-dealer covered by this checklist?

No. Rule 17a-4 asks more. A broker-dealer edition is ROADMAP.

Related

Rule 204-2, in plain English · Wealth & RIAs · Reading an SEC exam request list