The SEC’s marketing rule is designed to “comprehensively and efficiently regulate investment advisers’ marketing communications.”
Marking a step-change in expectations and recognising the role in today’s modern world of digital technologies and platforms, the new rule sets out expectations across the following key areas:
- A broader definition of what constitutes an ‘advertisement’
- A flexible, principals based approach to disclosure highlighting material risks and rewards
- Guidance on marketing activities and new regulatory considerations
- Formal guidance for use of performance in advertising
- Conditions for testimonials and endorsements
- Expanded reach to third-party communications, such as placement agents and solicitors
The SEC guidance outlines the rules, practices and expectations the regulator expects firms to follow. But in practice embedding such a change in culture and behaviour can be daunting and difficult to manage alongside other day-to-day priorities.
Based on our experience dealing with the regulator and supporting investment advisers in preparing for major change, our experts are able to support you every step of the way and ensure your marketing activities remain compliant.
Tailored support to prepare your entire organisation
While every organisation’s approach to marketing is different, the SEC will be expecting you to understand and to conform to the new rules. Our support is designed to span all levels of your organisations, ensuring everyone is aware of the expectations set against them.
We support firms by providing:
- A comprehensive tool kit, providing easy to use policy templates and marketing review checklists
- Board level training for CCOs and appropriate peers, focusing on new areas which require CCO attention, for example oversight of third parties
- Marketing training for personnel responsible for creating and distributing marketing materials
- Training for placement agents, solicitors and other third parties on the impact of the new rule to their practices
- Ongoing support to review procedures and materials, giving you compliance confidence.
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