On June 14, 2024, the SEC announced an enforcement action settlement with a Pennsylvania-based hedge fund manager for violating the Marketing Rule under the Investment Advisers Act. The SEC found that the adviser had misled...more
On November 13, 2023, FINRA filed with the SEC a proposal to amendment to Rule 2210 that would create a tailored exception from the general prohibition on projections in marketing materials and other communications with...more
11/29/2023
/ Financial Industry Regulatory Authority (FINRA) ,
Institutional Investment ,
Institutional Investors ,
Investment Company Act of 1940 ,
Marketing ,
Offering Communications ,
Proposed Amendments ,
Qualified Purchaser ,
Regulatory Agenda ,
Rule 2210 ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
On November 4, 2022, compliance with amended Rule 206(4)-1 (the “Marketing Rule”) became mandatory for all investment advisers registered with the Securities and Exchange Commission (the “SEC”). Seven months since the...more
The SEC staff has issued an FAQ related to amended Rule 206(4)-1 under the Investment Advisers Act (the “Marketing Rule”) clarifying that the net/gross rules apply to extracted performance that may consist of returns of...more
In the late fall of 2020, the SEC implemented rule amendments which created a single rule, the Marketing Rule, that replaces the current Advertising and Cash Solicitation Rules. The Marketing Rule represents both significant...more
10/14/2022
/ Advertising ,
Anti-Fraud Provisions ,
Cash Solicitation Rule ,
Compliance ,
Disclosure Requirements ,
Endorsements ,
Enforcement ,
Exempt Reporting Advisers (ERAs) ,
Marketing ,
New Rules ,
Securities and Exchange Commission (SEC) ,
Solicitation
On Monday, September 19, 2022, the SEC’s Division of Examinations issued a Risk Alert announcing their intent to conduct targeted reviews of registered investment advisers regarding compliance with amended Advisers Act Rule...more
9/23/2022
/ Advertising ,
Amended Rules ,
Compliance ,
Investment Advisers Act of 1940 ,
Marketing ,
New Rules ,
Policies and Procedures ,
Recordkeeping Requirements ,
Registered Investment Advisors ,
Risk Alert ,
Securities and Exchange Commission (SEC)