Marketing and Sales Presentations - FINRA Conduct Rule 2210

Series 6 registered representatives must abide by rules relating to sales presentations and materials contained in FINRA Conduct Rules, Securities Act of 1933, Securities Exchange Act of 1934 and the Investment Company Act of 1940.

FINRA Rule 2210 - Communications with the Public
 

  1. Definitions

    For purposes of this Rule and any interpretation thereof, "communications with the public" consist of retail communication and Institutional communication.

    1. Some communication with the public is available to anyone such as an "Advertisement." Any material, other than an independently prepared reprint and institutional sales material, that is published, or used in any electronic or other public media, including any Web site, newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, or telephone directories (other than routine listings).
       
    2. Other forms of communications are sent to a targeted audience and is  Any written or electronic communication, other than an advertisement, independently prepared reprint, that is generally distributed or made generally available to customers or the public, including circulars, research reports, market letters, performance reports or summaries, form letters, telemarketing scripts, seminar texts, reprints (that are not independently prepared reprints) or excerpts of any other advertisement, sales literature or published article, and press releases concerning a member's products or services.

 

Retail communication is defined as any written communication distributed or made available to 25 or more retail investors in a 30 day period. The communication may be distributed in hard copy or in electronic formats. The definition of a retail investor is any investor who does not meet the definition of an institutional investor.  Retail communications now contain all components of advertising and sales literature. All retail communications must be approved by a registered principal prior to first use.

Intuitional communication is defined as any written communication distributed or made available exclusively to institutional investors. The communication may be distributed in hard copy or in electronic formats. Institutional communications do not have to be approved by a principal prior to first use so long as the member has established policies and procedures regarding the use of institutional communications and has trained its employees on the proper use of institutional communication.

FINRA Conduct Rule 2211
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