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Disclose Regarding Business Continuity
Eureka Capital Markets ("Eureka" or the "Firm") maintains a business continuity
plan, which addresses how the Firm works through interruptions to its normal
course of business. This plan is reviewed and updated, as necessary, on an
annual basis. The plan outlines the actions Eureka will take in the event
of an unforeseen business interruption, including the retrieval of backed
up data and continued communication with clients. A copy of the attached
plan is provided below:
Eureka Capital
Markets, LLC ("Eureka") is organized as a limited liability company.
It maintains three branch office locations. Its services are financial
advisory. It holds no customer funds or securities. Its services are
transaction-oriented, working with issuers on specific merger, acquisition
and financing issues.
This plan is to be distributed to members of Eureka’s Management
Committee ("Committee") and other principals of the firm
on an as needed basis. Jacques Perrone will oversee its distribution.
FINRA Rule 3520 requires that Eureka designate a primary and alternative
contact. Those contacts must be "filed" with FINRA using
the FINRA's Contact System.
There are 10 critical elements of a BCP specified in FINRA Rule 3510.
They include and are addressed in this plan as follows, except where
noted as not applicable:
(1) Data back-up and recovery (hard copy and electronic);
(2) All mission critical systems (Non Exist);
(3) Financial and operational assessments (Not Applicable, given the
firm’s business);
(4) Alternate communications between customers and the member;
(5) Alternate communications between the member and its employees;
(6) Alternate physical location of employees;
(7) Critical business constituents, banks, and counter-party impact
(Not Applicable);
(8) Regulatory reporting;
(9) Communications with regulators; and
(10) How the member will assure customers' prompt access to their
funds and securities
in the event that the member determines that it is unable to continue
its business (Not Applicable).
As noted, given the limited nature of Eureka's business and the
nature of its relationships, Eureka would anticipate its representatives
being able to communicate with its "customers" in a fashion
effectively little different from that of an individual traveling.
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Distribution of Plan
The Business Continuity Plan is distributed to members of the management
committee and the Executive Director. It will also be distributed on
a need to know basis to others as determined by the Managing Director.
Emergency Contacts
Eureka has designated Jacques Perrone and Steve Greene as the primary
and secondary contacts, respectively, with the FINRA.
New York Office
Stephen A. Greene, Senior Managing Director
(O) 646.277.8424
(C) 973.220.4836
(E) stephen.greene@eurekacap.com
Mark Hyman, Senior Managing Director
(O) 646.277.8425
(C) 646.239.0142
(E) mark.hyman@eurekacap.com
Newport Beach Office
Jacques A. Perrone, Managing Director
(O) 949.719.2262
(C) 310.489.6150
(E) jacques.perrone@eurekacap.com
Milwaukee Office
George H. Kidd, Senior Managing Director
(O) 414.617.9300
(C) 414.617.9300
(E) george.kidd@eurekacap.com
Data Locations & Back-up
Data is located in each office - New York, Newport Beach and
Milwaukee. In New York, data for all active clients is stored centrally
on a server, which is backed up to tape on a daily basis. Certain registered
representatives will keep data on their computer hard drive, which
is backed up individually to compact discs at their discretion. In
Newport Beach, all data is stored on each registered representatives
hard drive and is generally backed up weekly to external hard drives.
In Milwaukee, files are stored on the registered representative’s
hard drive and backed up weekly. Files for completed engagements are
copied to a compact disc and stored in the client file.
ID of Mission Critical Systems (Addressing customer exposure)
Not Applicable - The firm does not hold customer funds or securities.
Banks and other service providers are not critical, as Eureka has one
employee and a limited payroll to meet.
Alternative Communications
In the event of business disruption, most members of the firm maintain
laptop computers. They provide access to the Internet from virtually
any location. Such computers may also contain duplicates of firm forms
and other information. If firm representatives are unable to access
the firm's e-mail system, reps. would be permitted to use personal
e-mail for emergency communications between members of the firm. Where
the interruption would be determined to be of a longer duration, the
Committee may permit individuals to use personal e-mail, so long as
copies of communications were maintained.
Plan Review, Approval & Authority To Act
This plan was approved by the Committee. Any member of the Committee,
as well as Eureka's Executive Director, may take actions necessary
in the event of a business disruption.
The plan will be reviewed on an annual basis during the Committee's
meeting each calendar year. |
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