What Is the SEC Marketing Rule (Rule 206(4)-1)?
The Marketing Rule consolidated decades-old advertising and solicitation regulations into a single, principles-based framework. It applies to any communication an adviser makes to more than one person that offers investment advisory services — which in practice covers websites, social media, email campaigns, pitch decks, and client newsletters.
At its core, the rule prohibits advertisements that are false or misleading, and it sets specific conditions under which advisers can use testimonials, endorsements, third-party ratings, and performance data. Firms are required to have a documented review and approval process for marketing materials before they go out, and to keep records showing that process was followed.