SEC Marketing Rule + eVestment Database – Frequently Asked Questions
What the new SEC Marketing Rule means for Asset Managers and eVestment Database Population
On December 22, 2020, the SEC adopted reforms under the Investment Advisers Act of 1940 (Advisers Act) to modernize rules that govern investment adviser advertisements and payments to solicitors, including Advisers Act Rule 206(4)-1 (“Marketing Rule”). The deadline for SEC-registered investment advisers to comply with the Marketing Rule is November 4, 2022.
Who does the Marketing Rule apply to?
The Marketing Rule applies to all firms registered as investment advisers with the SEC. The rule is designed to allow advisers to provide existing and prospective investors with useful information as they choose among investment advisors, subject to conditions that are reasonably designed to prevent fraud.
How is eVestment impacted by the Marketing Rule?
eVestment clients include SEC-registered investment advisers that are required to comply with the Marketing Rule. In certain circumstances, communications through the eVestment database may be considered “advertisements” under the Marketing Rule.
To share information with clients around how the Nasdaq eVestment database (“eVestment”) operates to help assess their compliance requirements, we have compiled this FAQ sheet.
Clients are strongly advised to consult their own legal counsel to evaluate their compliance obligations under the Marketing Rule. If you have any questions about eVestment, please reach out to your Omni partner or Client Success Manager.
The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc.