How to Approach Marketing Material Reviews

Publishing marketing materials that are subject to Rule 206(4)‑1 under the Investment Advisers Act of 1940 (Marketing Rule) brings a new level of risk to firms, and reviewing those materials can be complex and time consuming. There are steps that legal and compliance departments can take, however, to efficiently create a review process that brings those materials into alignment with Marketing Rule requirements by leveraging technology and adopting a business-minded approach to find solutions. A recent panel at the CFA Institute’s (CFA) 28th Annual Global Investment Performance Standards Conference, entitled “Marketing Material Reviews Dos and Don’ts,” provided three different perspectives on how to mitigate risks around marketing materials. The program was moderated by Karyn D. Vincent, senior head, global industry standards at CFA, and featured Johanna Anders, head of regulatory compliance at Harris Associates; Janice Kitzman, partner at Cascade Compliance; and Christine Ayako Schleppegrell, partner at Morgan Lewis. This article summarizes the key takeaways for private fund managers. For coverage of other CFA events related to the Marketing Rule, see our two-part series: “Reconsidering Key Marketing Rule Terminology and Performance Presentation Criteria” (Dec. 14, 2023); and “Parsing the Parameters and Ambiguity of Using Hypothetical Performance Under the Marketing Rule” (Jan. 11, 2024).

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