---
title: "Gap-check an adviser AI policy against the compliance rule"
url: "https://ailawframework.com/practice/financial-services-regulation/draft-a-licensee-ai-governance-framework-gap-table-against-rep-798/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A28-B6-2-US"
practice_area: "Financial Services Regulation (AFSL/ASIC/credit)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Gap-check an adviser AI policy against the compliance rule

> List whether the file contains written policies, a review dated within the year, and a named chief compliance officer.…

Canonical page: https://ailawframework.com/practice/financial-services-regulation/draft-a-licensee-ai-governance-framework-gap-table-against-rep-798/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Financial Services Regulation (AFSL/ASIC/credit)](https://ailawframework.com/practice/financial-services-regulation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | List whether the file contains written policies, a review dated within the year, and a named chief compliance officer. Add a separate row if the policy is used in employment decisions, and a separate row for a Colorado consequential decision. Write no policy text. |
| What the lawyer must review | Rule 206(4)-7 requires written policies and procedures reasonably designed to prevent violations of the Advisers Act and its rules, a review no less frequently than annually, and a supervised person designated as chief compliance officer. The EEOC questions-and-answers state that federal employment-discrimination laws apply to AI in employment decisions, and they list protected characteristics including race, color, religion, sex, national origin, age 40 or older, disability, and genetic information. That page is about employment, not about investment advice. Colorado SB26-189 became law when the Governor signed it on 14 May 2026. The bill-page summary says developer documentation duties for covered automated decision technology start on 1 January 2027. Those duties are not in force on 22 October 2026. The signed act was not read section by section, so no section number is used. This is not an Australian regulatory guide. |
| Written for | United States |
| Applies to | [Draft a licensee AI governance framework gap table against REP 798](https://ailawframework.com/practice/financial-services-regulation/draft-a-licensee-ai-governance-framework-gap-table-against-rep-798.md) |

## Checking plan

- What the AI does: List whether the file contains written policies, a review dated within the year, and a named chief compliance officer. Add a separate row if the policy is used in employment decisions, and a separate row for a Colorado consequential decision. Write no policy text.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not apply the Colorado duties before 1 January 2027, and do not apply them outside the summary on the bill page.
- The EEOC page is not an advice rule. Use it only if the policy touches employment decisions.

## Sources

- [17 C.F.R. section 275.206(4)-7, Compliance procedures and practices](https://www.law.cornell.edu/cfr/text/17/275.206(4)-7) (checked 2026-10-22)
- [EEOC, What is the EEOC's role in AI (PDF, 29 April 2024)](https://www.eeoc.gov/sites/default/files/2024-04/20240429_What%20is%20the%20EEOCs%20role%20in%20AI.pdf) (checked 2026-10-22)
- [Colorado SB26-189 bill page](https://leg.colorado.gov/bills/sb26-189) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*