While reviewing a brochure a representative drafted, a principal reads the line 'This bond fund will deliver a guaranteed 8% return every year.' Under the content standards of FINRA Rule 2210, what should the principal do?
- AReject the brochure and require revision, because a guaranteed-return statement is promissory and misleading, which the content standards prohibit. Correct
- BApprove the brochure, since the 8% figure simply reflects the fund's stated income objective.
- CApprove the brochure provided a small-print footnote notes that returns are not assured.
- DApprove the brochure only after filing it with FINRA and obtaining a no-objection response.
Why A is correct: The content standards bar false, exaggerated, promissory, or misleading claims, so a guaranteed annual return must be removed before the piece can be approved for use.
Why B is wrong: Tempting because objectives can be described, but stating a guaranteed annual return is a promissory claim, and an objective cannot be dressed up as a promise of results.
Why C is wrong: Tempting because disclaimers often cure ambiguity, but a footnote cannot rescue an outright guarantee; the promissory statement itself must be removed.
Why D is wrong: Tempting because some pieces are filed, but filing does not sanitise a prohibited claim; a guaranteed-return statement violates the content standards regardless of filing.