United States

Marketing for US Registered Investment Advisers

This page is for advisers registered with the SEC in the United States. US rules differ from Canadian rules, so read it separately from the rest of this guide.

By the ShoutEx Team | Updated October 2026 | Facts checked October 21, 2026
In the US, testimonials are allowed, with disclosures and oversight.Marketing for Financial Advisors | Updated October 2026
Rule 206(4)-1
The SEC Marketing Rule for registered investment advisers
November 4, 2022
The mandatory compliance date
Net with gross
Gross performance must be shown with net performance

Which rule governs marketing for US investment advisers?

Marketing by SEC-registered investment advisers is governed by the SEC Marketing Rule, Rule 206(4)-1, which replaced the older advertising and cash solicitation rules. The SEC's small entity compliance guide on investment adviser marketing says the rule took effect May 4, 2021, with a mandatory compliance date of November 4, 2022.

State-registered advisers and broker-dealers have their own rules. This page covers the SEC Marketing Rule only. It does not apply to Canadian advisors, whose rules are on compliant marketing in Canada.

Can US advisers use testimonials and endorsements?

Yes. Under the SEC Marketing Rule, testimonials and endorsements are allowed if the advertisement clearly discloses whether the person is a client, whether they are compensated, and related compensation and conflict details. Advisers must oversee compliance and generally need written agreements with paid promoters, with exceptions for affiliates and for promoters paid $1,000 or less in the preceding twelve months. Certain disqualified persons cannot be paid promoters.

Testimonial and endorsement checklist (summary)
RequirementWhat it means in practice
Client or non-client disclosedSay whether the person is a current client
Compensation disclosedSay whether they were paid or given anything of value
Conflicts disclosedExplain material conflicts from the relationship
OversightReasonable basis to believe the disclosures were made
Written agreementGenerally required for paid promoters, with exceptions
ShoutEx summary of the SEC guide. Your compliance team decides.

How should US advisers use reviews and ratings?

US advisers can use third-party ratings if they meet the rule's preparation criteria and include required disclosures. Online reviews on platforms can count as testimonials, so whether and how you request, share or respond to them should follow your compliance policy. A review program that asks all clients, discloses properly and avoids cherry-picking is easier to defend.

Review routines are covered on client reviews and retention and Google profile and reviews.

ShoutEx rule

Disclose first, then display.

A testimonial without its disclosures is a compliance problem waiting to be found.

How should US advisers present performance?

US advisers who present performance must show net performance alongside gross performance, generally cover specified time periods, and avoid cherry-picking portfolios. Hypothetical and predecessor performance face additional conditions. Many smaller advisers keep performance out of public marketing entirely and focus on process and planning.

Marketing focus for small RIAs
Higher riskLower risk
Model portfolio returns on the homepageA clear description of your planning process
"Top-rated adviser" without rating disclosuresA rating shown with the required disclosures
Paid referral partners without agreementsWritten promoter agreements and disclosures
Fictional comparison written by ShoutEx for this guide.

How should US advisers work with referral partners?

US advisers who pay referral partners must treat them as promoters under the rule: written agreements where required, disclosures to prospects, and oversight. Unpaid referrals from accountants and attorneys still benefit from clear processes. The referral approach itself is on referrals and centres of influence, and LinkedIn content on LinkedIn.

What should a US adviser website include?

A US adviser website should include who you serve, your services and process, how you are paid, your Form ADV link, disclosures required for any testimonials, endorsements or ratings shown, and a clear way to book a conversation. Keep a record of each version for your books and records obligations.

Structure is on website design.

Frequently asked questions

Can US investment advisers use testimonials?

Yes, under the SEC Marketing Rule, with required disclosures and oversight.

When did the SEC Marketing Rule take effect?

It took effect May 4, 2021, with mandatory compliance from November 4, 2022.

Do online reviews count as testimonials?

They can. Follow your compliance policy on requesting and displaying them.

Can I pay for referrals?

Yes, as promoters, with written agreements where required and disclosures.

Must I show net performance?

If you show gross performance, net performance must accompany it.

Do these rules apply in Canada?

No. Canadian advisors follow Canadian rules, covered on a separate page.

Can I show third-party ratings?

Yes, if the rating meets the rule's criteria and you include required disclosures.

Sources & further reading

Platform rules and local programs change. These sources let you check the facts on this page, last checked October 21, 2026.