SEC Division of Investment Management Staff Releases Updated FAQ Regarding Marketing Rule Compliance

On January 11, 2023, the staff of the SEC’s Division of Investment Management (the “Division Staff”) updated its list of frequently asked questions (“FAQs”) related to amended Rule 206(4)-1 (the “Marketing Rule”) under the Investment Advisers Act of 1940. The updated FAQ clarifies that performance of a single investment (i.e., a case study) is “extracted performance” subject to the net performance requirements under the Marketing Rule, which had been a point for which SEC-registered investment advisers (“investment advisers”) have sought clarification.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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