The requirements of our clients and governing bodies have changed along with the industry’s evolution. Marketing compliance is ensuring that marketing and sales content follow consumer protection laws and regulations set by the government. It can be challenging and confusing to navigate the Investment Advisers Marketing Rule’s guidelines. The Rule introduces alternative marketing strategies, but it is up to organizations to do so in a way that complies with the law. Among other things, the Marketing Rule broadly defines “advertisement” to generally include communications with investors and potential investors on securities advisory services, including testimonials, endorsements, and third-party ratings, but in large part excludes tailored one-on-one communications with investors.
The SEC’s Division of Examinations recently announced that it will actively examine compliance with this new rule through a number of specific national initiatives, noting a particular focus on whether advisers have (a) implemented appropriate written policies and procedures, (b) a reasonable basis for believing they will be able to substantiate material statements of fact in advertisements, (c) complied with the rule’s performance advertising prohibitions, and (d) maintained the requisite books and records.
The investment adviser marketing team of professionals and attorneys at MAH Advising, LLC (referred to as “MAH”) are knowledgeable about the subtle nuances of the IA Marketing Rule. We offer advice and practical guidance on incorporating these rules into your marketing plan. When it comes to endorsements and promotions, our qualified team can help you review the relevant policies, procedures, supervisory standards, performance advertising, testimonials, and solicitor’s agreements and guide you with investment adviser marketing rule.
For additional help or information related to sec investment adviser marketing rule, talk to the team here at MAH Advising LLC. Our attorneys have very good experience in helping clients with Maintaining Compliance with Marketing Practices.