Key Takeaways from the 2022 GIPS® Standards Conference

Sean P. Gilligan
Author
November 5, 2022
15 min
Key Takeaways from the 2022 GIPS® Standards Conference

CFA Institute hosted the 26th annual GIPS Standards Conference on October 25th - 26th 2022 in Boston, Massachusetts. This was the first time the GIPS Standards Conference was hosted in-person since the 2019 conference in Scottsdale, Arizona. It was great to be back together with so many familiar faces.

With the SEC Marketing Rule taking effect shortly after the conference, the hottest topic of this year’s conference was the two-hour session on this topic. Other topics included best practices for the implementation of the GIPS standards, information on ESG attribution, data visualization, practical advice for IRR calculations, OCIO performance issues, model portfolio programs and general updates on the GIPS standards.

SEC Marketing Rule

Michael McGrath, CFA, Partner with K&L Gates and Christine Schleppegrell, Acting Branch Chief with the Securities and Exchange Commission (“SEC”) did an excellent job addressing some of the grey areas relating to the presentation of performance in advertising.

Schleppegrell emphasized that the guidance is intended to be principles-based so there are not always back and white answers to these grey areas. Most important is that firms always consider if their advertisement is “fair and balanced” and appropriate/meaningful for the intended audience.

McGrath was able to share some more opinions on how firms can address some of the grey areas. Below are some key items worth highlighting:

Gross vs. Net for “Performance-Related” Statistics

The rule is clear that gross performance cannot be shown unless net performance is also shown. But for many trying to interpret this guidance it begs the question, what is “performance”? Is performance limited to only the actual returns of the strategy or are other risk measures and attribution considered “performance” as well?

A key distinction that was made is that performance demonstrates what the investors “actually took home.” So, charts that show the growth of a dollar would likely be considered “performance” and need to show net returns. On the other hand, a risk measure like standard deviation that indicates volatility, but does not actually tell us what the investor took home would likely not be considered “performance” and, therefore, can be shown based on gross returns without also showing net.

Performance appraisal measures like Sharpe ratio are a little closer to showing what an investor took home but are still just “performance-related” rather than “performance.” Attribution also likely fits into this “performance-related” category where it is likely okay to show based on gross data; however, for any of these performance-related measures, if choosing to show based on gross data rather than net you should:

  1. Document internally why you feel it is more appropriate/meaningful to use gross data for these measures, so you are prepared to justify its use if questioned by an examiner; and
  2. Present net performance (i.e., net time-weighted returns) for the strategy in conjunction with these other “performance-related” figures that are presented using gross performance data.

Calculating Net Performance

Calculating net performance for a composite can get tricky when a composite includes non-fee-paying accounts, accounts with greatly reduced fees, accounts that pay their fee by check, or accounts that pay their fees from other accounts managed by the same manager (we've written a separate post on how to account for these fees here). Firms presenting net performance based on actual fees must ensure fees are applied to every account in the composite even if some are non-fee-paying. While the GIPS standards allow firms to exclude non-fee-paying accounts from composites, the SEC Marketing Rule does not specifically allow this. If excluding non-fee-paying accounts, you will need to ensure that excluding them does not make your composite performance materially better. While a model fee can be applied to each non-fee-paying account, the easiest, and most conservative approach is simply to apply a model fee at the composite level.

Even when all accounts in the composite are fee-paying, if using actual fees to calculate net performance you should consider if the results are meaningful for your current prospects. For example, if historically you charged 75bps, but your current fee schedule for new prospects is 1.5%, it could be considered misleading to use net performance based on actual fees. It is considered more appropriate to apply a model fee based on the highest fee a prospective client would pay.

Materiality was also discussed with regards to non-fee-paying accounts in composites. Specifically, a question was asked regarding the need to adjust for non-fee-paying accounts in composites when the amount of non-fee-paying accounts in the composite is very small. It was confirmed that materiality can be considered, and no adjustment is needed if the impact is immaterial. Of course, materiality can be difficult to define so if your firm is electing to not adjust performance for the non-fee-paying accounts in the composite, you should document your justification for this. This documented justification should make it clear why the results are meaningful and appropriate for your intended audience without any adjustment.

Using Representative Accounts for Attribution

Many firms are accustomed to using representative accounts for attribution rather than using a composite for attribution. This may continue to be okay if the firm can demonstrate that the results for the representative account are not better than the composite and also that the account has attributes that truly are representative of the strategy. Generally, this attribution would be shown in conjunction with composite performance, so the representative account is only used for “performance-related” statistics and not for the performance itself.

Customized Requests for Prospects

If a prospect requests a customized report of information that typically would not be allowed in an advertisement, it may be okay to provide this information to meet their specific customized request. However, if you have a report saved with this type of information that you provide to more than one prospect when requested, this may no longer be considered customized and may then be considered an advertisement.

For example, if you create a report of gross equity returns extracted from a balanced strategy to provide upon request, this may be deemed an advertisement if you provide the same report to multiple prospects. In other words, it needs to be custom tailored each time to meet the unique request of a prospect to fall outside of the Marketing Rule. When in doubt, it is safest to assume it will be considered an advertisement and include all required statistics and disclosures.

GIPS Standards Implementation

I had the pleasure of speaking on this panel together with two other industry experts with experience in GIPS standards verification and consulting. Together, we emphasized the importance of ensuring GIPS compliant firms take the time to customize their policies and procedures to be meaningful for their firm. Often firms create their policies and procedures using a template when first becoming GIPS compliant. It can be hard to include detailed procedures at that stage because it is all so new. A key takeaway from this session was to go back to your policies and procedures and take a fresh look to consider if they are clear and complete or if more detailed procedures should be added now. If you would like some additional guidance, we have summarized a list of the main topics to consider updating in a previous post here.

Involvement from key stakeholders in your firms GIPS compliance was also discussed. Whether it be for determining error correction materiality thresholds, defining composites, or other important decisions for your GIPS compliance, it is important to include stakeholders from around your firm. Specifically, members of your firm from performance, operations, compliance, portfolio management, sales & marketing, and executive management should be consulted to help create robust policies that consider different facets of your business. Often, firms create a GIPS Standards Oversight Committee with members from each of these areas to help facilitate effective internal communication between departments regarding the implementation of the firm’s GIPS compliance.

Detailed composite construction policies were also discussed such as minimum asset levels and significant cash flow policies. The key takeaway from this was to ensure you are not over complicating policies. Implementing composite minimums and significant cash flow policies can be beneficial in some cases, but if you do not have a system to help automate the monitoring and implementation of these policies, the risk these policies add may outweigh the benefit. Depending on the size of the composite, these policies may only have an immaterial impact on the composite results. Since implementing policies like this (especially when not automated) increases risk of errors in composite membership, it is important to consider the potential administrative burden when determining whether you want to have these optional policies for your composites.

OCIOs and GIPS Compliance

Many OCIOs (Outsourced Chief Investment Officers) are currently working toward GIPS compliance. With the way these firms operate with heavily customized portfolios, defining discretion and constructing composites can be very challenging. With this in mind, additional guidance for OCIOs claiming compliance with the GIPS standards is in the works. An initial consultation paper is expected mid-2023 that will be open for public comment. Finalized guidance for OCIOs will be available after there has been time to consider the feedback received from the public.

Conclusion

This year’s speakers did a great job providing clarification on the SEC Marketing Rule and other relevant topics that impact GIPS compliance and investment performance.

We were happy to be back in-person to attend the conference in Boston and look forward to hearing where next year’s conference will be!

If you have any questions about the 2022 GIPS Standards Conference topics or GIPS and performance in general, please contact us.

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ColoradoBiz Names Longs Peak’s Jocelyn Gilligan, CFA, CIPM as a GenZYZ Top Young Professional
Longs Peak is pleased to announce that Partner and Co-Founder, Jocelyn Gilligan has been named a GenXYZ Top Young Professional by ColoradoBiz Magazine. As ColoradoBiz states, “They’re uncommon achievers, whether as entrepreneurs, CEOs, nonprofit leaders, visionaries critical to their companies’ success or, in some cases, all of those roles. This year’s Top 25 Young Professionals figure to continue making a difference professionally and in their communities for years to come.”
March 14, 2023
15 min

Longs Peak is pleased to announce that Partner and Co-Founder, Jocelyn Gilligan has been named a GenXYZ Top Young Professional by ColoradoBiz Magazine.

As ColoradoBiz states, “They’re uncommon achievers, whether as entrepreneurs, CEOs, nonprofit leaders, visionaries critical to their companies’ success or, in some cases, all of those roles. This year’s Top 25 Young Professionals figure to continue making a difference professionally and in their communities for years to come.”

Jocelyn grew up in Boulder, CO and graduated from the University of Colorado. She started her career at Ernst & Young in New York City where she worked on their Financial Services Transfer Pricing Team. She transferred with EY to their office in Shanghai and then eventually to Hong Kong. Jocelyn left EY as a Manager and relocated back to Colorado where she and her husband started a family. Soon thereafter, Jocelyn and Sean founded Longs Peak out of a small one-car garage in their home in Longmont, CO. Now running a thriving team of 14, Jocelyn has weathered the ups and downs of entrepreneurship. She credits a lot of their success to their amazing team and the community of entrepreneurs they live near and network with (Longs Peak is an active member of EO (Entrepreneurs Organization)).

Jocelyn is a voting member of the PTO at her children’s school and a member of Women in Investment Performance Measurement, a group recently founded to support women in the investment performance industry.

Please join us in celebrating this year’s ColoradoBiz Top Young Professionals nominees. You can view the complete list of nominees here

About ColoradoBiz’s Top 25 Young Professionals

The 13th annual Gen XYZ awards is open to those under 40 who live and work in Colorado — numbered in the hundreds, making for difficult decisions and conversations among judges, as always. Applications were judged by our editorial board based on career achievement, community engagement and their stories of how they got to where they are now.

About Longs Peak

Longs Peak is a purpose and values-driven company. It is our mission to make investment performance information more transparent and reliable—empowering investors to make better, more informed investment decisions.

At the onset, we were looking to help smaller investment managers by giving them access to professional performance experts and tools typically only available to very large firms. We know that our work enables emerging managers to compete with the big guys and helps facilitate their growth. We strive to be our clients’ most valued outsource partner and to be known for our exceptional client service. We know that providing exceptional client service means that we must first create a culture that lives by the ideals we are trying to create for our clients. A place where incredibly talented individuals are empowered to put their best work into the hands of clients that truly value what we do. As a firm, we recognize that our greatest asset is people – both those we work with and those we work for. We continue to evolve into something that represents the needs of both of these groups and hope someday a GIPS Report is provided to every prospective investor in the world.

SEC Clarifies Marketing Rule: Gross-of-Fee Returns Allowed Under Certain Conditions
The investment management industry has spent significant time grappling with the SEC’s Marketing Rule and the question of whether gross-of-fee returns can be presented without corresponding net-of-fee returns in certain cases. Many firms have invested resources in trying to allocate fees to individual securities and sectors in an effort to comply. However, the SEC has now issued two FAQs (March 19, 2025) that provide much appreciated clarity on extracted performance and portfolio characteristics. The key takeaway? It is possible to present gross-of-fee returns without net-of-fee returns—if certain conditions are met.
March 27, 2025
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The investment management industry has spent significant time grappling with the SEC’s Marketing Rule and the question of whether gross-of-fee returns can be presented without corresponding net-of-fee returns in certain cases. Many firms have invested resources in trying to allocate fees to individual securities and sectors in an effort to comply. However, the SEC has now issued two FAQs (March 19, 2025) that provide much appreciated clarity on extracted performance and portfolio characteristics. The key takeaway? It is possible to present gross-of-fee returns without net-of-fee returns—if certain conditions are met.

Extracted Performance: Gross Returns Can Stand Alone Under Specific Criteria

Investment advisers often present the performance of a single investment or a subset of a portfolio (“extracted performance”) in marketing materials. Historically, the SEC required both gross and net performance to be shown for such extracts. The new guidance provides a pathway for firms to display only gross-of-fee extracted performance, provided the following conditions are met:

  1. The extracted performance must be clearly identified as gross performance.
  2. The advertisement must also present the total portfolio’s gross and net performance in a manner consistent with SEC requirements.
  3. The total portfolio’s performance must be given at least equal prominence to, and facilitate comparison with, the extracted performance.
  4. The total portfolio’s performance must be calculated over a period that includes the entire period of the extracted performance.

If these conditions are satisfied, the SEC staff has indicated they will not recommend enforcement action, even if the extracted performance is presented without corresponding net returns. This is a notable shift, as it allows firms to avoid the complex and often impractical task of allocating fees at the investment or sector level.

Portfolio and Investment Characteristics: Net-of-Fee Not Always Required

Another common industry question has been whether certain portfolio or investment characteristics—such as yield, volatility, Sharpe ratio, sector returns, or attribution analysis—constitute “performance” under the marketing rule, and if so, whether they must be presented net of fees.

The SEC’s latest guidance acknowledges that calculating these characteristics net of fees can be difficult and, in some cases, may lead to misleading results. As a result, the staff has confirmed that firms may present gross characteristics alone, without net characteristics, if they meet the following criteria:

  1. The characteristic must be clearly identified as calculated without the deduction of fees and expenses.
  2. The advertisement must also present the total portfolio’s gross and net performance in a manner consistent with SEC requirements.
  3. The total portfolio’s performance must be given at least equal prominence to, and facilitate comparison with, the gross characteristic.
  4. The total portfolio’s performance must be calculated over a period that includes the entire period of the characteristic being presented.

As with extracted performance, these conditions help ensure that the presentation is not misleading, reducing the risk of enforcement action.

Bottom Line: A Practical Path Forward

This updated SEC guidance provides much-needed flexibility for investment managers, allowing for the presentation of gross-of-fee returns in a compliant manner. Firms that clearly disclose their approach and follow the specified conditions can reduce compliance burdens while still meeting investor protection standards. While this does not eliminate all complexities of the Marketing Rule, it does offer a practical solution that allows for more straightforward and meaningful performance reporting.

For firms navigating these changes, ensuring clear disclosures and maintaining compliance with the general prohibitions of the rule remains critical. Those who align their advertising materials with these guidelines can now confidently use gross-of-fee performance in a way that is both transparent and in compliance with regulatory requirements.

Questions?

If you have questions about calculating or presenting investment performance in a manner that complies with regulatory requirements or industry best practices, we would love to talk to you. Please feel free to email us at hello@longspeakadvisory.com.

New GIPS Standards Guidance for OCIOs: What You Need to Know
The Global Investment Performance Standards (GIPS®) have released a new Guidance Statement for OCIO Portfolios, bringing greater transparency and consistency to the way Outsourced Chief Investment Officers (OCIOs) report performance. This update is a significant milestone for firms managing OCIO Portfolios and asset owners looking to evaluate their OCIO providers.
February 3, 2025
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The Global Investment Performance Standards (GIPS®) have released a new Guidance Statement for OCIO Portfolios, bringing greater transparency and consistency to the way Outsourced Chief Investment Officers (OCIOs) report performance. This update is a significant milestone for firms managing OCIO Portfolios and asset owners looking to evaluate their OCIO providers.

What is an OCIO?

An Outsourced Chief Investment Officer (OCIO) is a third-party fiduciary that provides both strategic investment advice and investment management services to institutional investors such as pension funds, endowments, and foundations. Instead of building an in-house investment team, asset owners delegate investment decisions to an OCIO, which handles everything from strategic planning to portfolio management.

Who Does the New Guidance Apply To?

The Guidance Statement for OCIO Portfolios applies when a firm provides both:

  1. Strategic investment advice, including developing or assessing an asset owner’s strategic asset allocation and investment policy statement.
  2. Investment management services, such as portfolio construction, fund and manager selection, and ongoing management.

This ensures that firms managing OCIO Portfolios follow standardized performance reporting, making it easier for prospective clients to compare OCIO providers.

Who is Exempt from the OCIO Guidance?

The guidance does not apply in the following scenarios:

  • Investment management without strategic advice – If a firm only manages investments without advising on asset allocation or investment policy.
  • Strategic advice without investment management – If a firm provides recommendations but does not manage the portfolio.
  • Partial OCIO portfolios – If a firm only manages a portion of a portfolio, rather than the full OCIO mandate.
  • Retail client portfolios – The guidance is specific to institutional OCIO Portfolios and does not apply to retail investors including larger wealth management portfolios.

Key Change: Required OCIO Composites

Previously, OCIO firms had flexibility in defining their performance composites. Now, the GIPS Standards introduce Required OCIO Composites, which categorize portfolios based on strategic asset allocation.

Types of Required OCIO Composites

  1. Liability-Focused Composites – Designed for portfolios aiming to meet specific liability streams, such as corporate pensions.
  2. Total Return Composites – Focused on capital appreciation, commonly used by endowments and foundations.

Firms must classify OCIO Portfolios based on their strategic allocation, not short-term tactical shifts. This standardization enhances comparability across OCIO providers. The specific allocation ranges for the required composites are as follows:

Required OCIO Composites for OCIO Portfolios

Required OCIO Composites
Source: Guidance Statement for OCIO Portfolios

Performance Calculation & Reporting

To ensure transparency, firms must follow specific rules for return calculations and fee disclosures:

  • Time-weighted returns (TWR) are required, even for portfolios with private equity or real estate holdings.
  • Both gross and net-of-fee returns must be presented to clarify the true cost of OCIO management.
  • Fee schedule disclosures must include all investment management fees, including fees from proprietary funds and third-party placements.

Enhanced Transparency in GIPS Reports

The new guidance also requires OCIO firms to disclose additional portfolio details, such as:

  • Annual asset allocation breakdowns (e.g., growth vs. liability-hedging assets).
  • Private market investment and hedge fund exposures.
  • Portfolio characteristics, such as funding ratios and duration for liability-focused portfolios.

By providing these details, OCIO firms enable prospective clients to make better-informed decisions when selecting an investment partner.

When Do These Changes Take Effect?

The Guidance Statement for OCIO Portfolios is effective December 31, 2025. From this date forward, GIPS Reports for Required OCIO Composites must follow the new standards. However, firms are encouraged to adopt the guidance earlier to improve transparency and reporting consistency.

Why This Matters

With OCIO services growing in popularity, this new guidance ensures that firms adhere to best practices in performance reporting. By establishing clear rules for composite classification, return calculation, and fee disclosure, the guidance empowers asset owners to compare OCIO providers with confidence.

As the December 31, 2025 deadline approaches, OCIO firms should begin aligning their reporting practices with this new guidance to stay ahead of the curve.

Don’t miss CFA Institute’s webinar scheduled for this Thursday February 6, 2025 to hear more on this guidance statement.

Questions?

If you have questions about the Guidance Statement for OCIO Portfolios or the Standards in general, we would love to talk to you. Longs Peak’s professionals have extensive experience helping firms become GIPS compliant as well as helping firms maintain their compliance with the GIPS Standards on an ongoing basis. Please feel free to email us at hello@longspeakadvisory.com.