If you are deemed a fiduciary based solely on your capacity as investment advisor, as that capacity is defined in § 9.101(a) of this chapter, and have no other fiduciary capacity as enumerated in § 150.30 , you are not required to maintain custody or control of fiduciary assets as set forth in § 150.220 or § 150.240 .
12 C.F.R. §150.245