Published on Nov 16th, 2023 |

Complying with the Marketing Rule 1 Year Later | Thayne Gould Insights

Vigilant Insights


It has been just over a year since the compliance date for the Marketing Rule. Since then, there have been multiple enforcements by the SEC which have provided some insight into the SEC’s current priorities.

Many Firms are wondering if their Marketing Review Procedures meet industry standards.

Vigilant Director, Thayne Gould, provided in-depth insights and analysis on Wealth Solutions Report outlining important steps for complying with the Rule.

3 Keys for Success

3 Keys for Success

  1. Maintain Accurate Records for SEC Requests
    • Marketing Policies and Procedures (Pre and Post Compliance with the Rule).
    • How your Firm transitioned into the new Rule.
    • Examples of materials used before and after Compliance with the Rule.
    • Examples of materials revised or retired due to the Rule.
  2. Create an Efficient Internal Review Process
    • Use Compliance Software that facilitates an efficient process and maintains records.
    • Consider software and job aids that help facilitate the transition of Marketing Material to new standards.
    • Ensure integrity and access to data backups that support performance calculations.
  3. Remember Important Performance and other Requirements
    • Ensure that performance data complies with SEC requirements regarding Gross, Net, Related, Predecessor, and Hypothetical Performance.
    • Assess any use of Testimonials or Third-Party Ratings because there are important disclosure requirements.
    • Case studies should be chosen based on strong rationales, and important material information must be disclosed.

Vigilant's Conclusion

Vigilant’s Conclusion

As the SEC continues to investigate how Firms have complied with the new Marketing Rule, it is vital that Firms evaluate and remediate their Marketing Procedures, if required.

This area of compliance typically requires significant resources and time commitment to stay up to date with regulatory announcements and decisions.

A streamlined Outsourced Advertising and Marketing Review team can lift some of that regulatory burden off your team, and allow you to focus on your business goals.

Reach out to us today to help you improve your Advertising and Marketing Review process.

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