New SEC Advertising Rule

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

Banorte advertised hypothetical performance on its public website without adopting and implementing policies and procedures reasonably designed to ensure that the hypothetical performance was relevant ...

Issues with the advertisement of hypothetical performance yielded penatlies ranging from $50,000 t0 $175,000

A peer shares a revised marketing P&P for the new SEC ad rule

RCW has obtained evidence of the division’s latest sweep and it targets advisers that engage in hypothetical performance marketing

RCW has obtained a sweep letter from SEC Enforcement staff tied to the new ad rule

A lesson for compliance officers is that if your shop doesn't pay close enough attention to the rules, your firm could wind up with a ...

Fundrise clients were not fully informed of the content creators’ financial interests in promoting Fundrise’s investment advisory services and real estate investment platform and therefore ...