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Educational review guide

SEC Marketing Rule general prohibitions: a website review checklist

A mechanical review checklist for claims, substantiation, implications, benefits, risks, advice, and performance context.

Rule context: 17 CFR 275.206(4)-1(a). This generic checklist is not legal advice and does not determine whether any communication is an advertisement or whether any law applies.

Review questions

  1. Inventory material factual claims and preserve current substantiation records.
  2. Review the full context for implications a reasonable reader could draw.
  3. Pair potential benefits with fair treatment of material risks and limitations.
  4. Review specific-advice and performance selections for fair balance.

Use evidence, then human judgment

Automation can inventory visible text, labels, links, and bounded presentation context. It cannot decide materiality, truth, intended audience, substantiation, compensation, policies, portfolio scope, survey design, calculation accuracy, or legal applicability.

Read the current rule in the eCFR and use qualified legal or compliance personnel for decisions.

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Independent software from Toledo Technologies LLC.
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