SEC Announces Expanded Scope of Marketing Rule Compliance Exams for Investment Advisers

Posted on June 13th, 2023 at 2:08 PM
SEC Announces Expanded Scope of Marketing Rule Compliance Exams for Investment Advisers

From the desk of Jim Eccleston at Eccleston Law 

The Securities and Exchange Commission (SEC) recently released a risk alert announcing that examiners now will broaden their focus when reviewing firms' compliance with a marketing rule that took effect in November. The rule was intended to modernize the SEC's former advertising and cash solicitation rules.

The Commission will add three new focus areas for examiners: testimonials and endorsements, third-party ratings, and Form ADV filings. The SEC will continue to look for deficiencies highlighted in a September marketing examination risk alert, according to AdvisorHub. The September risk alert highlighted whether firms have compliance policies and procedures and were properly marketing performance track records.

The SEC's risk alert informed investment advisers to ensure that they are clearly disclosing who is leaving a testimonial and if they were delivered by a client, investor, or someone who was paid to do so according to the alert.

SEC examiners are now paying close attention to how firms disclose third-party ratings. They want to make sure that firms properly identify who is providing the ratings and if there are any conflicts of interest. Additionally, firms and advisers must be careful when using surveys or questions to obtain ratings, ensuring they are not biased to only generate positive responses. Lastly, the Commission is ensuring that firms have updated Form ADVs to “provide additional information” on marketing practices to meet the new requirements.” The staff will review whether advisers accurately completed those questions in their annual Form ADV amendments.

 

Eccleston Law LLC represents investors, investment advisers, and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.

Tags: eccleston, eccleston law

Return to Archive

TESTIMONIALS

Previous
Next

If the regulators are after you, and are trying to make a case against you, and you are going to contest their allegations against you, make sure you have the best securities industry defense lawyers, Eccleston Law Firm. My case was spun into a combination of penalties including fines, cash settlements, CE courses and suspension. They were the best I have seen in action. When all was said and done, they had done their magic, my situation was negotiated and settled with a simple "letter of caution" and a case closed without action. It is the most important legal business decision you will ever make, make it Eccleston Law.

Rick R.

LATEST NEWS AND ARTICLES

December 22, 2025
FINRA Overhauls Arbitration Rules to Rebalance Arbitrator Selection and Codify Forum Practices

The Financial Industry Regulatory Authority (FINRA) has approved significant amendments to its Codes of Arbitration Procedure designed to rebalance public arbitrator selection, increase transparency, and formalize several long-standing practices in the arbitration forum.

December 19, 2025
Industry Groups Press Senate at Advance Financial Exploitation Prevention Act

Several industry associations are urging the U.S. Senate to pass the Financial Exploitation Prevention Act, legislation that would allow mutual fund companies and their transfer agents to delay redemptions when they reasonably suspect elder financial abuse.

December 18, 2025
UBS Warns of Rising Default Risk in Private Credit

A UBS report signals that credit stress likely will intensify next year as borrowers confront inflation, elevated interest costs, and softening consumer conditions.