UBCNews - Business - Is Your Financial Content Compliant? What Advisors Must Know Before Publishing

Episode Date: March 13, 2026

Welcome back, everyone! Today we're tackling something that keeps a lot of financial advisors up at night - content compliance. You know, you've got this great article or social media post ready to go, and then you think, wait, is this going to get me in trouble with FINRA or the SEC? Our guest today knows this territory inside and out. Thanks for joining us. Financial Media Exchange, LLC City: Plymouth Address: 100 Court St. Website: https://www.fmexc.com/

Welcome back, everyone. Today we're tackling something that keeps a lot of financial advisors up at night. Content compliance. You know, you've got this great article or social media post ready to go, and then you think, wait, is this going to get me in trouble with FINRA or the SEC? Our guest today knows this territory inside and out. Thanks for joining us. Happy to be here. And yeah, I completely agree. I can't tell you how many advisors I've talked to who've hit Publish and then immediately panicked. It's a real challenge. because the rules are complex and the stakes are high. So let's start with the basics.

Why can't financial advisors just publish content like, say, a lifestyle blogger would? Well, financial advisors operate under strict regulations from the SEC and FINRA. Every piece of content, whether it's an email, a blog post, or a tweet, has to comply with specific communication standards. FINRA rule 2210 is really the foundation here. It governs how financial professionals communicate with the public. Right, and I've heard that rule breaks communications into different categories. Exactly. There are three main types.

Retail communications, which go to more than 25 retail investors within 30 days. Correspondence, which is 25 or fewer, and institutional communications, which are solely for institutional investors like banks or insurance companies. each category has different requirements. Mm-hmm. Interesting. So what are the actual standards that content has to meet? Well, the big one is that all communications must be fair, balanced, accurate, and not misleading. That means you can't just highlight the benefits of an investment. You need to present a balanced view of the risk, too.

You also have mandatory disclosures around conflicts of interest, fees, and compensation. So if an advisor mentions past performance, there are rules about that too? Absolutely. Past performance must include appropriate disclaimers. You know, the classic past performance does not guarantee future results. And if you're showing any kind of performance metrics, you need to be really careful about how they're presented and what disclosures accompany them. I actually remember, early in my career, I drafted what I thought was a straightforward client newsletter, mentioning some fun returns. My compliance officer sent it back with more red ink than a

term paper. That was my crash course in disclosure requirements. Huh, nothing like a good red pen to teach you a lesson, right? That point about mandatory disclosures sets up our next piece. Supervisory review requirements. But first, a quick word from our sponsor. Creating compliant content doesn't have to be overwhelming. Financial Media Exchange provides a content platform built specifically for financial services professionals. With a library of licensed articles written by financial professionals and organized across core planning categories, plus curated web content and practical tools like FP Pathfinder checklists, the platform helps advisors communicate with clients while meeting compliance,

supervision, and recordkeeping requirements. It includes built-in governance features, automatic archiving, and distribution across email, social media, and mobile. Learn more at fMexc.com. Picking up on those mandatory disclosures we just discussed, how do firms actually ensure everything gets the proper supervisory review? Great question. Firms are required to have policies for supervisory review and approval of communications. For retail communications, those going to more than 25 investors, a registered principle typically needs to review and approve materials before first use. Correspondence and institutional communications have different oversight requirements,

but the key is having proper procedures in place. And there's the record-keeping piece too, right? Yes. Broker dealers are required to preserve business-related books and records, including many written and electronic communications for specified periods under SEC and FINRA rules. For example, many business communications must be kept for at least three years, and some records are subject to longer retention periods with a six-year default where no period is specified.

FINRA's expectations extend to electronic platforms, including social media, so business communications on channels like LinkedIn or Twitter need to be supervised and archived according to content, not the device. I see, that makes sense. So what happens if someone gets it wrong? FINRA and the SEC conduct examinations and can bring enforcement actions when they identify violations. Depending on the facts, outcomes can include remedial undertakings, fines, suspensions, or in severe cases, a bar from the industry. So the consequences are serious enough that firms usually try to address content issues proactively.

Wow. So to everyone listening, have you ever thought about how much time it takes to create content that meets all these requirements? That's the million dollar question, right? Most advisors go into this field because they want to help clients with their finances, Not because they want to become compliance experts or content creators. That's where outsourcing comes in. Tell us more about that. How does outsourcing solve these challenges? When you work with specialized agencies or platforms that focus on regulated financial content, you are essentially getting three things.

People who understand the regulatory landscape, professionally developed content, and technology systems that support supervision and record keeping. These providers typically employ, experienced financial professionals and build workflows designed to align content with common regulatory expectations within your firm's own policies and review processes. So instead of trying to build all of that infrastructure in-house, firms can essentially plug into a system that's already designed for compliance? Exactly, and the benefit goes beyond avoiding problems. You can scale your communication and engagement with clients.

In other words, you can reach more people, more consistent. people more consistently. When you have access to a library of pre-vetted content, articles, newsletters, tools, you can maintain consistency across your firm while still personalizing the message for different client segments. Right, and I imagine that helps with role-based access too. Like, different team members have different permissions? Definitely. That's a huge part of governance. You want your advisors to have access to compliant content they can share, but you also need oversight to ensure everything aligns with your firm's policies. A centralized platform makes that possible without creating bottlenecks. So we've established that compliance is complicated. The stakes

are high, and outsourcing can really lighten the load. What's your final piece of advice for advisors who are thinking about their content strategy? I'd say this. Recognize that content is a strategic asset for building client relationships, but only if it meets regulatory requirements. Don't let fear of regulation keep you from communicating. Instead, find solutions that enable you to publish with confidence, whether that's training your team, investing in technology, or partnering with specialized providers. Make compliance a priority from day one, because at the end of the day, compliant content protects both you and your clients. That's great advice. Thanks so much for breaking this down for us today. To all our listeners, remember, engaging content and compliance can work together when

you have the right approach and resources. Thanks for having me.