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The Securities and Exchange Commission (SEC) and state regulatory authorities pay particular attention to an investment adviser’s marketing and advertising of its services and performance to current and prospective clients.  The category of marketing and advertising is always ranked high on the list of compliance priorities published by the SEC’s Office of Compliance Inspections and Examinations (OCIE), and problems and deficiencies with advisor materials is a frequent focal point for examiners and deficiency letters.  Hirschler Fleischer's RIA Primer steps you through the basic concepts and rules governing adviser advertising and marketing, laying out the framework in which an adviser must operate when promoting its products and services.  Topics include the use of testimonials, social media, past recommendations, performance advertising and charts, graphs and tables.  Upon reviewing this basic guide, an adviser should consult with its legal counsel to determine how these fundamental rules apply to its business.

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Luis F. Ruiz

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