BUSINESS CONTINUITY PLAN
This document addresses the EKN Financial Services, Inc. continuity plan. The purpose of this plan is to ensure the Firm's uninterrupted operations and/or restoration of its business and operations in the most efficient and timely manner in case of an internal or external Significant Business Disruption (“SBD”).
A disruption can be caused by any accidental, natural or man-made malicious event that threatens or does disrupt normal operations or services for sufficient time to affect significantly, or cause failure to, an organization. If a disaster situation arises, a communication chain among the Emergency Contact Team will be initiated.
Emergency Contact Persons
Our Firm's emergency contact people are:
• Anthony Ottimo – Chief Executive Officer
• Tom Giugliano – President
• Glen Stifelman – Chief Compliance Officer
• Peter Christos – Director of Investment Banking
Firm Policy
Our Firm's policy is to respond to a Significant Business Disruption by safeguarding employees' lives and the Firm's 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.
Significant Business Disruptions
Our plan anticipates two kinds of SBD’s. Internal SBD’s affect only our Firm's ability to communicate and do business. External SBD’s prevent the operation of the securities markets or a number of firms.
Plan Location and Access
We maintain a copy of this Business Continuity Plan at our New York office, and our Woodbury office, and an electronic copy is maintained at our external backup facility. Copies of the Business Continuity Plan have been distributed to department heads.
Business Description
Our Firm conducts business primarily in the US equities markets and provides investment-banking services. We are an introducing firm. We do not hold customer funds or securities. Our clearing firm maintains customers' accounts and transactions. Our Firm services retail customers and Legent Clearing, LLC. is our clearing agent.
Office Locations
A. Woodbury Office – Headquarters
Our Woodbury office is located at:
135 Crossways Park Drive, Suite 101
Woodbury, New York 11797
The main telephone number is: (516) 396-1234
B. New York office
Our New York office is located at:
44 Wall Street, 10th Floor
New York, NY 10005
The main telephone number is: (212) 742-0102
Alternative Physical Location(s) of Employees
In the event of an SBD, we will continue operations at an alternate working location. The Firm has provided access for some employees to access the Net Exchange system from locations outside of the office. Therefore these individuals may operate from their homes if necessary.
Customers' Access to Funds and Securities
Our Firm does not maintain custody of customers' funds or securities. In the event of an internal or external SBD, our registered employees will take customer orders or instructions over any available method. Also, our Firm will post a notice on our website stating that customers may execute any kind of transaction by contacting us via our main line, 800 line, cell phone or, if necessary, by calling directly to our clearing firm.
Data Back-Up and Recovery (Hard Copy and Electronic)
Our Clearing Firm maintains a copy of all relevant documents in their offsite storage facility. On a daily basis, They backup all electronic working files to an external storage facility. We have access to those records and files at any given time, so in the event of an internal or external SBD we can always recover our records.
Financial and Operational Assessments
A. Operational Risk
In the event of an SBD, we will immediately identify and use any methods that permit us to communicate with our customers, employees, business constituents, banks and regulators.
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.
Mission Critical Systems
Our Firm's "mission critical systems" are those that ensure prompt and accurate processing of securities transactions and the maintenance of customer accounts.
We have primary responsibility for maintaining our relationships with customers. Our clearing firm, Legent Clearing LLC provides the execution, comparison, allocation, clearance and settlement of securities transactions and the maintenance of customer accounts.
Our clearing firm contract requires our clearing firm: to maintain a business continuity plan and the capacity to execute it. Our clearing firm represents that it backs up all records.
Communications between the Firm, Customers, Employees, and Regulators
In the event of an SBD, we will use the means comparable in speed and form to the means that we have used in the past to communicate with our customers, employees and regulators. We will always keep all parties informed with status reports on the situation of the business.
Critical Business Constituents and Banks
A. Business Constituents
We have contacted our critical business constituents and determined the extent to which we can continue our business relationship with them in the event of an internal or external SBD. We will quickly establish alternative arrangements if a business constituent can no longer provide the needed goods or services.
B. Banks
We have contacted our banks and lenders to ensure they maintain a BCP and have the capacity to deploy it in the event of an internal or external SBD
Regulatory Reporting
Our Firm is subject to regulation by: FINRA and the SEC. In the event of an SBD, we will verify with these institutions the means of filing still available to us.
Disclosure of Business Continuity Plan
We include a copy of this summary to customers in the Firm's account opening documentation package. We also have posted this summary on our website (www.eknstock.com). The summary is mailed to customers upon request. In the event of a disruption all customers should refer to our website for instructions and direction.
Updates and Annual Review
Our Firm will update this plan whenever there is a material change to our operations, structure, business or location or those of our clearing firm. In addition, our Firm will review this BCP periodically.
SIPC
Should the Firm be unable to recover from a disaster, the Firm will follow SIPC liquidation procedures. For any questions regarding this Business Continuance Plan, please contact our compliance department at (516) 396-1234. |