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Guide

Presenting performance under the SEC Marketing Rule

Gross and net side by side, consistent calculations, and records you can produce on request.

By SRM, Executive Director · Updated October 2026

What does the SEC Marketing Rule require for performance?

Rule 206(4)-1 under the Advisers Act requires advisers that show gross performance in an advertisement to show net performance with at least equal prominence, calculated over the same period and using the same methodology, and imposes conditions on extracted, hypothetical and predecessor performance. Advisers must keep records supporting the performance they present.

Gross and net, together

If a pitch book shows gross IRR, it must show net IRR alongside it with equal prominence. That means net returns must be calculable for the same period and method — straightforward when both come from the same ledger cash flows.

Extracted and hypothetical performance

Showing a subset of deals or a hypothetical track record carries extra conditions and policy requirements. Advisers generally present the total portfolio alongside any extract.

Consistency and records

The easiest way to comply is to compute performance one way, from one source, and keep the calculation. Performance that is rebuilt in a slide deck each fundraise invites inconsistency.

Questions

Does the rule apply to materials sent only to existing investors?

It depends on the communication; consult counsel.

Does FUN/D provide compliance advice?

No. It provides consistent calculations and records.

About the author

SRM, Executive Director. Founder and lead designer of FUN/D.

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