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ARTICLE · 06 OCTOBER 2022

SEC Marketing Rule: A 30-Day Compliance Plan

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The substantive provisions of the new Marketing Rule come into effect for all private fund managers, fund sponsors and other investment advisers registered with the U.S. Securities and Exchange...

United StatesFinance and Banking
Brian T. Daly
Brian T. Daly
Jason M. Daniel
Jason M. Daniel
Barbara Niederkofler
Barbara Niederkofler
William K. Wetmore
William K. Wetmore
Brian P. Rafferty
Brian P. Rafferty
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The substantive provisions of the new Marketing Rule come into effect for all private fund managers, fund sponsors and other investment advisers registered with the U.S. Securities and Exchange Commission in one month (i.e., on November 4, 2022).

  • The bad news is that few advisers are prepared to comply with this rule, notwithstanding the 18- month transition period provided for in the rule.
  • The good news is that all advisers can take some comfort in the fact that they are not alone in this final sprint to compliance.

It is essential, however, that all registered investment advisers formulate and execute on a compliance plan.

Here are some points to consider and include in such a plan and a suggested timeline for RIAs over the next several weeks:

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