Important Disclosures and Terms and Conditions
You have accessed the website at www.birchlake.com published and hosted by Birch Lake Holdings, LP and its subsidiaries and affiliates (collectively, “us” or “we” or “Birch Lake”), which include: Birch Lake Partners, LP, a SEC-registered broker-dealer and member of FINRA (www.finra.org) and SIPC (www.sipc.org) (investment banking services); Birch Lake Consulting Partners, LP (strategic consulting services); and Birch Lake Fund Management, LP (investment management services). By accessing this website, you acknowledge these disclosures and agree to the terms and conditions below, which we reserve the right, at our discretion, to change at any time. We also reserve the right, at any time, to modify or discontinue, temporarily or permanently, this website with or without notice. This website is not intended for use by minors.
Nothing in this website constitutes investment, legal or tax advice.
The information contained in this website does not constitute any offer to sell or a solicitation of any offer to buy any security or financial instrument. Investment decisions based on information contained in this website are solely your responsibility.
Birch Lake gives no representation or warranty as to the accuracy, reliability or completeness of the information contained in this website and accepts no responsibility for updating any such information or for correcting any error or omission which may become apparent after such information has been displayed on this website. Except where liability under any statute cannot be excluded, no member of Birch Lake nor any of its and their directors, employees and consultants accept any liability for any error, omission or misrepresentation in relation to the information displayed on this website or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) suffered by you as a result of any use of or reliance upon any information or statement of any kind displayed on this website.
This website contains links to third party websites. We are not responsible for the security or content of any third-party websites.
FINRA Regulation Public Disclosure Program
BLP is required by FINRA Rules to provide you with information about the availability of information through FINRA’s Public Disclosure Program. The investor brochure may be obtained via the FINRA Web Site (www.finra.org) or through the FINRA Public Disclosure Program Hotline Number at (800) 289-9999.
Birch Lake Partners, LP is registered as a broker-dealer with the U.S. Securities and Exchange Commission and is a member of the Financial Industry Regulatory Authority (“FINRA”) and the Securities Investor Protection Corporation (“SIPC”) (links to FINRA’s and SIPIC’s websites are provided above). It provides investment banking services such as mergers and acquisitions, restructuring, bankruptcy, private placements and financial advice relating thereto, but it is not a retail broker-dealer and does not solicit funds from or carry accounts for or offer or sell securities products to retail customers.
Your Personal Information
You are not required to provide any personal information to access this website and this website does not utilize “cookies” to obtain information about you. (A “cookie” is a piece of data stored on a user’s hard drive containing information about the user). We may, however, use reporting technologies to record information such as internet domain and host names, internet protocol addresses, pages you have requested, your browser software and operating system types, clickstream patterns, and dates and times that our website is accessed. We may analyze this information for trends and statistics to allow us to improve our website and your experience and also to help us understand the demographics and interests of our user base.
In certain situations, we may be required by law to ask for and collect personal information before we may conduct business with you. For example, to strengthen the ability of the United States government to combat terrorist financing and money laundering, the USA PATRIOT Act requires financial institutions, including broker-dealers like Birch Lake Partners, LP, to obtain, verify and record information that identifies each person or entity with whom it conducts business.
Accordingly, in this context, we will ask you for and collect some or all the following personal information: if you are an individual, your name, date of birth, address, social security number or other taxpayer identification number, passport number and country of issuance or government issued identification showing nationality, residence and a photograph of you; and if you are a corporation, partnership, trust or other entity, its name, address (either principal place of business, a local office or other physical location), U.S. taxpayer identification number, or if not organized or a resident in the U.S. or filing U.S. income tax returns, the number and country of issuance of any other government-issued document certifying the existence of the organization. We may ask you to provide other documents that we consider necessary to verify your identity such as a valid driver’s license or the entity’s identity such as articles of incorporation, government-issued business license, partnership agreement or trust instrument.
In addition to the personal information we may be required by the USA PATRIOT Act to collect from you, if you are a prospective investor, to assess the suitability of certain investments for you or the availability of certain exemptions from registration of private placement transactions, we may also request and collect certain financial information about you, including your assets, income, financial situation, transaction history and other related information.
We do not disclose any non-public personal information about our clients, investors, prospective investors or former investors to anyone, except as requested or as authorized by them as necessary to process a transaction or service and except as required to comply with applicable law, rules, regulations, orders, subpoenas or other legal processes. We do not transfer your personal information to third parties (except to certain service providers as noted below) for their use as a mailing list or for other advertising purposes.
We restrict access to non-public personal information about clients and investors to those partners, officers, members, employees, agents, consultants or other parties who need to know that information to provide products or services to clients or investors about their investments with or through us. We maintain physical, electronic and procedural safeguards that comply with federal standards to guard non-public personal information. We also have sought to implement internal controls to keep client and investor information as accurate and complete as practicable. If any client or investor believes that any information about them is not accurate, they should contact our Chief Compliance Office in writing at the address below.
Notwithstanding the foregoing, we may share information about you with or among members or affiliates of Birch Lake, including any of its or their successors or assigns. We also may disclose this information to firms that perform services on our behalf. These agents and service providers are required to treat the information confidentially and use it only for the purpose for which it is provided. It also may be necessary for us to disclose such information for compliance purposes including, but not limited to, complying with anti-money laundering laws or determining whether an individual investor meets the regulatory requirements for an investment in a fund or private placement.
Business Continuity Plan Summary
FINRA Rule 4370 requires that member firms, including Birch Lake Partners, LP, establish and maintain business continuity plans (“BCPs”) that are reasonably designed to enable the firm to meet its obligations to clients in the event of a sudden business disruption. The rule also requires that firms conduct an annual review of their BCPs to determine whether modifications are necessary in light of material changes to their operating environment.
Accordingly, Birch Lake Partners, LP has designed BCPs to evaluate and manage a potential significant disruption to its business operations so that we may continue critical business functions in the event of an emergency. Critical functions include the storage and preservation of data and alternate communications with clients, regulators and employees. Since the timing and impact of disasters and disruptions is unpredictable, we will have to be flexible in responding to actual events as they occur. That said, we are providing you with this summary of our BCPs.
The BCPs were designed after reviewing the potential risks and ability to recover from key losses. They are reviewed at least annually. The BCPs include discussion of potential disruptions including loss of our office, loss of communication services, loss of power, loss of key personnel, and loss of key service providers. Our BCPs address: data backup and recovery; all mission critical systems; financial and operational assessments; alternative communications with customers, employees, and regulators; alternate physical location of employees; critical supplier, bank and counter-party impact; and regulatory reporting.
We utilize various off-site locations to replicate critical data and technology pursuant to agreements with third party service providers. In the event of a significant disruption, it is our goal to recover from the disruption within 24 hours or less so that we can continue business operations. We intend to respond to such disruptions by safeguarding our employees and property, making a financial and operational assessment, and protecting the firm’s books and records. In short, our business continuity plan is designed to permit our firm to resume operations as quickly as possible, given the scope and severity of the significant business disruption.
Significant business disruptions can vary in their scope. A disruption may affect only our firm, a single building housing our firm’s office, the business district where our firm’s office is located, the city where our firm’s office is located, or a whole region where our firm’s office is located. Within each of these areas, the severity of the disruption can also vary from minimal to severe. In a disruption to only our firm or a building housing our firm’s office, we will make every effort to transfer our operations to a local site when needed and expect to recover and resume business within 24 hours or less. In a disruption affecting a business district, city, or region including our office, we will transfer our operations to a site outside of the affected area, and recover and resume business within 24 hours or less. In either situation, we plan to continue in business, and notify you on how to contact us through our website. The nature of the BCPs is to lessen the impact of emergencies. Because events that bring about disruptions are unpredictable, we may have no ability to restore full service in the event of failures in certain infrastructure such as utilities, communication networks, transportation and third party providers. We do not guarantee that we will be able to continue or resume business operations within any specified period of time under all circumstances.
For more information or if you have questions about our business continuity planning, you can contact us at [email protected]
Customer Complaint Notice
Birch Lake Partners, LP, in accordance with Rule 17a-3(a)(18)(ii), is furnishing this statement if you ever need to report or notify us of a possible complaint. If, for any reason, you feel you have a complaint, please contact our Chief Compliance Officer immediately by telephone at (312) 973-1800 or by mail at:
Chief Compliance Officer
Birch Lake Partners, LP
71 South Wacker Drive
Chicago, IL 60606
All Other Inquiries
For all other inquiries that have not been addressed above, please contact Jack Butler, Chief Executive Officer, at (312) 973-1800.