Nollenberger McCullough Investment Advisors LLC
Business Continuity Plan
As of June 24, 2024
l. Emergency Contact Persons:
Nollenberger McCullough (NollMac) emergency contact persons are:
Name Comcast Phone
-Bruce Nollenberger 415-287-5105-DeeDee Nollenberger 415-287-4747-Maryann Harrison 415-729-9841-Peter Perez 415-287-5100-Leon Wiatrak 415-729-9842These names will be updated in the event of a material change and our CCO will review them within 17 business days of the end of each quarter.
The contact tree shall be as follows:
A. MS Team Chat is initiated via Smart Phone to contact all employees at once.
B. Cell Phone- If any are unresponsive via Team Chat, call individually.
C. Group Text- If no answers via Team Chat or Cell, broadcast to group text.
D. Services Emergency Contact & Master Acct Numbers.
E. Constant Contact Emergency Client Tree, to inform and reassure clients via email.
II. Firm Policy.
NollMac’s policy is to respond to a Significant Business Disruption (SBD) by safeguarding employees’ lives and firm property, making a financial and operational assessment, quickly recovering, and resuming operations, protecting all the firm’s books and records, and allowing our clients to transact business. In the event that we determine we are unable to continue our business, we will assure clients prompt access to their account, if needed.
All firm and clients’ documents shall be housed via cloud backup in Dropbox.
A. Significant Business Disruptions (SBDs)
NollMac’s plan anticipates two kinds of SBDs, internal and external. Internal SBDs affect only NollMac’s ability to communicate and do business, such as a power outage in our building. External SBDs prevent the operation of the securities markets or any number of firms, such as an earthquake, terrorist attack, city flood, or other wide-scale regional disruption.
B. Approval and Execution Authority.
Bruce Nollenberger, managing member, and Maryann Harrison, Chief Compliance Officer are responsible for approving the plan and for conducting the required quarterly review. Bruce Nollenberger, Peter Perez, DeeDee Nollenberger, Maryann Harrison, & Leon Wiatrak have the authority to execute this business continuity plan.
C. Plan Location and Access: NollMac will maintain copies of its business continuity plan, annual reviews, and any changes that have been made to it for inspection. The BCP shall be posted on the NollMac website.
III. Business Description
NollMac conducts investment advisory activity. NollMac does not perform any type
of clearing function for itself or others. Furthermore, we do not ever hold customer
funds or securities.
IV. Office Locations:
NollMac maintains one office located at 100 Shoreline Highway, Building B, Suite
380, Mill Valley, CA. Its main telephone numbers are 415-287-5100 and 415-956-
8700.
V. Alternative Physical Locations of Employees.
All of NollMac’s applications are cloud-based, which gives our employees the ability
to work remotely as necessary.
VI. Customer’s Access to Funds and Securities.
NollMac does not maintain custody of Client’s funds or securities.
If Internet and or office telephone services are unavailable, our employees will take
customer’s instructions as appropriate via cell phone. NollMac’s main telephone
numbers are transferred to employees’ cell phones in the event that Comcast is down.
We will post our cell phone numbers on NollMac’s website.
VII. Data Backup and Recovery (Hard Copy and Electronic).
NollMac maintains cloud-based documents of its primary books and records. Bruce
Nollenberger and Peter Perez are responsible for the maintenance of these books and
records. These records are kept in Dropbox and backed up real-time.
VIII. Financial and Operational Assessments. NollMac has one bank account and does not receive any client funds. If there were to be an SBD, the funds on hand or from the principal’s capital account would be used to fund operations.
A. Operational Risk In the event of an SBD, we will immediately identify what means will permit us to communicate with our customers, employees, critical business constituents, critical banks, critical counterparties, and regulators. Although the effects of an SBD will determine the means of an alternative communication, the communications options we will employ will include our website, telephone voicemail, and secure email. In addition, we will retrieve our key activity records as described in the section above, Data Back-Up and Recovery. All email is retrievable by cloud-based 3 rd party, Office 365.
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. We will contact critical banks and investors to apprise them of our financial status.
If we determine that we may be unable to meet our obligations to those counterparties or otherwise continue to fund our operations, we will request additional financing from our bank or other credit sources to fulfill our obligations to our customers and clients. If we cannot remedy a capital deficiency, we will file appropriate notices with our regulators and immediately take appropriate steps.
IX. Mission Critical Systems In order for NollMac to resume its operations following an unplanned interruption, it must have an understanding of its mission critical systems and its critical business constituents. NollMac must be prepared to implement steps to restore relationships, systems, and contacts accordingly.
X. Alternate Communications Between the Firms and Customers, Employees, and Regulators
A. Customers
NollMac communicates with its employees using the telephone, cellular phone, email, instant messaging, fax, internet and in person. In the event of a business disruption, NollMac will use the most efficient means of communication still available to communicate with the other party.
Employees are given names, phone numbers and email addresses of individuals to contact in the event of a business disruption.
B. Employees.
The first line of contact shall be through Microsoft Teams, cell phone texting and
phone calls. We now communicate with our employees using the telephone, email,
and in person. In the event of an SBD, we will assess which means of
communication are still available to us and use the means closest in speed and form
(written or oral) to the means that we have used in the past to communicate with the
other party. We will also employ a call tree so that senior management can reach all
employees quickly during an SBD. The call tree includes all staff home and office
phone numbers. We have identified persons, noted below, who live near each other
and may reach each other in person:
C. Regulators
We are currently members of the following Securities Exchange Commission, SEC.
We communicate with our regulators using telephone, email, fax, US Mail and in
person. In the event of an SBD, we will assess which means of communication are
still available to us. And use the means closest in speed and form (written or oral) to
the means that we have used in the past to communicate with the other party.
NAME ADDRESS PHONE
Securities and Exchange Commission help@sec.gov 1-800-732-0330
100 F St, NE, Washington DC 20549, CRD 165451/SEC801-120348.
XI. Critical Business Constituents, Banks, and Counterparties
A. Business Constituents
We have contacted our critical business constituents, (businesses with which we have
an ongoing commercial relationship in support of our operating activities, such as
vendors providing us critical services), and determined the extent to which we can
continue our business relationship with them considering the internal or external
SBD. We will quickly establish alternative arrangements if a business constituent can
no longer provide the needed goods or services when we need them because of an
SBD to them or NollMac.
B. Banks
We do not finance with anyone.
C. Counterparties
NollMac has no critical counterparties.
XII. Regulatory Reporting
NollMac is subject to regulation by Securities Exchange Commission. We now file
reports electronically using Fax, Email, and the internet. In the event of an SBD, we
will check with the SEC, and other regulators to determine which means of filing are
still available to us and use the means closest in speed and form (written or oral) 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.
XIII. Disclosure of Business Continuity Plan
NollMac gives customers a written BCP disclosure statement at account opening and annually. A new disclosure will be provided in the event the plan is updated due to a material change to the firm’s operations, structure, business, or location. NollMac mails its BCP to customers upon request. A copy of the disclosure statement is maintained with the BCP.
XIV. Senior Manager Approval.
I have approved this Business Continuity Plan as reasonably designed to enable NollMac to meet its obligations to customers in the event of an SBD.
Signed, Bruce Nollenberger
Bruce Nollenberger, CEO& Managing Member
NOLLENBERGER MCCULLOUGH INVESTMENT ADVISORS LLC
100 Shoreline Highway Bldg B, Ste 380|Mill Valley, CA, 94941
P: 415-287-5100 | F: 415-754-4583 | BruceN@NollMac.com, www.NollMac.com