DFI-Sec 5.035(3)(a)1.i.i. Form of delivery to client or sender, or copy of the form of delivery to client or sender. DFI-Sec 5.035(3)(a)1.j.j. Mail confirmation number, if applicable, or confirmation by client or sender of the fund’s or security’s return. DFI-Sec 5.035(3)(a)2.2. If an investment adviser obtains possession of securities that are acquired from an issuer in a transaction or series of transactions not involving any public offering that qualify for the exception from custody under sub. (2) (b), the adviser shall keep the following records: DFI-Sec 5.035(3)(a)2.a.a. A record showing the issuer or current transfer agent’s name, address, telephone number and other applicable contact information pertaining to the party responsible for recording client interests in the securities; and DFI-Sec 5.035(3)(a)2.b.b. A copy of any legend, shareholder agreement or other agreement showing that those securities are transferable only with prior consent of the issuer or holders of the outstanding securities of the issuer. DFI-Sec 5.035(3)(b)(b) Each registered investment adviser whose principal office is in this state who has custody or possession of securities or funds of any client shall maintain and keep current the following books and records in addition to those required under sub. (1): DFI-Sec 5.035(3)(b)1.1. A copy of all documents required in sub. (1) (f) if the adviser is authorized or permitted to withdraw a client’s funds or securities maintained with a custodian upon the adviser’s instruction to the custodian. DFI-Sec 5.035(3)(b)2.2. A journal or other record showing all purchases, sales, receipts and deliveries of securities, including certificate numbers, for all accounts and all other debits and credits to the accounts. DFI-Sec 5.035(3)(b)3.3. A separate ledger account for each client showing all purchases, sales, receipts and deliveries of securities, the date and price of each purchase and sale, and all debits and credits. DFI-Sec 5.035(3)(b)4.4. Copies of confirmations of all transactions effected by or for the account of any client. DFI-Sec 5.035(3)(b)5.5. A record for each security in which any client has a position, which record shall show the name of each client having any interest in each security, the amount or interest of each client, and the location of each security. DFI-Sec 5.035(3)(b)6.6. A copy of each of the client’s quarterly account statements, as generated and delivered by the qualified custodian. If the adviser also generates a statement that is delivered to the client, the adviser shall also maintain copies of such statements along with the date such statements were sent to the clients. DFI-Sec 5.035(3)(b)7.7. If applicable to the adviser’s situation, a copy of the auditor’s report and financial statements and letter verifying the completion of the examination by an independent certified public accountant and describing the nature and extent of the examination. DFI-Sec 5.035(3)(b)8.8. A record of any finding by the independent certified public accountant of any material discrepancies found during the examination. DFI-Sec 5.035(3)(b)9.9. If applicable, evidence of the client’s designation of an independent representative. DFI-Sec 5.035(3)(c)(c) If an investment adviser has custody because it advises a pooled investment vehicle, as defined in sub. (4) (a) 3., the adviser shall also keep the following records: DFI-Sec 5.035(3)(c)2.2. If the investment adviser complies with sub. (2) (c), the investment adviser shall make and maintain each of the following records: DFI-Sec 5.035(3)(c)2.c.c. A record evidencing the mailing by the issuer of its audited financial statements to all limited partners, members or other beneficial owners within 120 days of the end of its fiscal year. DFI-Sec 5.035(3)(c)3.a.a. A copy of the written agreement with the independent party reviewing all fees and expenses, indicating the responsibilities of the independent third party. DFI-Sec 5.035(3)(c)3.b.b. Copies of all invoices and receipts showing approval by the independent party for payment through the qualified custodian. DFI-Sec 5.035(4)(a)(a) “Custody” for purposes of this section, means holding directly or indirectly, client funds or securities, or having any authority to obtain possession of them, or having the ability to appropriate them in the following contexts, without limitation: DFI-Sec 5.035(4)(a)1.1. Possession of client funds or securities unless received inadvertently and returned to the sender promptly, but in any case within three business days of receiving them, except that receipt of checks drawn by clients and made payable to unrelated third parties will not meet the definition of custody if they are forwarded to the third party within 24 hours of receipt and the adviser maintains the records required under sub. (3) (a); DFI-Sec 5.035(4)(a)2.2. Any arrangement, including a general power of attorney, under which an investment adviser is authorized or permitted to withdraw client funds or securities maintained with a custodian upon the investment adviser’s instruction to the custodian; and DFI-Sec 5.035(4)(a)3.3. Acting in any capacity, such as general partner of a limited partnership, managing member of a limited liability company, or a comparable position for another type of pooled investment vehicle, or trustee of a trust, that provides an investment adviser or a supervised person out of the investment adviser, legal ownership of, or access to, client funds or securities.