15 Consequences of the New SEC Ad Rule

15 Consequences of the New SEC Ad Rule

 

By Sam Deleo
Tucker Advisors Senior Content Specialist/Editor

A few days before Christmas in 2020, The Securities and Exchange Commission (SEC) announced it had finalized revisions to the Investment Advisers Act. In a press release, the SEC explained that the changes were made to “modernize rules that govern investment adviser advertisements and payments to solicitors.”

The action had been a long time coming, since the last modifications to the Investment Advisers Act happened several decades ago, in the pre-internet world. The amendments now create a single rule “designed to comprehensively and efficiently regulate investment advisers’ marketing communications.”

Today, it is hard to identify any area of life the internet hasn’t changed, and marketing and advertising are certainly no exceptions, having undergone vast transformations. The SEC realized their rules for governing financial advisers in these areas had not kept up. “The technology used for communications has advanced, the expectations of investors seeking advisery services have changed, and the profiles of the investment advisery industry have diversified,” the commission wrote. The commission created the new marketing rule with the goal of allowing advisers expanded digital access to provide the public with useful information, “subject to conditions that are reasonably designed to prevent fraud.”

SEC Chairman Jay Clayton commented, “This comprehensive framework for regulating advisers’ marketing communications recognizes the increasing use of electronic media and mobile communications and will serve to improve the quality of information available to investors.”

The new SEC ad rule went into effect on May, 4, 2021, and advisers will have 18 months from that date to transition into compliance. But, what does this mean in concrete examples for advisers? The answer is that we won’t truly know until we see how the SEC enforces its revisions, but the changes are generally good news to the marketing interests of financial advisers.

Endorsements and testimonials will now be more readily available for advisers to use in marketing materials, so long as they follow the new disclosure and compensation restrictions. Advisers can make use of new tools, such as performance advertising and third-party ratings, by following the guidelines governing transparency. And “transparency” is a critical concept to understanding the wider context of these changes: The new SEC Ad Rule addresses not only what advisers say in their marketing materials, but how they say it, as well. Transparency in giving consumers the “whole story,” and not only what reflects positively on an adviser, will be key for advisors moving forward.

For those who want to research actual documentation, the SEC revisions affect Rule 206(4)-1 and Rule 206(4)-1, as well as the Form ADV and Rule 204-2 that relate to the investment adviser registration form and the books/records rule. But we’ve tried to highlight from the SEC website what we feel are the 15 biggest consequences of the ad rule for advisers in their attempts to market themselves with the transparency that will now be required:

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1. Advisers cannot make untrue statements about a material fact

They also cannot omit a material fact “necessary to make the statement true.” As found in many cases moving through these changes, full disclosure appears to be a common denominator behind many revisions.

2. Advisers must be reasonably able to back up their statements.

This applies to any “statement of fact that the adviser does not have a reasonable basis for believing it will be able to substantiate upon demand by the Commission.” In other words, don’t talk the talk if you can’t walk the walk.

3. Don’t infer or imply untrue statements.

 

This includes “information that would reasonably be likely to cause an untrue or misleading implication or inference to be drawn concerning a material fact relating to the adviser.”

4. Don’t omit negatives.

 

Advisers need to talk about potential benefits, and they can still do so, but not without also “providing fair and balanced treatment of any associated material risks or limitations.”

5. Don’t eliminate risks from investment advice.

This is basically the last step applied to investments: Advisers cannot offer specific investment advice without fairly mentioning risks and limitations.

6. Do not ‘cherry pick’ performance results.

Advisers cannot include or exclude performance results for a time period that renders the performance unrepresentative, or, in the commission’s language, falls short of “fair and balanced.”

7. Include full disclosure in testimonials and endorsements.

Advertising “must clearly and prominently disclose whether the person giving the testimonial and endorsement (the “promoter”) is a client and whether the promoter is compensated.” In positive news for advisers, this new rule eliminates the old rule’s requirement “that the adviser obtain from each investor acknowledgements of receipt of the disclosures.”

8. Advisers are responsible for compliance of testimonials and endorsements.

 

An adviser also must “enter into a written agreement with promoters, except where the promoter is an affiliate of the adviser,” or if the promoter has received $1,000 or less, or the equivalent value, in compensation during the preceding 12 months.

9. No third-party ratings.

Advisers cannot use third-party ratings in their ads unless they disclose the party, the time period and satisfy “certain criteria pertaining to the preparation of the rating,” which can mean that the third party has no relation to the adviser and is in fact in the third-party rating service.

10. “Gross” and “net” must be together in performance ads.

Advisers cannot mention gross performance in an advertisement without mentioning net performance.

11. Refrain from mention of the SEC in performance ads.

It may be tempting to announce that you’re following SEC guidelines, but avoid doing so, as you cannot mention that the commission “has approved or reviewed any calculation or presentation of performance results.”

12. Advisers cannot use partial performance results of portfolios.

Don’t use results from “fewer than all portfolios with substantially similar investment policies, objectives, and strategies as those being offered in the advertisement.”

13. Advisors cannot extract a subset of investments from a portfolio in ads.

The exception to this restriction would be if the advertisement provides, or offers to promptly provide, the whole portfolio’s performance.

14. Avoid hypothetical performance results in ads.

Advisers should steer clear from projections into the future “unless the adviser adopts and implements policies and procedures reasonably designed to ensure that the performance is relevant to the likely financial situation and investment objectives of the intended audience.”

15. Avoid predecessor performance results.

Don’t mention a previous adviser “unless there is appropriate similarity with regard to the personnel and accounts at the predecessor adviser and the personnel and accounts at the advertising adviser. In addition, the advertising advisor must include all relevant disclosures clearly and prominently in the advertisement.”

The new SEC Ad Rule modernizes financial marketing, granting advisors new ways to access new people. This benefit alone seems enough to outweigh the restrictions in reaching these audiences. But the SEC acknowledges that an adjustment period will be necessary for advisers.

Approaching the compliance deadline of late 2022, it will be important for advisers to ensure that their marketing efforts are compliant. If you have questions, email the SEC directly at IM-Rules@sec.gov.

If you’d like more information on marketing your financial advisory practice visit the Tucker Advisors Blog.

– For Financial Professional Use Only.
Insurance-only agents are not licensed to offer investment advice.

Join Tucker Advisors

Call 720-702-8811 or email COO Jason Lechuga at Jason.Lechuga@TuckerAdvisors.com

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Annuities & Taxes

5 Takeaways on Annuities & Taxes

 

By Sam Deleo
Tucker Advisors Senior Content Specialist/Editor

First, let’s get this out of the way: Annuities are not all the same, nor are they for everyone. But if you are planning for your retirement, annuities can very effectively provide stable, long-term income.

The value that annuities can offer to retirees also extends to tax mitigation. You can use annuities as safe, tax-free havens for your savings as you build toward retirement. But it’s important to note that this tax-free status ends when you begin withdrawing from annuities. And the rates you pay then will scale as ordinary income, not a special lower rate, as with capital gains.

A qualified annuity means you have purchased the product with pre-tax dollars, while you would fund a non-qualified annuity with money that has already been taxed. Investors often fund qualified annuities from 401(k) plans, IRAs or other tax-deferred accounts. People can enjoy tax-free funding of a non-qualified annuity by using a Roth 401(k) or Roth IRA if specific guidelines are met.

Whether you purchase a qualified annuity or non-qualified annuity, the interest earnings will face the prevailing income tax rates at the time of the disbursements. Solely for the purposes of illustration, if you invested $100,000 and received $10,000 for 10 years, any money you receive above this amount will face income tax rates, regardless of whether it is a qualified or non-qualified annuity. This difference between your principal and this interest portion of the taxed annuity is often referred to as the “exclusion ratio.”1

The insurance issuer of the annuity will determine the exclusion ratio based on your life expectancy, so your monthly payments from a non-qualified annuity, for instance, would have a portion that is non-taxable and the interest portion, usually much smaller, that is subject to income tax rates. Additionally, if you live past your life expectancy, then 100 percent of your disbursements—which, remember, would now be more than the principal you paid for the annuity—are taxed as ordinary income.

Here are five other important tax considerations regarding annuities.

1. What if you withdraw from an annuity early?

You will most likely have to pay a 10-percent early withdrawal tax on any sum you withdraw from your annuity prior to age 59½. Some exceptions include:

– The owner dies
– The owner is disabled [within the guidelines of IRC 72 (m)(7)]2

– The gain on Pre-TEFRA contributions (prior to August 14, 1982)3

– It is a non-qualified immediate annuity, which begins its payout within a year of purchase
– 72(q) and 72(t) payments, where life-expectancy payments continue for five years or to age 59 ½, whichever take longer4

For the full list of exemptions to the early withdrawal tax, visit the IRS website section covering retirement plans and taxes on early distributions.

2. Can you transfer ownership of a non-qualified annuity?

You can transfer ownership by creating or subtracting joint owners, transferring the policy to a new owner, or reassigning the policy. When these ownership changes occur, the interest earnings at the time of the transfer are taxable to the original owner, and the 10-percent early withdrawal tax can apply if the original owner is not yet 59½. Exceptions include:

– Ownership is transferred from one spouse to another, or a spouse is deleted or added
– A divorce triggers the transfer of ownership
– The transfer is between the owner and his/her revocable (grantor) trust

Of course, it’s wise to think carefully about your grantor designations at the time of purchase.

3. What are the consequences of the LIFO policy (“last in, first out”) on taxing a non-qualified annuity?

The way the chronology of taxes occurs on a non-qualified annuity is as follows: First, your interest earnings are taxed; Secondly, your principal is taxed if it is a qualified annuity, but is received untaxed if it is a non-qualified annuity; and lastly, the insurer’s disbursements you receive are then taxed.

“This is the coveted feature of annuities,” says Tim Kilzer, business developer at Tucker Advisors, “to be able to still get paid with the insurer’s money after you have burned through all the principal investment you made on the policy in the first place, and then all the interest that money made. At this point, you are free and clear, you’re receiving the insurance company’s money. But that revenue has never been taxed, so you’ll still have to pay income tax on that money.”

4. What is the tax benefit of an immediate annuity, like a SPIA (single premium immediate annuity)?

 

Purchasing an immediate annuity gives you access to withdrawals in a much shorter time frame and, generally speaking, with a higher monthly income than a comparable fixed indexed annuity.

The insurance company applies a uniform tax across all of the payments in an immediate annuity, and that tax rate never changes. These annuities are great tools for people who want to retire immediately and may not have time to wait on a fixed income annuity, because they will know exactly what their income and tax rate will be going forward till the day they die.

5. Choosing the right taxable annuity depends on your individual circumstances?

The purpose of money dictates where you put it, and this applies to annuities, too.

“If I just want to grow money,” says Kilzer, “I can put it in a growth annuity with no income rider and the highest available rates and caps. It will be taxed by the LIFO sequence on a non-qualified annuity, or taxed as ordinary income on a qualified annuity. The fixed indexed annuity works great if I need deferred income but want guaranteed income for the rest of my life. And, if I need immediate income at the highest possible amount from that asset, and I don’t care about having access again to the principal, then a SPIA is the choice. I’ve seen plenty of people who have bought all three to serve different financial needs at different times in their lives.”

The way taxes affect annuities is a complex topic. There are many features and exceptions that that we did not cover here. Consequently, you should always review annuities with a certified financial planner or tax accountant during your assessment process, and certainly before selecting an annuity.

Tax and retirement planners can help you determine which tax preferences suit your portfolio, health circumstances and income timelines in the most beneficial manner to you. And then you will feel safe in choosing the annuity that best serves your situation.

 

Footnotes:
1. Annuities.org
2. Heather L. Schreiber, RICP
3. IBID
4. IBID

For Financial Professional Use Only.
Insurance-only agents are not licensed to offer investment advice.

 

 

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Call 720-702-8811 or email COO Jason Lechuga at Jason.Lechuga@TuckerAdvisors.com

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(Video) $11-Million Written in 46 Days: Indexed Annuity Seminars

(Video) $11-Million Written in 46 Days: Indexed Annuity Seminars

Video Overview

$11M Written in 46 Days!
Top advisor, Karlan Tucker describes in detail exactly how he did it, and how you can use the same process

Founder Karlan Tucker is joined by Retire With Tucker President Darren Petty to discuss their recent success selling $11 million in indexed annuities and assets under management in 46 days. You will learn about the impact of getting a securities license, how to find new prospects, and the appointment process Karlan and Darren use to build their clientele.

This presentation was given at the Tucker Super Conference XVI in January of 2021 and is only for financial professional use. Insurance-only agents are not licensed to offer investment advice.

Video

Presentation Overview

Karlan and Darren sat down to talk through their appointment process and how it led to a very successful year for Tucker Advisors. You will learn how they use seminars to get in front of potential clients, how to define your ideal prospective client, and techniques to help you with the appointment process. 

From here, Karlan and Darren dive into how they like to format and present to their audience. Information on choosing a venue, maximizing your seminar space, and how to present are covered in detail to help you make the most of your opportunities. Both share on how they respond to the common opportunities and pitfalls associated with putting together a live speaking event.

Some of the topics include:

-How to host a great seminar
-How to connect with your audience
-What is the right number of attendees?
-How should guests be greeted and seated?
-When should we sit down with prospects?
-What is the process from start to finish? 

The number of people at your seminar can affect the dynamic of your presentation. While the seminar is a great stage to educate guests, you will need to connect with your audience on a more personal basis at the conclusion of the event. Karlan and Darren help point out that it isn’t just about how many people are in the room but also, how many of the people in the room are the right people. If you are not filling the room with the correct people, you need to revisit how your marketing process is pulling in leads to your practice.

Knowing who your ideal client is and what they value is a massive advantage when approaching a room full of strangers. Having this information allows you to differentiate yourself from the competition and really focus on providing value. It’s not just a sale, it is their financial future, their health, and what will offer the greatest return for their retirement plan. 

Additionally, Karlan and Darren talk through the steps of the appointment process, pointing out important milestones and objectives that you will come across when helping a prospect with their financial plans. With every client’s needs being different, this is a unique look into how each of our presenters are able to provide unique solutions for every client’s portfolio. Take this opportunity to position yourself as an expert to your clientele using techniques that are tested by the best. Given these points, we present to you Karlan Tucker and Darren Petty.

Join Tucker Advisors

Call 720-702-8811 or email COO Jason Lechuga at Jason.Lechuga@TuckerAdvisors.com

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For Financial Professional Use Only. NOT INTENDED FOR VIEWING OR DISTRIBUTION TO THE PUBLIC. Insurance-only agents are not licensed to offer investment advice.
© 2020 Tucker Advisors | All Rights reserved.

(Video) Tucker Super Conference Marketing Panel

(Video) Tucker Super Conference Marketing Panel

Video Overview

Tucker Advisors Marketing Panel
Learn from the Tucker Adivsors Marketing Panel.

Tucker Advisors Chief Marketing Officer Justin Woodbury is joined by the Tucker Advisors team to answer questions from the Tucker Super Conference 2021 attendee chat log.  

This presentation was given at the Tucker Super Conference XVI in January of 2021 and is only for financial professional use. Insurance-only agents are not licensed to offer investment advice.

Video

Video Synopsis: Tucker Advisors Marketing Panel 

During the 2021 Tucker Super Conference, we received a tremendous amount of questions. The Tucker Advisors Marketing team sat down to answer these questions LIVE and in depth to help financial advisors with their marketing efforts. 

To start, there was a question about how to feature in Kiplinger Magazine. For contracted advisors with Tucker, we have a vetting process that ensures that our top advisors are suggested to feature. If you are contracted with us, be sure to send us your enquiries about participating in our annual Kiplinger piece.

Another inquiry we received was about picking email topics. Attendees wanted to know what criteria is used to create email topics going out each week. Our panel suggested that the following criteria should factor into your email content plans.

1. Send your audience things they find useful

2. Take a walk in their shoes

3. Know what you’re posting, why you’re posting it, and who it is for

4. Don’t push products

5. Be sure that your messaging is compliant 

6. Find the channels that work for your message and don’t spread yourself too thin

Next the panel fielded questions on how to come up with website content and how this process works at Tucker Advisors. Alli and Sam reported that they like to do an interview and discovery with each advisor to find out what needs to be shared with your audience. Your website is a portal for prospects to know and understand your business before talking to you so lets give them something to talk about!

Other topics were included but not limited to:

-How to create content that is original and not stuffed with too many keywords

-How your website property should be perceived in reference to search engine optimization

-How Google Analytics and tracking your campaigns will lead to better insights and understanding of prospects

-The difference between brand awareness and lead generation

-What video equipment is necessary to produce your own content

 

 

Join Tucker Advisors

Call 720-702-8811 or email COO Jason Lechuga at Jason.Lechuga@TuckerAdvisors.com

Explore Super Conference 2021

If you’re on this page, you probably missed the 2021 Tucker Super Conference. No problem! Click on the image below for access to all of our recorded sessions.

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For Financial Professional Use Only. NOT INTENDED FOR VIEWING OR DISTRIBUTION TO THE PUBLIC. Insurance-only agents are not licensed to offer investment advice.
© 2020 Tucker Advisors | All Rights reserved.

(Video) Cryptocurrency: What You Need to Know

(Video) Cryptocurrency: What You Need to Know

Video Preview

CRYPTOCURRENCY: WHAT YOU NEEd TO KnoW
Everyone is talking about cryptocurrency, but what are the critical facts for investors?

Tucker Investment Analyst Amy Brandenburg looks at cryptocurrency in three of its different aspects: as a new system of money; as a virtual digital currency; and, as a digital asset. Amy traces how cryptocurrency functions and enables transactions across decentralized platforms.

This presentation was given at the Tucker Super Conference XVI in January of 2021 and is only for financial professional use. Insurance-only agents are not licensed to offer investment advice.

Video

Video Synopsis: Cryptocurrency—What You Need
to Know

For many years now, cryptocurrency has been one of the most talked about topics in the financial industry. But do most of us really understand what it is and how it works?

Bitcoin is the largest cryptocurrency, and like other cryptocurrencies, it is not generated or regulated by any government agency. It is created by individuals around the world using a free software and storing the currency in programs called “wallets.” The technology behind cryptocurrencies, Blockchain, is a platform that exists on thousands of individual computers around the world instead of in one place or server, enabling an incredibly secure and traceable trail of transactions.

Other characteristics of cryptocurrency include:
– Its price is determined by demand
– The value progresses by what people are willing to pay or exchange
– The currency is now accepted by some institutions and businesses
– Cryptocurrency’s next big “leap” will come as more businesses accept it

Some of the advantages of cryptocurrency for investors are that it can act as a hedge against inflation and a falling dollar, as well as provide airtight security—transactions cannot even be duplicated within Blockchain. Risks for investors include extreme price swings and the fact that there is no insurance like the FDIC for these currencies—you could even lose your “money” by forgetting your password.

With banks and hedge funds now purchasing cryptocurrencies, solidifying the market, it looks like they are here to stay. Individuals interested in buying cryptocurrencies, whether in the form of a coin, stock or exchange traded fund, should be clear about what their short- and long-term plans are for the investment. They would do well to also share these goals with their financial advisors, in order to better fit them into an overall plan for their portfolios.

Join Tucker Advisors

Call 720-702-8811 or email COO Jason Lechuga at Jason.Lechuga@TuckerAdvisors.com

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Why Are Older Adults Working Longer?

Why are older adults working longer?  By Sam DeleoTucker Advisors Senior Content Specialist/EditorWe are about to experience a major transformation of our labor force in the United States. Is it the change we want? Forty years ago, the federal government...

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How to Grow on Twitter as a Financial Advisor  By Jordan CollinsTucker Advisors Senior Digital Marketing SpecialistTable of Contents Click the links below to jump to a client appreciation event page section specific to your needs.Why Twitter? Setting Up Your...
For Financial Professional Use Only. NOT INTENDED FOR VIEWING OR DISTRIBUTION TO THE PUBLIC. Insurance-only agents are not licensed to offer investment advice.
© 2020 Tucker Advisors | All Rights reserved.

(Video) Leave Them Wanting More: Prospect Emails With Hooks

(Video) Leave Them Wanting More: Prospect Emails With Hooks

Video Overview

Every Prospect will look you up
With 3.5 billion searches on Google per day, it’s a must that you have a solid online presence in 2021.

Tucker Advisors Chief Marketing Officer Justin Woodbury is joined by Creative Director Alli Lankford to speak about how prospects will look you up online before giving your their business. Use these strategies to build confidence in your prospects and future clients! 

This presentation was given at the Tucker Super Conference XVI in January of 2021 and is only for financial professional use. Insurance-only agents are not licensed to offer investment advice.

Video

Video Synopsis: Prospects Will Look You Up

When people see commercials and new information that sparks their interest, they grab their phone and look it up. This is called the “Zero Moment of Truth.”

The Zero Moment of Truth states that the internet has changed the way that we as humans behave. After receiving a stimulus, many people will look up others’ experiences to understand how a product or service could affect them. This moment proves to be a major defining factor in the percentage of shoppers doing research before a purpose.

In today’s market, your first impression needs to be consistent in communication and experience across brand touchpoints. That means that the following spaces need to be consistent:

-Your website and online searches

-Your environment (storefront or office)

-Print collateral, signage, and seminar materials

-Content publishing on social media and your web properties

-Sales and customer service experience

-Internal communications with employees

Here at Tucker Advisors, we offer in-house digital marketing services including help with digital marketing, email marketing, graphic design, websites, copy writing, and seminar supplies.

With 3.5 billion searches on Google each day, it’s a must that you have a solid online presence. For most, this means a logo, headshots, imagery, content, a mission statement, and a professional URL with email addresses. Investing in your business also means investing in your reputation. 

If you’d like to learn more you can schedule an appointment through the phone number below. 

Join Tucker Advisors

Call 720-702-8811 or email COO Jason Lechuga at Jason.Lechuga@TuckerAdvisors.com

Explore Super Conference 2021

If you’re on this page, you probably missed the 2021 Tucker Super Conference. No problem! Click on the image below for access to all of our recorded sessions.

tucker-super-conference-2021-ticket

Follow Along on Social Media

Why Are Older Adults Working Longer?

Why are older adults working longer?  By Sam DeleoTucker Advisors Senior Content Specialist/EditorWe are about to experience a major transformation of our labor force in the United States. Is it the change we want? Forty years ago, the federal government...

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How to Grow on Twitter as a Financial Advisor  By Jordan CollinsTucker Advisors Senior Digital Marketing SpecialistTable of Contents Click the links below to jump to a client appreciation event page section specific to your needs.Why Twitter? Setting Up Your...
For Financial Professional Use Only. NOT INTENDED FOR VIEWING OR DISTRIBUTION TO THE PUBLIC. Insurance-only agents are not licensed to offer investment advice.
© 2020 Tucker Advisors | All Rights reserved.