The SEC has several rules regarding hypothetical disclosures, noting that use of the word “may” can often be misleading to investors. This has proven to be a controversial subject among the investment management industry.
Asset management partner Joel Wattenbarger told Bloomberg Law that, “We know it can be a real bugaboo, for lack of a more technical term, to the SEC.”
“Part of challenge, or at times even frustration, as a practitioner is you have to be constantly on guard to, ‘am I giving this particular conflict or this particular matter sufficient weight if I say this ‘may’ occur?’” Joel said.
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