SUMMARY OF BUSINESS CONTINUITY PLAN
 

Lemley Yarling & Co. (the “firm”) maintains this Business Continuity Plan, describing our policy used in responding to a Significant Business Disruption (“SBD”). Our response is directed to safeguarding employees’ lives and firm property, making a financial and operational assessment, quickly recovering and resuming operations, protecting all of the firm’s books and records, and allowing our customers to transact business. In the event that we determine we are unable to continue our business, we will assure customers prompt access to their funds and securities.

Our plan anticipates two kinds of SBDs, internal and external. Internal SBDs affect our firm’s ability to communicate and do business, such as a fire in our building. External SBDs prevent the operation of the securities markets or a number of firms, such as a terrorist attack, a city flood, or a wide-scale, regional disruption. Our response to an external SBD relies more heavily on other organizations and systems, especially on the capabilities of our clearing firm.

  1. Emergency Contact Persons

    Our firm’s two emergency contact persons are:

    Ralph J. Lemley
    Budlemley@aol.com
    (800) 253-6539

    Kathleen Pinto
    KCannova@aol.com
    (800) 793-3665

    Customers should direct their emergency contacts to the above persons.

  2. Business Description

    Our clearing firm is:

    RBC Capital Markets LLC
    RBC Plaza
    60 South 6th Street
    Minneapolis MN, USA 55402-4422
    (612) 371-2711
    ATTN: Rhianna Stave
  3. Office Locations
    1. Office Location #1

      Our Location #1 Office is at 15624 Lemley Drive, Soldiers Grove, Wi 54655. (800) 793-3665.

    2. Office Location #2

      Our Location #2 Office is at 15624 Lemley Drive, Soldiers Grove, Wisconsin 54655. (800) 253-6539.

  4. Alternative Physical Location of Employees

    In the event of an SBD, we will move our staff from the affected office to our unaffected office location.

  5. Customers’ Access to Funds and Securities

    Our firm does not maintain custody of customers’ funds or securities, which are maintained at our clearing firm, RBC Capital Markets LLC. In the event of an internal or external SBD, if telephone service is available, our registered persons will take customer orders or instructions and contact our clearing firm on their behalf, and if our Web access is available, our firm will post on our Web site that customers may access their funds and securities by contacting Budlemley@aol.com. The firm will make this information available to customers through its disclosure policy.

  6. Financial and Operational Assessments
    1. 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 counter-parties, and regulators. Although the effects of an SBD will determine the means of alternative communication, the communications options we will employ will include our Web site and telephone voice mail.

    2. 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 our clearing firm, critical banks, and investors to apprise them of our financial status.

  7. Mission Critical Systems

    Our firm’s “mission critical systems” are those that ensure prompt and accurate processing of securities transactions, including order taking, order entry, execution, comparison, allocation, clearance and settlement of securities transactions, the maintenance of customer accounts, access to customer accounts, and the delivery of funds and securities. Regarding, order taking and entry, See Section A1 below.

    We have primary responsibility for establishing and maintaining our business relationships with our customers and have sole responsibility for our mission critical functions of order taking and entry. Our clearing firm provides, through contract, the execution, comparison, allocation, clearance and settlement of securities transactions, the maintenance of customer accounts, access to customer accounts, and the delivery of funds and securities.

    Our clearing firm represents that it backs up our records at a remote site. Our clearing firm represents that it operates a back-up operating facility in a geographically separate area with the capability to conduct the same volume of business as its primary site. Our clearing firm has also confirmed the effectiveness of its back-up arrangements to recover from a wide scale disruption by testing.

    Recovery-time objectives provide concrete goals to plan for and test against. They are not, however, hard and fast deadlines that must be met in every emergency situation, and various external factors surrounding a disruption, such as time of day, scope of disruption, and status of critical infrastructure – particularly telecommunications – can affect actual recovery times. Recovery refers to the restoration of clearing and settlement activities after a wide-scale disruption; resumption refers to the capacity to accept and process new transactions and payments after a wide-scale disruption. Our clearing firm has the following SBD recovery time and resumption objectives: recovery time period of 4 hours; and resumption time of 48 hours.

    1. Our Firm’s Mission Critical Systems
      1. Order Taking

        Our firm receives orders only from Lemley Yarling Management Co., and its President, Ralph J. Lemley. All orders are discretionary orders where Lemley Yarling Management & Co. is vested with discretion by customers. Customers are not allowed to transmit orders directly to Lemley Yarling & Co.

      2. Order Entry

        Currently, our firm enters orders by recording them on paper and sending them to our clearing firm telephonically. Orders are transmitted by telephone to RBC. Our contact for executing orders is Michael P. Fine (612)373-1961

        Our client service contact at RBC is Ruth Hannenberg (630) 297-5200.

  8. Alternate Communications Between the Firm and Customers

    We now communicate with our customers using the telephone, e-mail, our Web site, fax, U.S. mail, and in person visits at our firm or at the other’s location. 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. For example, if we have communicated with a party by e-mail but the Internet is unavailable, we will call them on the telephone and follow up where a record is needed with paper copy in the U.S. mail.

  9. Disclosure of Business Continuity Plan

    This BCP disclosure statement is provided to customers at account opening, posted on our Web site and mailed to customers upon request.

 

The market value of the Model Portfolio is net of advisory fees, brokerage commissions and other related expenses. Model Portfolio results reflect reinvestment of dividends and other earnings. The Model Portfolio column is the overall return of the portfolio for the period shown.

The S & P 500 is an unmanaged S & P composite of 500 stocks widely regarded as representative of the stock market in general. Unless otherwise indicated, index results include reinvested dividends and do not reflect sales charges.

Past performance is not indicative of future results. Other methods may produce different results for individual portfolios and for different periods and may vary depending on market conditions and the composition of an individual portfolio. Care should be used when comparing these results to those published by other investment advisors, other investment vehicles and unmanaged indices due to possible differences in calculation methods. A list of all recommendations made by Lemley, Yarling Management Co. for the preceding one-year period is available to advisory clients upon request.

PAST PERFORMANCE IS NO INDICATION OF FUTURE PERFORMANCE

15624 Lemley Drive, Soldiers Grove, Wi 54655 312-925-5248
The factual statements herein have been taken from sources we believe to be reliable but such statements are made without any representation as to accuracy or completeness or otherwise. From time to time the Lemley Letter, or one or more of its officers or employees, may buy and sell as agent the securities referred to herein or options relating thereto, and may have a long or short position in such securities or options. This report should not be construed as a solicitation or offer of the purchase or sale of securities. Prices shown are approximate. Past performance is no indication of future performance.