Redesigning your financial advisor website can significantly elevate your brand, improve investor engagement, and boost online lead generation. But you’re making a costly mistake if you don’t consider regulatory compliance from the start.
In today’s digital-first environment, your website is a living advertisement. It’s not just a tool for marketing; it’s a regulated communication channel subject to scrutiny by the Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA). If you get it wrong, you may face consequences ranging from formal letters to monetary penalties.
This article explores how independent firms can approach financial advisor website design with compliance as a central focus. We’ll clarify the differences between SEC and FINRA rules, highlight key dos and don’ts, and provide practical guidance on managing testimonials, performance claims, and required disclosures.
We recommend checking with your compliance before implementing any financial advisor digital marketing strategies described in this article.
Unfortunately, no, and that’s where it gets complicated.
SEC Overview
If your firm is registered as an RIA under the Investment Advisers Act of 1940, your advertising and marketing efforts fall under the SEC’s 2020 Marketing Rule (Rule 206(4)-1). If specific conditions are met, this updated rule offers more flexibility and modernization, including testimonials, endorsements, and performance reporting.
Key SEC principles include:
FINRA Overview
If you’re a broker-dealer or affiliated with one, your communications are governed by FINRA Rule 2210. This rule is more restrictive and highly prescriptive.
Key FINRA principles include:
Hybrid Firms
For advisors affiliated with both an RIA and a broker-dealer, FINRA’s stricter guidelines usually take precedence. Many firms follow the most conservative interpretation of the rules to avoid exposure on either side.
Bottom line: Know your firm’s structure, and apply the strictest relevant standard to your website content.
Whether your firm is under SEC or FINRA jurisdiction, one rule is universal: Your redesigned financial advisor website must be reviewed and approved by your compliance team before going live.
What Compliance Will More Than Likely Review:
Documentation of these approvals should be maintained as part of your audit trail, often using PDF documents for each page. This is most typical if you are building a new WordPress site.
If you are using a financial advisor website platform, like Paladin’s Advantage system, all changes are approved through the platform, which has automated archiving and logged changes for strict compliance oversight.
Tip: Keep track of version control for your website. Archive each update with corresponding compliance sign-offs.
Designing a great financial advisor website is as much about what you leave out as what you put in. Use this compliance checklist to stay within the lines.
Do:
Don’t:
This area of compliance has evolved significantly, but it also depends on your regulatory body.
If You’re an RIA (Under the SEC): The updated SEC Marketing Rule allows testimonials, reviews, and case studies, with conditions:
If You’re a Broker-Dealer (Under FINRA): FINRA Rule 2210 generally prohibits testimonials in promotional materials and advertising. Exceptions exist but are highly restrictive and require significant disclosures. Most broker-dealers simply don’t use them.
If You’re Hybrid: Many firms default to the more restrictive FINRA guidelines, which may make testimonials and ratings off-limits.
Best Practice: Display testimonials in a dedicated section with compliance-approved language and complete disclosures if allowed. Include a disclaimer that individual experiences may not reflect typical results.
If you want to highlight your success, remember that portraying results can be a regulatory minefield.
What’s Permitted:
Hypothetical or backtested performance, if:
Model portfolios, if:
What’s Prohibited:
Always include language like: “Past performance does not guarantee future results. Investing involves risk, including the potential loss of principal.”
Failure to comply can result in legal challenges, even outside regulatory bodies.
A successful redesign is a joint effort. It requires:
Contact your firm’s compliance officer for an opinion or ruling when in doubt. Avoid making decisions that are based on assumptions. We recommend:
Debbie Freeman, CEO of Paladin Digital Marketing, notes: “A compliant financial advisor website doesn’t just check boxes; it builds trust. And trust is the most valuable marketing asset any advisor can have.”
By embracing compliance from the outset of your redesign, you avoid trouble and position your firm as trustworthy, professional, and investor-focused.
If you’re considering redesigning your financial advisor website, talk with our team of custom financial advisor website designers.