Business Continuity Plan
Prepared for the worst to help you continue your business.
Introduction
StillPoint Capital is dedicated to serving the clients of its Registered Representatives (RR) without interruption. This plan includes important information on how to contact us as well as our plan to continue to operate as seamlessly as possible in the event of a significant business disruption (“SBD”).
In accordance with FINRA rule 4370 we have established emergency preparedness procedures to address these issues. These procedures are reviewed regularly, no less than annually, and updated as needed. Our BCP addresses emergency contact information, significant business disruptions, data retention and recovery; mission critical systems; financial and operational assessments; alternative communications; alternate locations, critical business constituents, banks and counterparty impact, regulatory reporting, etc.
Our BCP is designed to be flexible as most SBD’s are unpredictable. It is also designed to ensure StillPoint Capital continues to resume operations with as little interruption as possible. In the event that we do experience an interruption in services our BCP’s are designed to allow StillPoint Capital to resume operations as quickly as possible.
Emergency Contact Information
In the event of a significant business disruption during or after which you are unable to contact us through our main number (813) 891-9100, you may contact us through email at compliance@stillpointcap.com or by using one of our alternative numbers (656) 227-3883 or (656) 227-3814. You may also submit an email through our website. If you are still unable to contact us, please contact your RR for instructions on how they may assist you in contacting us.
Alternative Physical Location
In accordance with Rule 4370 each member must designate a location at which business will be conducted in the event the primary office must be evacuated. In accordance with this requirement; members of our staff will work remotely. In the event staff are asked to work remotely, we will remain vigilant in our surveillance against cyber threats and work with our Cyber Security and IT provider to take mitigation steps to reduce risk.
In the Event of a Disruption
StillPoint Capital conducts compliance oversight of M&A and Private Placements of Debt or Equity. At no time will StillPoint issue or receive customer securities or customer funds. Our RR’s close their deals offsite via securities attorneys’ offices or remotely. All records are stored electronically, all services to RR’s and clients can be provided remotely and all transactions are closed at locations other than SPC’s main office.
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All of our Registered Representatives are required to maintain their own Business Continuity Plans to ensure their individual firms can function. In the event a representative cannot be reached please contact StillPoint Capital.
Respective RR’s maintain all account records and documentation related to its clients’ investments in addition to the records SPC maintains electronically. Therefore, an internal or external SBD affecting the main OSJ office should not pose a threat to customer records or their transactions.
In all cases, we will resume normal business operations as soon as we are able to do so, based on the type and the extent of the disrupting event. If the significant business disruption is so severe that it prevents us from remaining in business, we will provide our RR’s prompt notification and access to their commissions, if applicable.
Record Retention & Recovery
Paper Records: All paper records are scanned and stored electronically. The Firm’s financial records are stored electronically and are backed up regularly.
Electronic Records: The firm uses an SEC 17a-4 compliant service for data retention. In the event that electronic records are lost, StillPoint Capital will either physically recover the storage media or electronically recover data from its back-up site, email archives or hardcopies maintained at the office. All electronic systems used to retain records can be accessed by appropriate personnel 24/7 from a secure internet connection. If the Company’s primary site is inoperable, we will continue operations from an alternate location to be determined by the CEO or CCO.
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StillPoint Capital does not hold customer funds or securities. Therefore, an internal or external SBD affecting the firm should not pose a threat to customer records, firm records, or securities transactions.
Financial and Operational Assessments
Operational Risk
In the event of a SBD, StillPoint Capital, LLC will immediately identify any methods available that will permit personnel to communicate with RR’s, other employees, critical business constituents, critical banks, critical counterparties, and regulators.
Although the effects of a SBD will determine the means of alternative communication, the
communications options the Company may employ will include telephone, voice mail and secure e-mail. In addition, StillPoint Capital, LLC will retrieve key activity records as described in the section above, Record Retention and Recovery, as necessary.
Financial and Credit Risk
In the event of a SBD, StillPoint Capital's FINOP will assess the Firm's risk and evaluate the Firm’s ability to continue to fund its operations and remain in capital compliance. In the event of a suspension or termination of the Company’s business, the StillPoint Capital will attempt to notify RR’s and their clients regarding the situation and provide them with instructions for verifying transactions in process or for conducting future business. Notification will be a form allowed based on the circumstances permitted by regulatory authorities and may include telephone calls, letters, a posting on our website, etc.
Mission Critical Systems
Internal Systems
Mission critical systems for the firm are those that ensure prompt and accurate processing of securities transactions, including documentation of due diligence files, investment documents, or any other pertinent documentation, to include but not limited to, engagement agreements, email correspondence, purchase agreements, subscription documents, financial reports, and all regulatory reporting.
Additional Services
In addition to those services listed above StillPoint Capital also provides additional lines of business, including but not limited to use of Foreign Finder services and the receipt of Referral Fees. In the event of an internal or external SBD, the Company will attempt to continue to offer these services provided that doing so does not place our employees, RR’s or their clients in harm’s way. These services may be temporarily suspended if the Company determines that safety cannot be assured or if critical systems necessary for offering these services, such as telephone or internet systems are disrupted.
Alternate Communication
Methods
In the event of a SBD, we will assess which means of communication are still available to us, and use the means closest in speed and form to the means that we have used in the past to communicate with the other party.
The Company currently files reports with our regulators using paper copies in the U.S. mail, and electronically using fax, e-mail, and the Internet. In the event of a SBD, we will check with the SEC, FINRA, and other regulators to determine which means of filing are still available to us, and use the means closest in speed and form to our previous filing method. In the event that we cannot contact our regulators, we will continue to file required reports using the communication means available to us that have been accepted in the past.
Critical Business Constituents, Banks and Counterparties
In the event of a SBD, StillPoint Capital, LLC will contact our critical business constituents, banks and counterparties, as necessary, and determine the extent to which StillPoint Capital can continue its business relationship with these businesses in light of the internal or external SBD. The Company will quickly establish alternative arrangements if a business constituent, bank or counterparty can no longer provide the needed services.