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What is the SEC marketing rule?

The SEC marketing rule, Rule 206(4)-1 under the Investment Advisers Act of 1940, governs how registered investment advisers advertise, prohibiting misleading content and setting specific conditions for performance, testimonials, endorsements and third-party ratings.

What the rule requires

The rule's seven general prohibitions include untrue statements, unsubstantiated claims and benefits discussed without fair treatment of the risks. Gross performance must be shown with net performance, most portfolios' results must cover 1-, 5- and 10-year periods and hypothetical performance needs policies ensuring it suits its audience. Testimonials, endorsements and third-party ratings are allowed with the required disclosures and oversight.

What counts as an advertisement

An advertisement is broadly any communication offering the adviser's services to more than one person, such as a website, social media post or newsletter, plus any testimonial or endorsement the adviser pays for. One-on-one communications are generally excluded unless they include hypothetical performance.

Where the work is

The SEC has brought a series of enforcement actions under the rule, many over performance advertising and testimonials. Each advertisement has to be kept on file, and most firms' policies require it to be reviewed first, which a small compliance team struggles to do carefully at volume.

Where automation helps

Automation reads each piece against the rule and the firm's policy and lists every issue with its passage and a suggested change, keeping a record of the review. The compliance officer decides on that prepared review rather than reading from scratch.

Find out whether this work is worth automating in your business.

A 30-minute call with an engineer usually shows whether there is something worth building in your business, and if there is not, we will say so.