Bro2Adv Consulting understands that crafting clear and compliant communications is both an art and a science. Just as every brushstroke or pencil mark in an artist’s toolkit adds unique depth and dimension, expertise helps financial professionals articulate their messages with precision, creativity, and regulatory alignment. From product-specific securities to seminar and educational content, complex concepts can be transformed into impactful, audience-ready materials. Explore this blog for insights and inspiration on shaping messages that stand out while staying compliant.

These articles are for informational purposes only. Always consult your firm’s legal/compliance team.

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Marketing Compliance: Writing Like a Pro, Not Just a Rep

September 2025

Writing about investments for retail investors can be maddening. One wrong phrase can trip FINRA’s rules, or worse, erode trust with your audience.

Too often, financial pros fall into four traps when creating content:

1. Predicting performance

2. Overpromising outcomes

3. Drowning clients in jargon

4. Playing it too safe with boilerplate

The good news? You don’t have to choose between compliance and connection.

Here’s an illustrative walkthrough of common landmines and how to rewrite them into clear, compliant and client-friendly language:

🚫The Overconfident Prediction:

“This fund has delivered double-digit returns since 2015; there’s no reason to expect a change.”

🔎 Problem:

Statement implies past performance will continue, which FINRA prohibits. Markets are unpredictable and no investment is guaranteed to perform the same way in the future.

✅ Better:

“This fund has had an average annual return of X% over the past 10 years. However, past performance does not guarantee future results, and investors should consider their individual risk tolerance.”

🚫The Unrealistic Forecast:

“Investing in this strategy will help you retire a millionaire in 10 years!”

🔎 Problem:

This is an exaggeration and unwarranted claim. No advisor can guarantee results like this without considering variables like market conditions, investor behavior, and risk tolerance.

✅Better:

“This strategy is designed to help investors pursue long-term financial goals. Using a disciplined approach and historical market data, we can model potential outcomes, but actual results may vary.”

🚫The Jargon Overload:
“This portfolio strategy optimizes Sharpe ratios while implementing a tactical asset allocation overlay that enhances risk-adjusted returns.”

🔎 Problem:

Fine for a peer-to-peer chat, not for retail investors.

✅Better:
“This strategy is designed to balance risk and return by adjusting asset allocations based on market conditions.”

🚫The Dry Boilerplate:
“We do not guarantee any investment returns. All investments carry risk, including loss of principal.”

🔎 Problem:
Technically, this is compliant. But it’s dry, uninspiring, and doesn’t help potential clients connect with your message.

✅Better:
“Investing involves risks, and while we can’t guarantee returns, we can help you build a strategy designed to withstand market volatility.”

🚫The Subtle Sales Hook:
“Unlike traditional funds, this portfolio has downside protection.”

🔎 Problem:

“Downside protection” implies guarantees unless very narrowly defined.

✅ Better:

“This portfolio is built with risk management in mind and includes strategies to help reduce the impact of market downturns. However, losses are still possible.”

🚫 The Heroic Timeline:
“Start now and you could be financially independent in just ____ years.”

🔎 Problem:

A projection without assumptions and disclosures.

✅ Better:

“Everyone’s timeline looks different. Let’s talk about what financial independence could look like for you and how we might build a plan toward that goal.”

🚫 The Misleading Comparison:
“This fund outperforms the S&P 500 with less risk.”

🔎 Problem:

Misleading unless fully disclosed and apples-to-apples.

✅ Better:

“This fund has performed differently from the S&P 500 over the last 5 years, reflecting its unique investment approach and risk profile. Be sure to understand these differences before making an investment decision.”

🚫 The Buzzword Avalanche:
“Our next-gen investment platform delivers impactful, disruptive, game-changing results for today’s dynamic markets.

🔎 Problem:

Trendy words, little substance.

✅ Better:

“Our investment platform is designed to help investors navigate changing markets with tools that focus on long-term goals and risk management.”

🚫The Cherry-Picked Hypothetical:
“If you had invested $10,000 in this fund in 2010, you’d have $45,000 today!”

🔎 Problem:

A classic cherry-picked example highlighting a best-case scenario, ignoring risks, taxes, fees, or market conditions. It’s misleading without full context.

✅ Better:

“A $10,000 investment in this fund in 2010 grew to $45,000 by 2020, based on historical NAV and reinvested dividends. This assumes no withdrawals or taxes and does not predict future results.”

🚫 The Disguised Testimonial:
“One of my clients retired early thanks to this strategy!”

🔎 Problem:
Implies testimonial and guaranteed outcome.

✅ Better:
“Let’s say an investor wants to retire in 10 years. A plan that includes tax-efficient withdrawals, market diversification, and sustainable income could help align investments with that goal. Of course, every situation is unique.”

🚫 The Visual Without Context:
📈 Chart showing steep upward line and no explanation.

🔎 Problem:
Even visuals fall under FINRA’s rules.

✅ Better: “This chart shows the growth of $10,000 invested in [fund] from 2010-2020, assuming dividends were reinvested. Results are net of fees and do not guarantee future performance.”

Takeaways:

1. Avoid performance projections—illustrate concepts, don’t promise outcomes.

2. No guarantees or exaggerated claims; stick to facts and disclosures.

3. Hypotheticals are fine when framed as educational and fully explained.

4. Write for clients, not colleagues—ditch jargon, buzzwords, and peer-speak.

5. Balance clarity with compliance—inform without overhyping.

6. Even visuals and stories must be contextualized, disclosure-ready, and include the original fine print when applicable.

Final Thoughts: Marketing within FINRA rules doesn’t mean being boring. It means being clear, relatable, and credible. Replacing hype with balance = more client trust.

💡 Bro2Adv Tip: Think of compliance as your guardrails, not your straitjacket. Within them, you still have room to sound human, professional, and persuasive.

Key Compliance Issues to Consider BEFORE Launching Any New Marketing Effort

May 2025

When registered financial professionals (RRs, IARs, RIAs) are evaluating marketing strategies, compliance needs to be a front-end filter — not an afterthought.

1. Audience and Platform Rules

• Know Your Regulator: FINRA rules apply to broker-dealers and registered reps; SEC rules govern RIAs and IARs. Dual-registered reps may have to comply with both.
• Platform Differences: Social media, email, webinars, podcasts, and paid ads each raise different red flags (e.g., testimonials on social media vs. performance claims in email).
• Public vs. Private Audiences: Materials aimed at the general audience may require more conservative messaging than those for existing clients or accredited investors.

2. Testimonials and Endorsements

Both FINRA and SEC impose specific requirements that RRs, IARs, and RIAs must comply with to avoid regulatory scrutiny. Professionals must understand which framework applies and ensure they meet all related disclosures and documentation requirements along with firm-specific policies and procedures.

3. Performance Claims

• Use Extreme Caution: Promises or implications of returns, hypothetical returns, or even back-tested results are tightly scrutinized.
• Must be fair, balanced, and include appropriate risk disclosures.
• Avoid cherry-picking successful cases or implying future gains.

4. Promissory Language and “Expert” Status

• Avoid terms like “guaranteed,” “safe,” “no risk,” or implying you’re better than the competition unless you can objectively substantiate the claim.
• Be cautious when using terms like “specialist” or “expert,” especially if not backed by certifications or compliance clearance.

5. Disclosures and Disclaimers

• Always include required disclosures (e.g., firm name, registration status).
• Ensure footnotes and disclaimers are visible and not buried in fine print.
• Hyperlinks to disclosures must be functional and easy to access.

6. Archiving and Recordkeeping

• You are likely required to retain records of all communications, including social media posts, email campaigns, videos, and website edits.
• Tools like compliant archiving platforms (e.g., Smarsh, Global Relay) can help — but they should be implemented before campaigns begin.

7. Third-party Content

• Republishing, linking to, or even “liking” third-party content can count as “adoption” or “entanglement” — making you responsible for that content.
• Ensure any third-party quotes, stats, or reports you cite are accurate, relevant, and disclosed properly.

8. Use of Pre-approved Content

• Using firm-approved content can save time but clarify whether it can be customized or must be used “as-is.”
• Know the re-approval timeline for evergreen content and whether edits trigger re-review.

9. Consistency Across Channels

• Your messaging should align across your website, social media, and client-facing materials.
• Discrepancies (e.g., calling yourself “fee only” while also earning commissions) are red flags.

10. Approval Processes

• Know the difference between pre-approval and post-review in your firm’s policies.
• Build a workflow that includes compliance early in content creation — not just before publishing.

Final Thoughts: Let Compliance Shape the Edges, But Let Your Voice Be Heard

Compliance isn’t there to silence your marketing — it’s there to shape it responsibly. Whether you’re launching a social media campaign, publishing an email newsletter, or updating your website, keeping these compliance issues in mind from day one will help you scale your outreach with confidence.

Balancing Creativity and Regulatory Guidelines
in Blogs, Emails, and Videos

February 2025

Creating content that’s both engaging and compliant is no small feat. If you’ve ever tried to infuse creativity into a blog, email, or video while navigating the maze of regulatory guidelines, you know the struggle is real. But fear not—there are ways to balance the scales without losing your spark or stepping out of bounds.

1. Understand the Rules Before Breaking (or Bending) Them

To balance creativity and compliance, you need to know the playbook. Familiarize yourself with the rules specific to your industry—FINRA guidelines, SEC rules, or any other authority that keeps a watchful eye on communications. Think of it as learning choreography before adding your freestyle flair.

Tip: Bookmark key guidelines and update them regularly. It’s easier to be creative when you know the boundaries.

2. Speak Human (Yes, It’s Possible!)

Just because compliance requires precision doesn’t mean your content has to read “dry” or like it’s been written by a robot. Be clear, concise, and conversational. A little personality goes a long way, even in highly regulated industries.

Example: Instead of saying, “This product offers significant benefits under specific market conditions,” try, “This product could work when markets are in your favor—let’s talk about what that means for you.”

3. Storytelling: Your Secret Weapon (But Keep It Snappy)

Everyone loves a good story, even compliance officers (though they might not admit it). Using real-world examples or client scenarios (anonymized, of course) makes your content relatable and engaging. A well-told story can simplify complex concepts and create emotional connections with your audience.

But beware: storytelling can quickly go off the rails if you’re not careful. What starts as a tidy anecdote about your client’s retirement journey can spiral into a novella about their cat’s dietary habits.

Example of Too Much:

"Take Sarah, a 45-year-old single mom with two kids, a full-time job, and a dog named Max who just LOVES chasing squirrels in their backyard. One summer day, while Max was barking at the neighbor’s tabby..."

Why It’s a Problem:

Your audience came for financial insights, not Max’s escapades. Overly detailed stories lose focus, eat up valuable word count, and risk compliance scrutiny if they include too many specifics.

The Fix:

"Take Sarah, a 45-year-old mom balancing work and family. She needed a retirement plan that worked for her busy life—here’s how we helped."

Your story should give just enough detail to set the stage, connect emotionally, and make your point without wandering into tangents. Think of it as the "Goldilocks Zone" of storytelling—not too little, not too much, but just right.

4. Creativity with a Compliance Filter

Here’s where the magic happens. Once you’ve brainstormed your ideas, run them through your compliance filter:

• Are claims accurate and substantiated?
• Have you avoided absolutes like “will”, “guaranteed” or “always”?
• Is the language transparent and free of jargon?

Pro Tip: Treat your compliance officer as your creative collaborator. Instead of seeing them as the enemy of innovation, involve them early in the process to save headaches later.

5. Design Matters (But Watch Your Imagery)

Creativity isn’t just about words. Use visuals, infographics, and videos to make your message pop. A well-designed chart or explainer video can simplify complex concepts and stay compliant at the same time.

But here’s the catch: not all images are created equal—at least not in the eyes of the SEC or FINRA. Avoid imagery that could mislead or overpromise. For example:

• Problematic: Using images of overflowing money bags, money “growing” from trees or plants, or yachts to promote or discuss an investment product or strategy. These can imply returns or excessive wealth that cannot be guaranteed.

• Better Choice: Choose visuals that convey professionalism, such as charts, balanced portfolios, or lifestyle imagery that reflects realistic goals.

Pro Tip: Always align your imagery with the tone of your message. If your content is about risk management, steer clear of carefree beach scenes and lean into visuals that reflect careful planning or diligence.

Being mindful of imagery helps to ensure your designs enhance your message without triggering compliance alarms.

6. Audit Yourself Before They Audit You

Before clicking “publish” or “send,” review your content with a fine-tooth comb. Look for any potential red flags or misinterpretations. It’s better to catch a problem now than have it return to haunt you.

7. Embrace Feedback (Even When It’s Painful)

Got a blog post redlined into oblivion? Been there. Take compliance feedback as a challenge to refine your craft. The best creative minds learn to pivot without sacrificing their vision.

Final Thoughts: The Art of the Tightrope Walk

Balancing creativity with regulatory guidelines doesn’t mean choosing one over the other, it’s about integrating both into a cohesive strategy. When done right, your content can be informative, engaging, and compliant, leaving your audience (and your compliance team) impressed.

And if all else fails, remember this: compliance officers are people, too. (Mostly.)

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