Brochure Rule

Laws & Regulations High Relevance

The requirement that investment advisers deliver Form ADV Part 2A (the "brochure") to clients at least 48 hours before entering an advisory contract or at contract signing with a 5-day penalty-free cancellation right. SEC Rule 204-3 under the Investment Advisers Act of 1940.

Example

An adviser meeting with a prospective client on Friday must deliver the brochure by Wednesday to avoid triggering the 5-day cancellation period. Existing clients must receive an updated brochure or summary of material changes annually.

Common Confusion

The 48-hour rule applies to new clients only. Existing clients receive annual updates but don't get a 5-day cancellation right unless material changes occur.

How This Is Tested

  • Understanding the 48-hour advance delivery requirement for new clients
  • Recognizing when the 5-day penalty-free withdrawal right applies
  • Knowing annual delivery requirement to existing clients (brochure or summary)
  • Distinguishing between initial delivery requirements and annual updates
  • Identifying when a full brochure vs. summary of material changes is required

Regulatory Limits

Description Limit Notes
Advance delivery to avoid cancellation right At least 48 hours before contract signing If delivered earlier, no cancellation period required
Penalty-free withdrawal period 5 business days If brochure delivered at or after contract signing
Annual update to existing clients Once per year Full brochure OR summary of material changes

Example Exam Questions

Test your understanding with these practice questions. Select an answer to see the explanation.

Question 1

Robert, a prospective client, meets with an investment adviser on Thursday afternoon to sign an advisory contract. The adviser hands Robert the Form ADV Part 2A brochure at the meeting and asks him to review it before signing. Robert signs the contract 30 minutes later. Which of the following statements is accurate regarding this situation?

Question 2

Under the Brochure Rule, what is the minimum advance delivery time required to avoid granting clients a penalty-free cancellation period?

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Question 3

An investment adviser delivers Form ADV Part 2A to a prospective client on Monday at 3:00 PM. The client wants to sign the advisory contract as soon as possible. Assuming normal business days (no holidays), what is the earliest day the contract can be signed without triggering the 5-day penalty-free cancellation period?

Question 4

All of the following statements about the Brochure Rule are accurate EXCEPT

Question 5

An investment adviser delivers the Form ADV Part 2A brochure to a new client at the time of contract signing on Tuesday. Which of the following statements are accurate?

1. The client has until the following Tuesday to cancel without penalty
2. The adviser must provide an updated brochure to this client annually
3. The adviser violated the 48-hour advance delivery requirement
4. The client can cancel the contract within 5 business days without penalty

💡 Memory Aid

Brochure Rule: "48 before = locked in. At signing = 5-day escape hatch!" Think of it like a cooling-off period: give clients time to review OR time to change their mind.

Related Concepts

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Where This Appears on the Exam

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