On Dec. 22, 2020 the Securities and Exchange Commission announced it had finalized reforms under the Investment Advisers Act to modernize the SEC’s marketing rule that govern investment adviser advertisements and payments to solicitors. The amendments create a single rule that replaces the current advertising and cash solicitation rules. The final rule is designed to comprehensively and efficiently regulate investment advisers’ marketing communications.
During RIA Compliance Consultants’ January 28, 2021 webinar, our Senior Compliance Consultants will discuss this rule’s requirements and how they will affect registered investment advisers. We will present this webinar live through Zoom on Thursday, January 28, 2021 at 12:00 PM CT. A recording of this webinar will be made available the week of February 1, 2021.
Click the following link to read the SEC’s Press Release about the SEC’s adoption of the Modernized Marketing Rule for Investment Advisers https://www.sec.gov/news/press-release/2020-334 .
Click the following link to read RIA Compliance Consultants’ recent blog post about the SEC’s New Marketing Rule: https://www.ria-compliance-consultants.com/2021/01/sec_new_marketing_rule_for_investment_advisers/ .
Click the following link for the frequently asked questions about the SEC’s new Marketing Rule: https://whttps://www.ria-compliance-consultants.com/the_regulatory_maze/ww.ria-compliance-consultants.com/https-www-ria-faqs_sec_marketing_rule_for_investment_advisers/ .
The rule replaces the current advertising rule’s broadly drawn limitations with principles-based provisions designed to accommodate the continual evolution and interplay of technology and advice, and includes tailored requirements for certain types of advertisements. For example, the rule will require advisers to standardize certain parts of a performance presentation in order to help investors evaluate and compare investment opportunities, and will include tailored requirements for certain types of performance presentations. Advertisements that include third-party ratings will be required to include specific disclosures to prevent them from being misleading. The rule also will permit the use of testimonials and endorsements, which include traditional referral and solicitation activity, subject to certain conditions.
“The marketing rule reflects important updates to the traditional advertising and solicitation regimes, which have not been amended for decades, despite our evolving financial markets and technology,” said Chairman Jay Clayton.
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This presentation is offered for educational purposes only and should not be considered an engagement with Presenter or Sponsor. This presentation should not be considered a comprehensive review or analysis of the topics discussed today. These materials are not a substitute for consulting with an attorney or compliance consultant in a one-on-one context whereby all the facts of your situation can be considered in their entirety.
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Information provide during this presentation relates solely to the Investment Advisers Act of 1940 and the rules thereunder and, at times, we may reference similar state securities rules and regulations specific to registration as an investment adviser. Certain circumstances or arrangements you may have may warrant you to consider other regulations that may apply including, but not limited to: the Investment Company Act of 1940; the Securities Act of 1933; the Securities Exchange Act of 1934; ERISA and other Department of Labor regulations; federal or state laws and regulations and self-regulatory (e.g., FINRA) rules for broker-dealers and registered representatives/securities agents of broker-dealers; and state insurance rules and regulations. The Sponsor of this presentation does not provide any advice or consulting services outside the scope of the Investment Advisers Act of 1940 or similar investment adviser state securities rules and regulations. If you need advice regarding any other rules or regulations, the Sponsor recommends that you consult with an attorney or consultant that specializes in those specific rules or regulations.
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