Featured in Citywire & AP News — Book a 15-minute intro
    Digital Marketing Compliance 2026
    Back to Insights
    Best Practices

    Digital Marketing Compliance: Social Media Rules for RIAs

    January 8, 2026
    •
    9 min read

    Social media continues to be a powerful marketing tool for investment advisers, but it comes with significant compliance considerations. This guide provides updated guidance on compliant social media marketing under the SEC's Marketing Rule.

    The Marketing Rule and Social Media

    The SEC's amended Marketing Rule (Rule 206(4)-1) fundamentally changed how investment advisers can use social media for marketing. Understanding the key provisions is essential for compliant digital marketing.

    Testimonials

    Client testimonials are now permitted with proper disclosures about compensation and material conflicts.

    Endorsements

    Third-party endorsements require clear disclosure of compensation arrangements and promoter status.

    Performance

    Performance advertising must include specific disclosures and cannot show hypothetical performance to retail investors.

    General Prohibitions

    Advertisements cannot contain untrue statements, omit material facts, or be misleading.

    Platform-Specific Guidance

    LinkedIn

    LinkedIn remains the most common social media platform for RIAs. Key compliance considerations:

    • Profile content: Ensure all credentials and experience claims are accurate and verifiable
    • Recommendations: Client recommendations constitute testimonials requiring proper disclosure
    • Posts and articles: Educational content must be balanced and not misleading
    • Endorsements: Skills endorsements from clients may trigger disclosure requirements

    X (Twitter) and Threads

    Character limits create unique challenges for required disclosures:

    • Use thread format to include necessary disclosures
    • Link to full disclosure pages when character limits prevent complete disclosure
    • Avoid performance claims that cannot be properly contextualized
    • Monitor and respond to comments appropriately

    Instagram and TikTok

    Visual platforms require special attention to disclosure placement:

    • Include disclosures in video content itself, not just captions
    • Ensure disclosures are clearly visible and readable
    • Maintain records of all content including Stories that disappear
    • Be cautious with trending sounds or formats that may trivialize financial advice

    Influencer Partnerships

    Working with financial influencers or "finfluencers" requires written agreements, disclosure of compensation, and ongoing monitoring of their content. The SEC has increased scrutiny of these arrangements.

    Required Disclosures

    All social media marketing must include appropriate disclosures:

    Testimonials

    • Whether the person giving the testimonial is a client
    • Whether compensation was provided (cash or non-cash)
    • Material conflicts of interest
    • Statement that testimonial may not be representative of other clients' experiences

    Endorsements

    • That the endorser is not a client (if applicable)
    • Compensation arrangement details
    • Material conflicts of interest
    • Whether the endorser is a broker-dealer or SEC-registered adviser

    Third-Party Ratings

    • Date and identity of the rating organization
    • Whether compensation was paid for the rating
    • Methodology used to determine the rating
    • Ranking within the category (e.g., "ranked #10 out of 100")

    Recordkeeping Requirements

    The SEC requires advisers to maintain records of all advertisements, including social media:

    • Archive all social media posts, including those that expire (Stories, disappearing messages)
    • Maintain records of all comments and responses
    • Document pre-approval reviews and compliance sign-offs
    • Keep records for at least five years from the end of the fiscal year

    Best Practices for 2026

    1. Establish a Social Media Policy

    Document approved platforms, content guidelines, pre-approval procedures, and monitoring protocols.

    2. Implement Pre-Approval Workflows

    Require compliance review of all marketing content before posting.

    3. Use Archiving Technology

    Deploy social media archiving tools that capture all content automatically.

    4. Train Your Team

    Ensure all employees understand social media compliance requirements.

    5. Monitor Third-Party Content

    Actively monitor endorsers and promoters to ensure ongoing compliance.

    Social Media Compliance Review

    NextReg can review your social media presence and marketing practices to ensure Marketing Rule compliance. We help advisers leverage social media effectively while managing regulatory risk.

    Request a Review