MODERNIZING MARKETING AND ADVERTISING RULES

The new SEC marketing rule gives investment advisers new ways to grow their business, as well as new ways to run afoul of regulations. Though it makes the use of modern marketing tools such as social media and testimonials possible, firms must comply with all of the rule’s provisions to use any of the methods that are now permitted. RegEd offers the following resources on the new marketing rule, its impact on the industry, and how firms can prepare so that investment advisers can reduce non-compliance risk while growing their business.

Rule Milestones

Dec. 22, 2020: SEC adopts modernized marketing rule for investment advisers.

March 5, 2021: Rule is published in the Federal Register.

May 4, 2021: SEC Marketing Rule takes effect.

Oct. 29, 2021: SEC withdraws and modifies staff letters related to rulemaking on investment adviser marketing.

Nov. 4, 2022: Compliance date.

INDUSTRY NEWS

Follow updates on the rule’s passage and adoption from financial services publications and industry subject matter experts.

Marketing Rule Compliance Checklist for Investment Advisers

Eversheds Sutherland has released a compliance checklist for the US Security and Exchange Commission’s (SEC) new Marketing Rule 206(4)-1 to help investment adviser firms navigate the complexities of the new regulation for advertisements and other forms of marketing.

SEC Marketing Rule 206(4)-1 (Bloomberg Law Professional Perspectives)

In this article for Bloomberg Law Professional Perspectives, Eversheds Sutherland attorneys discuss the amendments to the Advertising and Cash Solicitation Rules that resulted in the Marketing Rule and take a closer look at what advisers need to consider moving towards the final compliance date.

Investment Adviser Marketing Rule Update: Investment Management and Private Funds — What’s Happening Now?

In this roundtable, Troutman Pepper attorneys discuss the SEC’s new Investment Advisor Marketing Rule, which, creates a single, more modernized rule, replacing current advertising and cash solicitation rules.

REGULATORY RESOURCES

Read the rule and related documents from the SEC.

INFORMATION UPDATE: SEC Staff Statement Regarding Withdrawal and Modification of Staff Letters Related to Rulemaking

FAQ: A Small Entity Compliance Guide to Investment Adviser Marketing

FAQ: Marketing Compliance Frequently Asked Questions

FINAL RULE (PDF): Investment Adviser Marketing (Conformed to Federal Register Version)

PRESS RELEASE: SEC Adopts Modernized Marketing Rule for Investment Advisers

“Investment advisers do not have the option of complying with certain provisions of the old Advertising and Solicitation Rules while complying with other provisions from the new Marketing Rule. It’s all in or nothing.”

– Margie Webber, Director of Regulatory Compliance for RegEd

REGED RESOURCES

Get articles and analysis from RegEd surrounding the new SEC Marketing Rule.

ARTICLE: Leveraging Technology to Address the New SEC Marketing Rule (Part One)

The focus of this article are on some other items that your firm should consider adding to its to-do list as part of its preparation and subsequent compliance processes, and the technology that can assist you. The first set of items on the to-do list relate to the creation, communication, and acknowledgement of your policies and procedures.

ARTICLE: SEC Continues to Update Rules for Investment Adviser Marketing

Investment adviser marketing has taken another step into the present now that the SEC has announced it is withdrawing or modifying over 200 staff letters and guidance statements related to the decades-old Advertising and Cash Solicitation Rules. Most of the no-action relief letters being withdrawn are related to issues that are now covered in the SEC’s modernized Marketing Rule.

ARTICLE: Leveraging Technology to Address the New SEC Marketing Rule (Part Two)

The focus of this article are on some other items that your firm should consider adding to its to-do list as part of its preparation and subsequent compliance processes, and the technology that can assist you. The second part of the to-do list relates to actions to take to help monitor compliance with the firm’s polices after implementation.

ARTICLE: Modernized Marketing Rule for Investment Advisers Takes Effect

The countdown to the implementation of the modernized marketing rule for investment advisers has begun. After years in the making, the sweeping changes that the SEC made in modernizing marketing rules for investment advisers will finally take effect on May 4, 2021. Firms will have until Nov. 4, 2022, to comply.

WEBINAR: Advertising Regulation – Understanding and Preparing for the SEC’s Newly Adopted Modernized Marketing Rule

Experts provide insight into the details of the rule, how it will impact the industry, and what firms can do now to prepare. Some of the topics that are covered include what’s in the adopted version and what isn’t, and what advisors should change, when, and how.

REGED SOLUTIONS

RegEd enterprise technology supports compliance with the SEC Marketing Rule.

Enterprise Advertising Review

RegEd’s Enterprise Advertising Review solution simplifies compliance with the SEC’s marketing rule, reducing review time by more than 50%, and in some cases, by close to 80%. It also increases the accuracy and consistency of reviews. For example, Lexicon Detection automatically flags problematic keywords and phrases using firm-customized business rules while Smart DisclosuresSM detects and confirms that submission items contain the proper disclosures.

In addition to its Submission Intelligence and Intelligent Review capabilities, Enterprise Advertising Review offers a streamlined user experience, complex hierarchy management, advanced indexing and searching, and FINRA AREF integration. Scores of leading financial services firms and banks have relied on Enterprise Advertising Review to review more than 3 million marketing, advertising, and customer communications.

Policies & Procedures Management

Financial professionals and compliance staff must know what potential problems to look for when preparing or reviewing marketing or advertising materials. The SEC’s marketing rule includes regulations for social media posts, testimonials, and performance advertising, for example.

RegEd’s Policies & Procedures Management solution improves compliance by enabling comprehensive, end-to-end administration and oversight of all elements of a firm’s policies and procedures, such as how to properly prepare and review marketing or advertising materials. The solution also allows firms to link policies and procedures to rules and regulations, thereby ensuring that critical compliance information is current.

Education & Training

Identifying the most frequent advertising compliance issues for investment advisers and their representatives also helps them comply more efficiently. RegEd increases efficiency by assisting investment advisers in considering whether their advertisements are consistent with the regulations.

RegEd’s Education & Training Solution Suite offers investment adviser representative courses such as “Marketing & Advertising Communications,” which provides an overview of regulations. Additional education opportunities for IARs include a course in “Performance Advertising,” which highlights the use of past specific recommendations and necessary performance disclosures, for example.

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