The SEC Renews its Emphasis on Compliance with the New Marketing Rule

On June 8, 2023, the Securities and Exchange Commission’s (“SEC”) Division of Examinations (“Division”) released a risk alert (the “Risk Alert”) outlining the SEC’s broadened examination priorities with respect to revised Rule 206(4)-1 (the “Marketing Rule”) under the Investment Advisers Act of 1940 (the “Advisers Act”).  The Marketing Rule, which became effective on May 4, 2021, with a compliance deadline of November 4, 2022, significantly reformed old advertising-related rules, and codified numerous SEC no-action letters previously applicable to registered investment advisers’ marketing practices.

Initial Marketing Rule Exam Areas of Review

The Risk Alert expands upon another SEC risk alert issued by the Division on September 19, 2022 (the “September 2022 Risk Alert”), which highlighted the following four examination focus areas with respect to the Marketing Rule:

  • Marketing Rule Policies and Procedures (i.e., have advisers adopted and implemented written policies and procedures reasonably designed to prevent violations of the Advisers Act and the rules thereunder, including the Marketing Rule);
  • Substantiation Requirements (i.e., do advisers have a reasonable basis for believing they will be able to substantiate material statements of facts in advertisements upon demand by the SEC, including claims about performance);
  • Performance Advertising Requirements (i.e., are advisers in compliance with the performance advertising requirements under the Marketing Rule, including with respect to “predecessor,” “extracted,” and “hypothetical” performance); and
  • Books and Records (i.e., are advisers in compliance with the recordkeeping requirements of Rule 204-2 under the Advisers Act, including with respect to advertisements disseminated to prospective investors and clients).

Continuing Review for Compliance with Marketing Rule General Prohibitions

In the Risk Alert, the SEC indicated it has focused, and would continue to focus, on whether advisers have complied with the general principles-based prohibitions under the Marketing Rule. Those prohibitions include, but are not limited

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Compliance Benchmarks LLC announces 2023 ITAD Marketplace Advertising and marketing and Advertising and marketing Initiative

Compliance Criteria LLC announces its ITAD industry’s 2023 marketing marketing campaign, to showcase ITAD finest observe and to promote major ITAD firms.

BOSTON, MA, United states of america, February 8, 2023 / — Compliance Expectations LLC is pleased to announce the launch of the ITAD industry’s 2023 promoting and promoting campaign titled “The ITAD Academy 2023.” The campaign aims at showcasing best procedures in IT asset disposition in organization and at advertising and marketing major ITAD businesses.

ITAD.Academy 2023’s three most important targets consist of:

1- Educating IT leaders and managers on the suitable IT asset disposition techniques.
2- Marketing the top rated models of major services companies
3- Helping ITAD providers introduce their choices to organization IT leaders.

This calendar year, Compliance Benchmarks will get the job done with foremost media partners to endorse the campaign and attain a broad viewers of CIOs, IT professionals, procurement officers, and other folks. Through the subsequent 4 quarters, Compliance Benchmarks will alternate among media shops to reach a broad selection of IT conclusion makers.

Compliance Benchmarks will use 4 unique internet marketing tools to accomplish the above outlined objected:

1- The CS Guide Capture Platform
2- CS’ ITAD Management Model Advertising
3- CS Publishing
4- Immediate Advertising and Messaging

The campaign will be rolled out on the quarterly foundation, with sponsors specified the option to contribute to any campaign’s size to accommodate their go-to-market tactic, spending plan and other requirements.

To come across out additional, remember to check out marketing-coalition/ or to discuss to a Compliance Expectations, make sure you book an analyst below:

To talk about the upcoming marketing campaign, Compliance Criteria will maintain of a Zoom meeting contact on Thursday, February 16, 2023, at 2:00 PM japanese time. Throughout the simply

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