Navigating the SEC’s New Marketing Rule

The SEC’s new marketing rule (Marketing Rule) replaces the 1961 advertising rule and the 1979 cash solicitation rule. A recent ACA Group program analyzed the key provisions of the Marketing Rule – along with its similarities to, and differences from, the existing regime – and offered practical insights on preparing marketing materials in accordance with the new rule. The program featured David W. Blass, partner at Simpson Thacher; Jeffrey Himstreet, vice president and corporate counsel at Prudential; and Julia Reyes and Kimberly Versace, respectively partner and director at ACA Group. This article outlines the key takeaways from the presentation. See our two-part series on the Marketing Rule: “Key Takeaways for Private Fund Managers” (Mar. 18, 2021); and “Next Steps for Legal and Compliance” (Mar. 25, 2021).

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