Compliance with the SEC’s new marketing rule pursuant to Rule 206(4)‑1 under the Investment Advisers Act of 1940 (Marketing Rule) has been mandatory since November 4, 2022. Although fund managers had 18 months to prepare to implement the Marketing Rule, putting those plans into practice has inevitably shined a light on further challenges and areas of uncertainty for fund managers. Given the dynamic and evolving nature of interpreting and applying the Marketing Rule, those issues are only likely to compound with time and require nimbleness from compliance personnel. To help identify key issues coming to the fore during the first six months of complying with the Marketing Rule, the National Society of Compliance Professionals (NSCP) hosted an educational seminar featuring Amy Lynch, president of FrontLine Compliance; Maureen Kiefer‑Goldenberg, senior vice president at Mariner Wealth Advisors; and Craig Watanabe, director of investment adviser compliance at DFPG Investments. This article highlights key takeaways from the experts’ discussion, including challenging issues faced by fund managers, evolving market practices and tips for how to update compliance efforts in the future. For further insights from NSCP, see “Taking the Pulse of Recent Developments Affecting CCO Liability and the Establishment of a Compliance Culture
” (Apr. 20, 2023).