AIMA Webinar Replay: Social Media Usage Under the SEC’s New Marketing Rule: What Fund Managers Should Know

Published: 25 February 2022

This video was recorded on February 25, 2022

 

The SEC’s Marketing Rule, released on December 22, 2020, is now past the halfway mark of the 18-month transition period toward its mandatory compliance date of November 4, 2022. The Rule – Rule 206(4)-1 under the Advisers Act – is a significant and much-needed overhaul to decades-old guidance, much of which had become outdated and a poor fit to current practices and technology.

Social media has historically been one of the most challenging marketing activities to reconcile with the existing rule. While the SEC staff had provided some limited guidance, advisers have also been faced with warnings, exam issues, and enforcement actions. The new Marketing Rule clears a path toward compliant social media communications, providing advisers greater flexibility to leverage social media to build brand awareness and communicate with their existing and prospective clients.

On Friday, February 25, join us as we review the Marketing Rule’s approach to social media usage, with attorneys Michael McGrath and Aaron Russ of K&L Gates and Juliet Han of the Securities and Exchange Commission, all of whom have deep knowledge of the Marketing Rule and its predecessor regulation.

During the webinar, we will discuss how the rule addresses social media usage by advisers going forward, whether “likes”/comments/retweets, third-party activity, employee communications, recordkeeping obligations, or private offering restrictions. Audience questions are welcome and encouraged.

We hope you will join us for this timely and informative session. 

Panelists:

  • Juliet Han, Senior Counsel, Division of Investment Management, SEC
  • Mike McGrath, CFA, Partner, K&L Gates
  • Aaron Russ, Associate, K&L Gates

Moderator:

  • Suzan Rose, Senior Advisor, Government & Regulatory Affairs, AIMA

 



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