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SEC Announces 2026 Regulatory Agenda (Registered Funds Regulatory Update)

07.09.26

(Article from Registered Funds Regulatory Update, July 2026)

For more information, please visit the Registered Funds Resource Center.

On July 7, 2026, the SEC’s Office of Information and Regulatory Affairs released the SEC’s 2026 Regulatory Agenda, which outlines the Division of Investment Management’s key regulatory priorities and anticipated timing. SEC Chair Paul Atkins noted that the Agenda reflects the SEC’s focus on (i) embracing innovation and new technology; (ii) reversing the decline of public companies and revitalizing public markets; and (iii) ensuring a regulatory framework that is transparent, accessible, and safeguarded. The Agenda indicates that the SEC currently intends to propose the following noteworthy proposals in July 2026:

  • rules governing the offer and sale of crypto assets, potentially including certain exemptions and safe harbors, intended to clarify the regulatory framework applicable to crypto assets and provide greater certainty to the market;
  • amendments to the broker-dealer financial responsibility rules, including amendments addressing the application of these rules to crypto assets; and
  • amendments to account for the trading of crypto assets on alternative trading systems and national securities exchanges.

The SEC also intends to propose the following noteworthy proposals in October 2026:

  • rule amendments and/or new rules under the Advisers Act and the 1940 Act designed to facilitate retail investor exposure to private markets through registered investment companies and to expand the categories of clients to which investment advisers may charge performance-based fees;
  • rule amendments intended to simplify the “pathways” companies use to privately raise capital, including potential amendments to the definition of “accredited investor” in Rule 501 of Regulation D;
  • amendments to Rule 17a-7 under the 1940 Act to expand the availability of the exemption of certain purchase or sale transactions between an investment company and certain affiliated persons;
  • rule amendments or new rules under the Advisers Act and the 1940 Act to modernize the custody framework, including to address custody of crypto assets;
  • amendments to Rule 206(4)-5 under the Advisers Act prohibiting investment adviser pay-to-play practices, intended to address identified compliance burdens;
  • amendments to the recordkeeping rules applicable to investment advisers and broker-dealers;
  • rules governing the electronic delivery of information required to be delivered under the federal securities laws, intended to modernize the SEC’s approach to electronic communications and reduce the costs associated with paper delivery;
  • rule amendments intended to rationalize disclosure practices to facilitate disclosure of material information by companies and to improve shareholder access to that information;
  • rule amendments intended to modernize the requirements of Exchange Act Rule 14a-8, which grants shareholders the right to submit proposals for a vote at company meetings, to reduce compliance burdens for registrants and reflect developments since the rule was last amended;
  • rule amendments intended to modernize the rules governing the proxy solicitation process, including certain filing and procedural requirements relating to proxy solicitations and shareholder meetings, to reduce costs and compliance burdens;
  • new exemptive rule under the 1940 Act to allow registered investment companies to lend securities using an affiliated lending agent that is compensated based on a share of the revenue derived by the securities lending transactions, subject to certain conditions; and
  • rules addressing the regulatory status of “finders” for purposes of Section 15(a) of the Exchange Act.

Paul Atkins, SEC Chair, Statement on the 2026 Regulatory Agenda (July 7, 2026), available at: https://www.sec.gov/newsroom/speeches-statements/atkins-statement-2026-regulatory-agenda-070726.

Agency Rule List - 2026 (July 7, 2026), available at: https://www.reginfo.gov/public/do/eAgendaMain?operation=OPERATION_GET_AGENCY_RULE_LIST&currentPub=true&agencyCode=&showStage=active&agencyCd=3235&csrf_token=DF18DEC037C6B7413A2711AFEFB3C495C59E06BFCDE7E1BE46A6C4146A2687B824ADE53473DD4A3583D506204D82DFD751C6.