After approximately 16 years of publication, today is our final official edition of Corporate & Financial Weekly Digest. On behalf of our attorneys, editors and all of our authors, we are proud to have been a reliable source on trending legal issues. Please stay tuned, as Katten will continue to provide timely, educational updates
Mark D. Goldstein
SEC Proposes Changes to the Advertising and Cash Solicitation Rules for Investment Advisers
On November 4, the Securities and Exchange Commission announced that it voted to propose amendments to modernize the rules under the Investment Advisers Act of 1940 (Advisers Act) addressing investment adviser advertisements and payments to solicitors. According to the SEC, the “proposed amendments to the advertising rule (Rule 206(4)-1 under the Advisers Act) would replace the current rule’s broadly drawn limitations with principles-based provisions,” and would permit the use of testimonials, endorsements and third-party ratings, subject to certain conditions. The proposed rule also would include tailored requirements for the presentation of performance results based on an advertisement’s intended audience.
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Registered Investment Advisers Take Note: New SEC Custody Rule Guidance
Registered investment advisers should take note of recent pronouncements by the staff of the SEC’s Division of Investment Management (the Division) regarding Rule 206(4)-2 (the Custody Rule) of the Investment Advisers Act of 1940. The Division makes clear that many advisers may unwittingly have custody of client assets under the Custody Rule. Investment advisers should…