Advertising/Marketing

The adviser would 'periodically' have its disclosures 'reviewed and revised by WAM’s internal and external legal and compliance professionals, but those revisions did not adequately ...

While the firm's compliance policy required advertising materials to be accurate, it did not adopt procedures for compliance personnel to verify the accuracy or completeness ...

Elm Partners published on its website at https://elmweath.com/returns-view that constituted advertisements because they offered Elm Partners’ investment advisory services with regard to securities to prospective ...

Hypothetical performance is defined as performance results that were not actually achieved by any portfolio of the investment adviser

Linden Thomas disseminated hypothetical performance in advertisements to a mass audience rather than presenting hypothetical performance relevant to the likely financial situation and investment objectives ...

Macroclimate failed to save earlier versions of the relevant webpages

While advertising hypothetical performance, the adviser failed to adopt and implement P&Ps reasonably designed to ensure that the performance was relevant to the likely financial ...

This matter involves failures by MRA to comply with the Amended Marketing Rule

Because the hypothetical performance ad would be available to mass audiences, an adviser generally could not form any expectations about their financial situation or investment ...

We believe that advisers generally would not be able to include hypothetical performance in advertisements directed to a mass audience or intended for general circulation