SEC Marketing Rule
How the SEC Marketing Rule impacts advisor marketing—and how Poseidon designs content so you stay compliant.
Under the SEC Marketing Rule (effective since late 2022), any public or semi-public communication you use to promote advisory services — from your website to social posts, emails, testimonials, or awards — counts as an “advertisement” under SEC rules.
That means (a) you must avoid misleading or unsubstantiated claims, (b) you must include proper disclosures if you use testimonials, endorsements, or third-party ratings, and (c) you must keep full records of every message and marketing asset.
With proper disclosures and compliance
Permitted with methodology disclosure
Clear disclosures required for compensation
The SEC loosened many restrictions and created new compliance requirements in the same stroke. Here is where the line sits.
Client testimonials are allowed, as long as you include clear disclosures about compensation, conflicts of interest, and whether the experience is representative.
Use ratings from third parties when the rating methodology is reasonable and disclosures are clear.
Share performance or hypothetical performance with full context: net and gross where required, realistic assumptions, and disclosures.
Clear guidance on digital marketing, including LinkedIn posts and other social content.
Using only best-case stories or "top client wins" without balanced representation.
Guaranteeing results or suggesting unrealistic investment outcomes.
Sharing identifying client information publicly violates privacy (Reg S-P concerns).
Sending messages that sound like personalized investment advice without proper disclosures.
Failing to retain and archive marketing materials violates books & records obligations.
Most advisors don't know the rules changed.
Many financial advisors still think testimonials are completely banned. They're not. Under the current SEC Marketing Rule, testimonials and endorsements are permitted with proper disclosures, and that is a real opportunity if you use them compliantly.
A compliance-aware, audit-ready partner — not another marketing vendor.
Educational, balanced content with no hyperbole. All templates designed with compliance in mind from day one.
Built-in disclosure prompts, conflict questionnaires, and "not representative" disclaimers automatically included.
Methodology review and transparent disclosure tags for any third-party ratings or awards.
Risk/context language, net/gross where needed, proper disclosure blocks for any performance claims.
No use of real client identifying information unless explicit consent and compliance check completed.
All content — posts, emails, sequences — stored with version history, timestamps, exportable for review or SEC audit.
1
Poseidon delivers compliant-ready content
2
Your compliance officer reviews and signs off
3
Everything logged, timestamped, and audit-ready
A simple workflow that gives advisors confidence and keeps compliance teams happy.
We generate content using pre-approved templates with compliance safeguards built in.
Advisor and CCO review templates with all required disclosures already included.
Your Chief Compliance Officer signs off on content before publication.
We publish the approved content and automatically archive all assets with timestamps.
Internal reviews and record-keeping maintained according to SEC requirements.
Everyone knows who does what
Full documentation and archives
Sleep well knowing you're compliant
What advisors and CCOs ask us most frequently.
Yes! Under the current SEC Marketing Rule, client testimonials are permitted. However, you must include clear disclosures about: (1) whether the person was compensated, (2) any conflicts of interest, (3) whether the experience is representative of all clients, and (4) the relationship to the adviser.
Yes — but you must disclose the full methodology and any compensation or affiliation arrangements. The rating must be from a credible third party with reasonable methodology. Poseidon helps you include proper disclosure language automatically.
Yes — but the copy must avoid sounding like personalized investment advice unless you're prepared to treat it as such. It's safer to keep outreach at the educational/value-offer level rather than specific recommendations. Poseidon templates are designed to stay in the compliant zone.
Performance information is allowed only if properly net-adjusted, fully disclosed, and not cherry-picked. You must show both net and gross returns where required, include all required disclosures, and present realistic assumptions. Never guarantee future returns.
All advertisement materials must be retained per SEC Rule 204-2 (books & records rule). Generally, this means 5 years, with the first 2 years in an easily accessible place. Poseidon automatically archives all content with timestamps for easy audit compliance.
Potentially, yes. If you "like" or share a client's positive post about you, it could be viewed as using that content as an implicit endorsement. Best practice: have a policy on social media engagement and document your approach.
Deleting negative comments can raise concerns about selective disclosure or creating a misleading impression. The SEC expects balanced presentation. Better approach: address concerns professionally or have a documented policy on comment moderation.
Yes. If you're a hybrid adviser or have FINRA oversight, you also need to comply with FINRA Rule 2210 on communications with the public, which includes pre-approval requirements for "retail communications" (posts visible to 25+ retail investors). Poseidon can help track this.
This page is for educational and informational purposes only. Poseidon is not your law firm, compliance department, or legal counsel. The information provided here is not legal advice and should not be relied upon as such.
Every advisory firm has unique compliance requirements based on their registration status, business model, state regulations, and firm-specific policies. Before implementing any marketing strategy or relying on any statements made on this page, you must:
The SEC Marketing Rule and related regulations are complex and subject to interpretation. What is compliant for one firm may not be compliant for another. Poseidon provides tools and best practices, but ultimate responsibility for compliance rests with you and your firm.
For official guidance, refer to:
Let's talk about how Poseidon can help you market compliantly, confidently, and effectively.
Get our Compliance-Ready Content Checklist — a practical guide for advisors and CCOs.