Here is a checklist of certain “to do” items for SEC-registered advisers to consider to come into compliance with the Marketing Rule on November 4, 2022:
- Review any existing marketing materials (including any websites and social media posts) to be used in the future (including those for any private funds) to determine whether they comply with the requirements under the new Marketing Rule
- Determine if there are factual statements in any marketing materials that have not been substantiated by references or backup documentation
- Determine if all performance results include results presented “net of fees” and determine if net performance results are calculated properly
The complete list of recommended “To Do’s” can be found here.