1. Regulatory Compliance in the Age of Social Media Image: http://www.arikhanson.com/2011/05/05/how-to-conduct-a- comprehensive-social-media-audit/ Dan Bowering, Chief Compliance Officer, Macquarie Private Wealth Silu Modi, Vice President, Digital Marketing, Macquarie Private Wealth Rob Brush, Crawley Meredith Brush Mackewn LLP Moderators: Shailesh Ambike Denise Carson IIROC 2012 CLS Annual Compliance Conference

2. Regulatory Compliance in the Age of Social Media Dan Bowering Silu Modi Rob Brush

3. IIROC 2012 CLS Annual Compliance Conference Regulatory Compliance in the Age of Social Media Dan Bowering Silu Modi Rob Brush Overview Regulated Communications Static Social Media Content Interactive Social Media Content The Problem with Third Parties General Considerations for Social Media Policies and Procedures Image credit: http://www.globallegalpost.com/blogs/management- speak/the-law-firm-social-media-solution-5582988/#.ULZbn4b5Urc

4. IIROC 2012 CLS Annual Compliance Conference Regulatory Compliance in the Age of Social Media Dan Bowering Silu Modi Rob Brush Communications: Review, Supervision and Record-Keeping IIROC Rule 29.7: Advertising, sales literature and correspondence NI 31-103: General Record Keeping Requirements Pre-review and approval Post-use review and/or sampling Record Retention

5. IIROC 2012 CLS Annual Compliance Conference Regulatory Compliance in the Age of Social Media Dan Bowering Silu Modi Rob Brush Social Media Subject to IIROC Rules and Securities Legislation Communications via social media are subject to Dealer Member Rules and securities legislation, “regardless of the method by which communication takes place, and however social media websites evolve…”

6. IIROC 2012 CLS Annual Compliance Conference Regulatory Compliance in the Age of Social Media Dan Bowering Silu Modi Rob Brush Classifying Communications Static Social Media Content vs. Interactive Social Media Content

7. IIROC 2012 CLS Annual Compliance Conference Regulatory Compliance in the Age of Social Media Dan Bowering Silu Modi Rob Brush Static Social Media Content Wall, background and profile information Akin to template advertising Requires pre-review and supervision

8. IIROC 2012 CLS Annual Compliance Conference Regulatory Compliance in the Age of Social Media Dan Bowering Silu Modi Rob Brush Interactive Social Media Content Instant messaging Facebook wall Comments

9. IIROC 2012 CLS Annual Compliance Conference Regulatory Compliance in the Age of Social Media Dan Bowering Silu Modi Rob Brush Static and Interactive Content Static Content Interactive Content

10. IIROC 2012 CLS Annual Compliance Conference Regulatory Compliance in the Age of Social Media Dan Bowering Silu Modi Rob Brush The Problem with Third Parties User: Hey – what are you up to? Approved Person: Oh hey! I’m just working on a blurb to submit to my boss describing my work experience for some PR pamphlet the office is putting together. Mind taking a look for me for typos/style before I submit it for approval? User: No problem – just copy/paste it in and I’ll look at it right now. Approved Person: Approved Person brings a wealth of experience and insight in the market to clients, and can guarantee a rate of return of 10%/year on client’s investments

11. IIROC 2012 CLS Annual Compliance Conference Regulatory Compliance in the Age of Social Media Dan Bowering Silu Modi Rob Brush The Problem with Third Parties User: Hey – what are you up to? Approved Person: Oh hey! I’m just working on a blurb to submit to my boss describing my work experience for some PR pamphlet the office is putting together. Mind taking a look for me for typos/style before I submit it for approval? User: No problem – just copy/paste it in and I’ll look at it right now. Approved Person: Approved Person brings a wealth of experience and insight in the market to clients, and can guarantee a rate of return of 10%/year on client’s investments Screen Capture

12. IIROC 2012 CLS Annual Compliance Conference Regulatory Compliance in the Age of Social Media Dan Bowering Silu Modi Rob Brush The Problem with Third Parties Approved Person: Approved Person brings a wealth of experience and insight in the market to clients, and can guarantee a rate of return of 10%/year on client’s investments

13. IIROC 2012 CLS Annual Compliance Conference Regulatory Compliance in the Age of Social Media Dan Bowering Silu Modi Rob Brush Social Media Policies and Procedures Who What From Where How

14. IIROC 2012 CLS Annual Compliance Conference Regulatory Compliance in the Age of Social Media Dan Bowering Silu Modi Rob Brush Permitted Users Training Compliance History Ongoing Supervision

15. IIROC 2012 CLS Annual Compliance Conference Regulatory Compliance in the Age of Social Media Dan Bowering Silu Modi Rob Brush Which Platforms? Privacy Policies Ability to control and delete user content Ability to control and delete third party content Record-keeping Image credit: http://www.floodlight.ca/internet- marketing-kelowna/social-media /

16. IIROC 2012 CLS Annual Compliance Conference Regulatory Compliance in the Age of Social Media Dan Bowering Silu Modi Rob Brush From Where Firm-owned devices Personal computers Smartphones Supervision Record-keeping Image: http://tommytoy.typepad.com/tommy-toy-pbt-consultin/2012/10/while-smartphones-have-reached- critical-mass-tablets-are-poised-to-do-the-same-soon-as-a-form-factor-tablets-simultaneousl.html

17. IIROC 2012 CLS Annual Compliance Conference Regulatory Compliance in the Age of Social Media Dan Bowering Silu Modi Rob Brush How Regulated communication Permitted communication Third party communication Supervision Corrective Action Record Keeping Image: http://www.smartpassiveincome.com/blog-post- checklist-after-publish/

18. IIROC 2012 CLS Annual Compliance Conference Regulatory Compliance in the Age of Social Media Dan Bowering Silu Modi Rob Brush Questions?