Does a broker-dealer need to maintain a permanent record of the prospectus?

A broker-dealer is not required to maintain a permanent record of the prospectus because prospectuses are considered issuer documents. The primary responsibility for the preparation and distribution of a prospectus lies with the issuer of the securities, which means that broker-dealers can rely on the issuer to provide and maintain these documents.

The prospectus serves as a disclosure document that provides vital information about the investment offering to potential investors. Since it is associated with the issuer’s filing with the Securities and Exchange Commission (SEC), broker-dealers generally do not have the obligation to keep these records permanently.

In contrast, other documents, such as trade confirmations or order tickets, are regulatory-required records that broker-dealers must maintain for compliance purposes. The focus on issuer documentation highlights the distinction in responsibilities between the issuer and the broker-dealer with respect to the prospectus.