DJIA38904.04 307.06
S&P 5005204.34 57.13
NASDAQ16248.52 199.44
Russell 20002060.10 8.70
German DAX18163.94 -238.49
FTSE 1007911.16 -64.73
CAC 408061.31 -90.24
EuroStoxx 505013.35 -57.20
Nikkei 22538992.08 -781.06
Hang Seng16723.92 -1.18
Shanghai Comp3069.30 -5.66
KOSPI2714.21 -27.79
Bloomberg Comm IDX102.90 0.64
WTI Crude-fut91.17 0.01
Brent Crude-fut86.57 1.15
Natural Gas1.79 0.00
Gasoline-fut2.79 -0.01
Gold-fut2345.40 33.50
Silver-fut27.50 0.46
Platinum-fut940.60 -5.50
Palladium-fut1007.40 -23.60
Copper-fut423.60 1.85
Aluminum-spot1815.00 0.00
Coffee-fut212.50 5.75
Soybeans-fut1185.00 5.00
Wheat-fut567.25 11.00
Bitcoin67976.00 304.00
Ethereum USD3328.10 56.27
Litecoin98.71 0.69
Dogecoin0.18 0.00
EUR/USD1.0862 0.0007
USD/JPY151.72 -0.02
GBP/USD1.2678 0.0016
USD/CHF0.9044 -0.0014
USD IDX104.28 0.08
US 10-Yr TR4.4 0.091
GER 10-Yr TR2.406 0.007
UK 10-Yr TR4.064 -0.005
JAP 10-Yr TR0.771 -0.004
Fed Funds5.5 0
SOFR5.32 0

Sub Markets

Topics

Markets  + Economy  + Financial Advisory  + Latest News  + Regulation  + RIAs & Financial Advisors  + Wealth Management  | 
SEC Risk Alert Identifies Marketing Rule Lapses

SEC Risk Alert Identifies Marketing Rule Lapses 

The Securities and Exchange Commission (SEC) determined that while investment advisory firms have generally succeeded in developing systems to comply with the agency’s amended marketing rule, adopted in December 2020, some have fallen shy in ensuring compliance. 

The Division of Examinations stated that it discovered some firms’ policies and procedures were “not reasonably designed or implemented to address compliance with the marketing rule,” resulting in gaps in preventing marketing rule and/or books and records rule violations, in a risk alert issued Wednesday. 

The regulator also found flaws in Form ADV submissions, particularly those involving third-party ratings, performance results, and hypothetical performance. Some submissions made obsolete references to the SEC’s prior cash solicitation rule. 

SEC staff also identified instances in which investment advisers used prohibited advertising material, such as containing an untrue statement of material fact, omitting a material fact required to make a statement, and making a material statement that the adviser may be unable to substantiate when questioned by an examiner. 

The SEC stated that it discovered advertisements that had deceptive information that might lead an investor to an incorrect conclusion, contained performance claims that were either misleading or erroneous, or did not give a fair and balanced presentation of important risks and restrictions. 

Examples of unfounded or misleading claims included consultants “‘seen on’ national media” without revealing that their appearances were paid commercials, celebrity endorsements, and SEC endorsements or implied endorsements in which the agency’s emblem was utilized in marketing materials. 

“In sharing these staff observations, the Division encourages advisors to reflect upon their own practices, policies, and procedures and to implement any appropriate modifications to their training, supervisory, oversight, and compliance programs, the risk alert stated. 

Last year, the SEC conducted a targeted sweep for violations of the amended marketing rule, fining nine RIAs $850,000. Earlier this month, the regulator settled charges against five more RIAs for violating the rule, ordering them to pay a combined $200,000 in fines. 

Connect

Inside The Story

SEC

About Joe Palmisano

Joe Palmisano is Editorial Director for Connect Money, where he brings nearly three decades experience of market insights as a financial journalist, analyst and senior portfolio manager for leading financial publications, advisory firms, and hedge funds. In his role as Editorial Director, Joe is responsible for the selection of content and creation of daily business news covering the financial markets, including Alternative Assets, Direct Investment and Financial Advisory services. Before joining Connect Money, Joe was a financial journalist for the Wall Street Journal, regularly publishing feature stories and trend pieces on the foreign exchange, global fixed income and equity markets. Joe parlayed his experience as a financial journalist into roles as a Senior Research Analyst and Portfolio Manager, writing daily and weekly market analysis and managing a FX and US equity portfolio. Joe was also a contributing writer for industry magazines and publications, including SFO Magazine and the CMT Association. Joe earned a B.S.B.A. in Finance from The American University. He holds the Chartered Market Technician (CMT) designation and is a member of the CFA Institute.