Eleven "Top of Mind" Questions and Misconceptions Surrounding the New Marketing Rule
“Eleven ‘Top of Mind’ Questions and Misconceptions Surrounding the New Marketing Rule,” an article by Akin Gump investment management partners Brian Daly and Barbara Niederkofler and senior regulatory counsel Alexandra Delman, has been published by Private Equity Law Report.
The authors write on the December 2020 changes made by the Securities and Exchange Commission (SEC) to Rule 206(4)-1 under the Investment Advisers Act in order to modernize the regulatory framework for investment advisers’ advertising and marketing practices, also known as the Marketing Rule. They note that “nearly as many open questions remain about the Marketing Rule with almost eight months to go [before the end of the transition period in November] as there were at the time of its adoption.”
Given that the SEC, they write, “has not given any indication that it will issue additional guidance on the Marketing Rule, it is critical for private fund managers to thoughtfully consider how they will comply and to work closely with their counsel on their individual transition plans.”
The article then identifies 11 of the most common unanswered questions and areas of confusion that private fund managers have faced as they ready for compliance with the Marketing Rule.
To read the full article, click here.
