SEC Marketing Rule Insights and Alerts

The SEC has finalized the long-awaited overhaul of the Advertising Rule.

The new Marketing Rule was approved on December 22, 2020 and is intended to modernize the framework for investment adviser advertising and replace the patchwork of cases, no-action letters and SEC staff guidance that has developed in this area since the rule was first adopted in 1961.

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Featured solution

Marketing Rule Gap Analysis

Assists your firm in assessing the gaps between current marketing and advertising practices and the new Marketing Rule.

  • Customized training covers and defines many of the key definitions and notable changes.
  • Review marketing practices, materials, and policies and procedures to identify areas that may require changes.
  • Review and classify performance metrics under hypothetical, extracted, predecessor/portable, and related performance categories.
  • Receive a summary report and project plan for implementing the new rule.

Implementing the SEC's New Marketing Rule in 2022

At our Fall 2021 Virtual Conference, we asked attendees about their priorities and approach to implementing the SEC's New Marketing Rule.

Top priority for 2022

#1

marketing & advertising will be the top priority of firms in 2022

Timeline for adoption

69%

are reviewing the rule now or planned to do so soon

Top concerns

62%

are worried about updating manuals, revising materials, performance, and implementation

Our solutions

ACA can help you understand the requirements of the Marketing Rule as they relate to your business and help you prepare for new regulation.

Assists your firm in navigating the evolving regulatory landscape while considering the complexity of your unique compliance requirements.

Marketing Rule Gap Analysis and Implementation Support

Assists your firm in assessing the gaps between current marketing and advertising practices and the new Marketing Rule.

Assists your firm in meeting the new requirement pertaining to marketing related performance by providing a technology solution that will conduct outlier analysis, strategy drift analytics, and scoring metrics.

Helps your marketing and legal teams easily manage workflows for submitting, reviewing, approving, and archiving marketing and advertising materials.

Allows your firm to significantly reduce the amount of time and resources devoted to the marketing and advertising review process. ACA can step in during periods of high volume or assist with enhancing collateral review workflows and protocols.

Customized Training

Provides your firm with customized trainings that cover and define many of the key definitions within the new Marketing Rule.

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On demand webcasts

The New Marketing Rule: A Focus on Performance

Join ACA and K&L Gates for a detailed explanation of the specific performance requirements, how they differ from prior no-action letters, and what steps a firm should take now in order to be ready by the deadline.

Webcast

FAQs: Amendments to the Marketing & Advertising Rule

Join ACA for a complimentary webcast in which we'll provide answers to the most frequently asked questions we've received in response to the new marketing rule and its implications.

Webcast

Get Ready to Comply: SEC Marketing Rule Preparation Timeline

The compliance date for the SEC's New Marketing Rule is November 4, 2022. With 1 year to go, ACA’s team of experts have put together a suggested preparation timeline guide to help firms prepare to implement the changes necessary to comply.

Webcast

Latest insights and alerts

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The New Marketing Rule’s Impact on the Presentation of Performance

The long-awaited modernization of the Marketing Rule was added to the Federal Register on March 5, 2021. Not only does the final marketing rule consolidate the advertising and cash solicitation rules, it also (among other things) categorizes certain considerations for presenting investment performance, effectively streamlining guidance currently found across multiple staff letters.

Article
  • SEC Advertising Rule
  • Performance
  • Compliance

SEC Adopts New Marketing Rule for Investment Advisers

The U.S. Securities and Exchange Commission (SEC) has finalized the long-awaited overhaul of the Advertising Rule (Rule 206(4)-1 under the Investment Advisers Act of 1940 (Advisers Act)).

Article
  • Compliance
  • SEC Advertising Rule

SEC Proposes Expansive Changes to Marketing and Advertising Rules

In an effort to ensure that the regulations applying to investment advisers remain relevant in the digital age, the staff of the SEC announced significant changes to the rules and guidance surrounding the marketing and advertising activities of registered investment advisers and the engagement of solicitors. Read our compliance alert to learn more.

Compliance Alert
  • Compliance
  • SEC Advertising Rule