SEC Releases Guidance on Compliance with The Investment Adviser Marketing Rule

Posted on March 31st, 2021 at 10:02 AM

From the Desk of Jim Eccleston at Eccleston Law LLC:

The Securities and Exchange Commission (SEC) released guidance concerning industry advisor's compliance with the new Investment Adviser Marketing rule.

The SEC fielded a question on whether advisors can comply with "some of the marketing rule requirements" before the Nov. 4, 2022 compliance date, which is 18 months after the rule's effective date, "but not comply with others."

According to the SEC, an advisor may not cease complying with the previous advertising rule and instead abide by the amended marketing rule while relying on the previous cash solicitation rule. The new rule creates a single rule that replaces the current Advertising and Cash Solicitation Rules. 

The SEC also cautioned advisors to review their compliance policies and procedures in light of regulatory developments, including adopting the amended marketing rule. When advisors transition to the amended marketing rule, "they will need to implement any revisions to the written compliance policies and procedures necessary so that they prevent violations of the amended marketing rule."

Advisors are also required to maintain copies of all compliance policies and procedures in effect at any time within the previous five years. Compliance will also require advisors to articulate clearly when those policies and procedures were in effect. 

One key takeaway is that until firms transition to the amended marketing rule, they need to remain compliant with the current advertising and cash solicitation rules. Firms planning to transition should develop and implement documented strategies to convert to compliance with the amended marketing rule. 

Eccleston Law LLC represents financial advisors nationwide. Please contact us to discuss any issues that you may have.

Tags: eccleston, eccleston law, sec, compliance

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