This Risk Alert is intended to inform SEC-registered investment advisers, including advisers to private funds, about upcoming review areas during examinations focused on the amended Advisers Act Marketing Rule. On December 22, 2020, the SEC adopted significant reforms under the Investment Advisers Act of 1940 to modernize rules that govern investment adviser advertisements and payments to solicitors. These amendments resulted in a single rule that replaced previous advertising and cash solicitation rules. The compliance date for the amended Marketing Rule is November 4, 2022. In sharing initial examination review areas for the Marketing Rule, the Division of Examinations encourages advisers to reflect upon their own practices, policies, and procedures and to implement any appropriate modifications to their training, supervisory, oversight, and compliance programs.

View the Risk Alert:  Examinations Focused on the New Investment Adviser Marketing Rule