Lessons from the SEC’s first Marketing Rule case.
The rules defines an advertisement as any direct or indirect communication an investment adviser makes to one or more people that:
Under the rule an advertisment may not:
The rule includes detailed requirements for testimonials and endorsements used to market investments with an exemption for those obtained for either no or de minimis compensation.
The rule also covers third party ratings and key stipulations around the inclusion of investment performance in marketing material.
Lessons from the SEC’s first Marketing Rule case.
Janaya Moscony | SEC3 2 min read
The model rule would harmonize state-level standards with the SEC’s Marketing Rule.
Alexander Barzacanos 1 min read
Both had allegedly failed to adequately consider if it was in their clients' best interest to convert brokerage accounts to advisory ones.
Julie DiMauro 2 min read
The SEC accused the asset manager of being misleading in its statements and marketing regarding "ESG-integrated" assets.
Julie DiMauro 1 min read
Investment adviser failed to mention endorsements from high-profile sports stars were paid for.
Julie DiMauro 2 min read
The sweep sent a warning to IA firms about the importance of accuracy in advertising industry awards and touting conflict free advice.
Julie DiMauro 2 min read
The latest SEC Risk Alert details observations of investment adviser compliance with the Marketing Rule from its exams staff.
Julie DiMauro 2 min read
The SEC charged five RIAs for Marketing Rule violations, pointing to misleading and improper hypothetical advertising in particular.
Julie DiMauro 3 min read
Further Reading