Yes, but with conditions. Under the marketing rule, performance presentations must include both gross and net returns, show performance over standardized periods (1, 5, and 10 years or since inception), and not be misleading. You cannot cherry-pick profitable investments without showing overall fund performance.
If you are an ERA, the marketing rule technically applies to RIAs, but the SEC may scrutinize performance claims regardless. Follow the rule's principles as best practice, and ensure any performance data is accurate, consistent with your fund's records, and accompanied by appropriate disclosures.
This article is for informational purposes only and does not constitute legal advice. Consult qualified professionals for guidance specific to your situation.