The Commission has significantly expanded their scope and request of items pertaining to advisers’ marketing content. We have recently gone through a number of exams with our investment advisory clients and wanted to provide some insight on what to expect from your own future examinations.
Below you will find a sample request list from the examiners:
- Marketing Materials – A copy of all advertisements and marketing materials distributed, presented, or made available to more than one Client or prospective Client.
- Requests for Proposals – A list of all responses to requests for proposals (“RFPs”) and due diligence questionnaires(“DDQs”) completed.
- Seminars or Conferences – A list of all seminars or conferences that the Adviser sponsored or presented.
- Public Audio and Video Programs – A list of instances where the Adviser or its Supervised Persons appeared on television or online videos, or were heard on the radio or podcasts.
- Client Meeting Materials – All materials presented or distributed to Clients in any annual or special meetings held with Clients.
- Client Presentations – A log of all presentations provided to existing or prospective Clients.
- Newsletters and Other Client Communications – A copy of any Communication distributed to more than ten current or prospective Clients.
- Solicitors (Promoters) – A list of all parties compensated (through cash or non-cash benefits) for referring Clients to the Adviser.
- Performance – The annualized performance returns for each client accounts.
- Composites – A list of all current and terminated performance return composites.
The SEC3 compliance consulting team can assist with walking you through your next regulatory examination. Our team of experienced professions will provide guidance and support with the preparation for and oversight of the examination from start to finish. For more information, please contact us at info@seccc.com, at (212) 706-4029 x 229 or visit us on our website at www.seccc.com.
For over two decades, we have been providing compliance consulting services and servicing as outsourced Chief Compliance Officers. Our professionals have served as SEC regulators and in senior leadership, guiding the industry’s principal compliance association. Our consultants also have hands-on industry experience as chief compliance officers, experienced securities attorneys and senior management of investment advisers, broker-dealers and fund administrators.
What can SEC3 do for you?
SEC3 offers an extensive suite of customizable compliance services for investment advisers, private fund advisers, CPOs, CTAs, investment companies, institutional investors and broker-dealers which can complement your internal compliance program on a one-time or recurring basis depending on your needs.
Call us today at (212) 706-4029 x 229, or shoot us an email at info@SEC3compliance.com so we can set up a time for one of our consultants to discuss your needs and how we can help.
