As new SEC marketing rule takes effect, many questions remain
By 
Aaron Nicodemus2022-11-04T18:29:00
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.
Related articles
-
PremiumSurvey: Investment adviser compliance ramps up testing on advertising, marketing
The most popular mock exams conducted by compliance professionals at investment adviser firms this year have been on the Securities and Exchange Commission’s advertising/marketing rule, according to a new poll.
-
News Brief
SEC risk alert expands marketing rule exam focus areas
The Securities and Exchange Commission is expanding its examination focus regarding investment advisers’ compliance with its new marketing rule.
-
News Brief
SEC warns newly registered advisers of overburdening CCOs
Investment advisers newly registering with the SEC have been observed not devoting sufficient resources to their chief compliance officers, sometimes ladling additional responsibilities on the role that take away from time to focus on compliance.
More from Regulatory Policy
-
ArticleNavigating HHS and FDA’s overhaul of the food and beverage industry
Under the Trump administration, the Department of Health and Human Services and the Food and Drug Administration have been hellbent on eliminating synthetic food dyes from food and beverage products, forcing a jarring and costly overhaul with cascading impacts on the operations of the entire industry.
-
PremiumU.K. FCA establishes framework for unlisted companies to trade shares on a ‘buyer-beware’ basis
Private companies that are keen to trade their shares but do not wish to become listed have gained another way to trade their shares. The U.K. government completed its initial review and published rules for the system in June.
-
ArticleDOJ is ramping up, not ramping down, health care fraud enforcement
While the Trump administration may have shifted away from pursuing small, white-collar, financial crimes, its focus on health care fraud cases is as hot as ever.