As new SEC marketing rule takes effect, many questions remain

The 18-month probationary period for the new Securities and Exchange Commission (SEC) marketing rule for investment advisers has expired and compliance with the rule is now mandatory.

The rule, which was promulgated and passed in December 2020, will be enforced by the SEC beginning Nov. 4. The rule combines and replaces the SEC’s advertising and cash solicitation rules, setting new requirements that govern investment adviser advertisements and payments to solicitors.

The rule allows certain types of marketing, advertising, endorsements, and testimonials that were previously either prohibited by the SEC or so difficult to comply with that they were effectively banned.

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