SEC risk alert expands marketing rule exam focus areas

The Securities and Exchange Commission (SEC) is expanding its examination focus regarding investment advisers’ compliance with its new marketing rule.

The SEC’s Division of Examinations issued a risk alert Thursday reiterating its initial areas of review for marketing rule compliance while also noting three additional areas of exam focus. The agency in September flagged its initial review focuses, which included policies and procedures, substantiation requirements, performance advertising requirements, and books and records.

The new alert adds testimonials and endorsements, third-party ratings, and Form ADV as aspects of the rule the agency will be scrutinizing.

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