SEC Actions

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

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 ...

YieldStreet later determined that the Borrower had stolen the deconstruction proceeds for several ships, including the ship securing the loan in the Vessel Deconstruction VI ...

This final rule creates six new Advisers Act rules and modifies two others and becomes effective Nov. 13, 2023

The SEC's exam division releases this risk alert "so that advisers may prepare themselves for an examination"