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Proposed Rule2019-246512019-12-10

Investment Adviser Advertisements; Compensation for Solicitations

Securities and Exchange Commission

Abstract

The Securities and Exchange Commission (the "Commission" or the "SEC") is proposing amendments under the Investment Advisers Act of 1940 (the "Advisers Act" or the "Act") to the rules that prohibit certain investment adviser advertisements and payments to solicitors, respectively. The proposed amendments to the advertising rule reflect market developments since the rule's adoption in 1961. The proposed amendments to the solicitation rule update its coverage to reflect regulatory changes and the evolution of industry practices since we adopted the rule in 1979. The Commission is also proposing amendments to Form ADV that are designed to provide the Commission with additional information regarding advisers' advertising practices. Finally, the Commission is proposing amendments under the Advisers Act to the books and records rule, to correspond to the proposed changes to the advertising and solicitation rules.

Action & Dates

Action
Proposed rule.
Dates
Comments should be received on or before February 10, 2020.

CFR References

Topics

Reporting and recordkeeping requirementsSecurities

Public Comment

Comments Close
2020-02-10

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Securities and Exchange Commission 17 CFR Parts 275 and 279 [Release No. IA-5407; File No. S7-21-19] RIN: 3235-AM08 AGENCY: Securities and Exchange Commission. ACTION: Proposed rule. SUMMARY: The Securities and Exchange Commission (the “Commission” or the “SEC”) is proposing amendments under the Investment Advisers Act of 1940 (the “Advisers Act” or the “Act”) to the rules that prohibit certain investment adviser advertisements and payments to solicitors, respectively. The proposed amendments to the advertising rule reflect market developments since the rule's adoption in 1961. The proposed amendments to the solicitation rule update its coverage to reflect regulatory changes and the evolution of industry practices since we adopted the rule in 1979. The Commission is also proposing amendments to Form ADV that are designed to provide the Commission with additional information regarding advisers' advertising practices. Finally, the Commission is proposing amendments under the Advisers Act to the books and records rule, to correspond to the proposed changes to the advertising and solicitation rules. DATES: Comments should be received on or before February 10, 2020. ADDRESSES: Comments may be submitted by any of the following methods: Electronic Comments Use the Commission's internet comment form ( http://www.sec.gov/​rules/​proposed.shtml ); or Send an email to rule-comments@sec.gov . Please include File Number S7-21-19

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Full Document

Citation: 84 FR 67518