Marketing Compliance for Financial Planners: What ASIC Actually Restricts
Financial planners are often given two extremes when it comes to marketing advice: "just don't say anything specific, ever" from an overly cautious compliance team, or "everyone else is doing it, it'll be fine" from a marketer who's never had to sit through a licensee audit. Neither extreme serves the practice well. The practices that market with genuine confidence are the ones who've actually built a repeatable pre-publish check into their content process, so nobody's guessing case by case whether a testimonial or a claim about past performance is going to cause a problem down the track. Compliance isn't the enemy of good marketing here — vague, over-lawyered marketing that says nothing useful is usually the bigger commercial risk 💖
What most firms get wrong
The most common mistake is assuming marketing rules are the same as advice rules — that if you're not literally sitting in a Statement of Advice meeting, the usual obligations don't apply. In practice, ASIC's general advertising requirements around misleading and deceptive conduct apply to a Facebook post exactly as much as to a formal document. The second mistake is copying language from a competitor's website or ad without checking whether it's actually compliant — a claim being common in the industry doesn't make it low-risk, it may just mean nobody's been checked on it yet. The third is treating compliance as a one-off review at website launch rather than an ongoing check applied to every new piece of content, including social posts and ads that feel too small to worry about.
- Returns and performance claims: Does the content reference specific returns, growth rates, or comparisons to market/fund benchmarks? If yes, flag for compliance review before publishing — general statements about the value of advice are usually safer ground than specific figures.
- Past performance: Does the content use past results (yours or a client's) to imply future performance? Confirm with your licensee whether any required disclaimer applies, and never present past results without context on how representative they are.
- Testimonials and endorsements: Does the content include a client quote, review, star rating, or third-party endorsement? Use of testimonials in financial advice marketing carries specific conditions under ASIC's framework — this is not a simple "allowed" or "banned" situation, so confirm current rules with your compliance team before publishing any testimonial-based content, including on social media and Google reviews used in ads.
- General vs personal advice distinction: Does the content risk being read as personal advice (i.e. tailored to an individual's circumstances) when it's intended as general information? Add the appropriate general advice warning where relevant, worded per your licensee's standard template.
- Required disclosures: Are your AFSL number, licensee name, and any other mandated disclosures present where required (website footer, formal documents, relevant ad formats)?
- Urgency and scarcity language: Does the content pressure a reader toward a quick financial decision ("act now before rates change")? This kind of framing sits close to conduct risk and is worth removing or softening.
- Approval trail: Has this specific piece of content actually been signed off by whoever holds compliance responsibility at your practice, with a record kept of that approval?
How it actually works
- Assign one person (adviser, practice manager, or your licensee's compliance contact) as the final sign-off for all outward-facing marketing content.
- Keep a simple log of what was published, when, and who approved it — useful for your own peace of mind and for any audit or review.
- Build the checklist into your content workflow (e.g. a step in your content calendar or CMS) rather than relying on memory each time.
- Review evergreen content (website pages, old blog posts) periodically, not just new content — rules and licensee guidance can change.
- When in doubt on any specific claim, ask your AFSL licensee's compliance team directly rather than guessing based on what competitors are doing.
Mistakes to avoid
- Assuming social media posts and ads sit outside formal marketing compliance obligations.
- Copying competitor claims or testimonial usage without checking your own compliance position.
- Treating compliance review as a one-off at website launch instead of an ongoing process.
- Using vague blanket disclaimers instead of the specific wording your licensee actually requires.
- Assuming a claim is fine simply because "everyone in the industry says it."
Frequently asked questions
Is it ever okay to mention specific investment returns in marketing?
This is genuinely one of the higher-risk areas and depends heavily on context, required disclaimers, and your licensee's specific position — there's no blanket yes, so treat any reference to specific returns as needing individual compliance sign-off rather than assuming a past example is safe to reuse.
Are client testimonials allowed or not?
Neither — it's not a simple allowed/banned question. Use of testimonials and endorsements in financial advice marketing carries specific conditions under ASIC's framework, and the honest answer is you need to confirm current rules with your compliance team before using them, rather than assuming either extreme.
Does this apply to organic social media posts, or just paid ads and formal documents?
General advertising conduct obligations are not limited to paid ads — an organic LinkedIn post or Instagram caption carries the same basic obligations around not being misleading or deceptive as a formal brochure, even though the format feels more casual.
How often do these rules change, and how do we keep up?
Honest nuance: guidance and interpretation can shift over time, and this article reflects general principles rather than a fixed, permanent rulebook — the safest approach is checking in with your AFSL licensee's compliance team periodically rather than relying on any single article, including this one, as a final word.
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