---
title: "Compare an adviser's AI marketing claims with the file"
url: "https://ailawframework.com/practice/financial-services-regulation/review-an-afsl-holder-s-ai-governance-against-asic-rep-798/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A28-B8-1-US"
practice_area: "Financial Services Regulation (AFSL/ASIC/credit)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Compare an adviser's AI marketing claims with the file

> List each public sentence that says the adviser uses artificial intelligence, where it appears, and the internal description of the tool. Do not rewrite the website, the brochure or Form ADV.

Canonical page: https://ailawframework.com/practice/financial-services-regulation/review-an-afsl-holder-s-ai-governance-against-asic-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 each public sentence that says the adviser uses artificial intelligence, where it appears, and the internal description of the tool. Do not rewrite the website, the brochure or Form ADV. |
| What the lawyer must review | SEC press release 2024-36 reports settled charges against two investment advisers for false and misleading statements about their use of artificial intelligence. The release says the Marketing Rule prohibits a registered adviser from disseminating an advertisement that includes an untrue statement of a material fact, and it quotes the Commission's concern that public companies' AI claims can also be material. Section 206 of the Advisers Act, 15 U.S.C. § 80b-6, prohibits devices and courses of business that operate as a fraud on a client or prospective client. You decide whether each sentence is true of the system actually in use. Formal Opinion 512 does not make a marketing sentence true. |
| Written for | United States |
| Applies to | [Review an AFSL holder's AI governance against ASIC REP 798](https://ailawframework.com/practice/financial-services-regulation/review-an-afsl-holder-s-ai-governance-against-asic-rep-798.md) |

## Checking plan

- What the AI does: List each public sentence that says the adviser uses artificial intelligence, where it appears, and the internal description of the tool. Do not rewrite the website, the brochure or Form ADV.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The Marketing Rule text is 17 C.F.R. § 275.206(4)-1. The press release describes the charged violation. Open the rule before you quote it.
- Do not describe an Australian general-advice warning as the U.S. disclosure.

## Sources

- [SEC press release 2024-36, AI-related misstatements by two investment advisers](https://www.sec.gov/newsroom/press-releases/2024-36) (checked 2026-10-22)
- [15 U.S.C. § 80b-6, Investment Advisers Act section 206](https://www.law.cornell.edu/uscode/text/15/80b-6) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (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.*