SEC Seeks Input to Keep Investment Rules Intact
Published Date: 5/1/2025
Notice
Summary
The SEC wants to keep the rules that make sure investment advisers safely hold your money and tell you where it is. If advisers have your funds, they must keep them with trusted banks or brokers, send you clear statements, and get yearly surprise checks from independent accountants. This keeps your money safe without adding new costs or deadlines, just continuing the current protections.
Analyzed Economic Effects
5 provisions identified: 3 benefits, 1 costs, 1 mixed.
Custody With Qualified Custodians
If a registered investment adviser has custody of your funds or securities, the adviser must keep those client assets with a broker-dealer, bank, or other "qualified custodian" and promptly tell you where and how your assets are held. This rule is part of Rule 206(4)-2 under the Investment Advisers Act of 1940 and continues to apply while the SEC seeks OMB extension.
Annual Surprise Examination Requirement
Advisers that have custody of client funds or securities must have an annual surprise examination by an independent public accountant to verify client assets. If client assets are not maintained by an independent custodian, the adviser must obtain a written report of internal controls from an independent public accountant registered with and inspected by the PCAOB.
Compliance Burden Estimates for Advisers
The SEC estimates 9,210 registered investment advisers would be subject to this information collection. It estimates an average of 3,639 responses per respondent, 0.009426547 hours per response, and an annual aggregate burden of 315,925 hours. The agency is requesting OMB extension of the collection under the Paperwork Reduction Act.
Quarterly Custodian Statements
Advisers must have a reasonable basis to believe the qualified custodian sends account statements directly to clients at least quarterly that show the amount of funds, each security at period end, and all transactions during the period. If the adviser sends account statements, it must include a legend urging clients to compare the adviser's statements with the custodian's statements.
Exemptions for Certain Pools and Custody Situations
The rule exempts registered investment companies from these custody requirements. Limited partnerships, LLCs, and other pooled investment vehicles are excepted from account statement delivery and the annual surprise exam if the pools are audited annually by a PCAOB-registered accountant and audited financial statements are distributed to investors. There are also exceptions when custody exists only because the adviser deducts fees or because a related person (operationally independent) holds assets.
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2026-19260, Rescission of Rule 14a-8's Federal Regulation of Shareholder Proposals and Amendments to Rule 14a-4
The SEC wants to stop its federal rule that controls how shareholders can make proposals at company meetings, letting state laws and company rules take over instead. They’re also changing rules so companies can sometimes vote on proposals not in their official materials—but shareholders can opt out if they want. This affects investors and companies, with comments open until November 20, 2026, and could shake up how shareholder voices are heard and counted.
2026-18424, Political Contributions by Certain Investment Advisers
The Securities and Exchange Commission (the "Commission" or the "SEC") is proposing to rescind the political contribution rule under the Investment Advisers Act of 1940 (the "Advisers Act"), which prohibits investment advisers from providing investment advisory services for compensation to a government client for two years after an adviser or any covered associate of the adviser makes a contribution to certain categories of elected officials or candidates, among other prohibitions. In the more than fifteen years since the rule was adopted, implementation challenges associated with the political contribution rule have resulted in a range of significant unintended consequences, including compliance practices among some investment advisers that may have had the effect of restricting all political contributions by the investment advisers and their employees. Market participants also have stated that the political contribution rule is burdensome, complex, and both lacks clarity and creates a de facto strict liability standard. The Commission is of the view that other existing requirements of the Advisers Act and its associated rules, including prohibitions on fraud, fiduciary duty requirements, the compliance rule, and the code of ethics rule (defined below), are likely sufficient to address pay-to-play practices while allowing an adviser the flexibility to implement an approach that is more appropriately tailored to its particular risks, rendering the political contribution rule unnecessary. The Commission also is proposing to amend the rule under the Advisers Act pertaining to books and records consistent with the proposed rescission.
2026-18190, Transfer Agent Rules
The U.S. Securities and Exchange Commission ("SEC" or "Commission") is proposing to adopt new rules, amend existing rules, amend the existing form for registration with the Commission as a transfer agent (Form TA-1) and the existing form for reporting activities of transfer agents (Form TA-2), and rescind an existing rule governing registered transfer agents. The proposals are designed to modernize the rules governing registered transfer agents.
2026-17183, Regulation Crypto Assets
The Securities and Exchange Commission ("Commission") is proposing new rules to create a tailored offering regime for certain investment contracts involving crypto assets. The proposed offering regime is intended to facilitate capital formation and accommodate innovation within the crypto asset markets while, at the same time, ensuring that investors are adequately protected and provided with the information they need to make informed investment decisions. The proposed rules would be set forth in a new regulation titled "Regulation Crypto Assets" and would include two exemptions from the registration requirements of section 5 of the Securities Act of 1933. The first exemption would permit offerings of up to $5 million during a four-year period. The second exemption would permit offerings of up to $75 million during each 12-month period. Under both exemptions, issuers would be required to make certain principles-based narrative disclosures available to their investors. In addition, issuers under the second exemption would be required to provide financial statements and would be subject to ongoing reporting requirements. Issuers that rely on these exemptions would remain subject to the antifraud and antimanipulation provisions of the Federal securities laws. The proposed rules also would include a conditional safe harbor from the term "investment contract" in the definitions of "security" in the Securities Act of 1933 and the Securities Exchange Act of 1934. If the conditions of that proposed safe harbor are satisfied, then a crypto asset would be deemed not to be subject to an investment contract for purposes of those definitions of "security."
2026-12163, The Trade-Through Rule and Locked and Crossed Markets Provisions of Regulation NMS
The SEC wants to scrap some old rules that stop stocks from being traded at worse prices and prevent confusing market quotes. This change affects stock traders and exchanges, aiming to simplify trading and possibly speed things up. If you want to share your thoughts, you’ve got until August 17, 2026, so don’t miss out!
2026-10373, Registered Offering Reform
The SEC wants to make it easier and cheaper for more companies to sell their stocks and bonds to the public. They’re opening up special forms and benefits to more businesses, updating rules to be more modern, and cutting red tape by overriding some state rules. If you’re a company planning to raise money, these changes could speed things up and save you money, with feedback due by July 27, 2026.
Previous / Next Documents
Previous: 2025-07547, Open meeting of the Taxpayer Advocacy Panel's Toll-Free Phone Lines Project Committee
The Taxpayer Advocacy Panel's Toll-Free Phone Lines Project Committee is holding a phone meeting to gather ideas on making IRS customer service better. If you call the IRS, your feedback could help improve wait times and support. The meeting is open to the public and happens soon, so don’t miss your chance to speak up!
Next: 2025-07549, Open Meeting of the Taxpayer Advocacy Panel's Special Projects Committee
The Taxpayer Advocacy Panel's Special Projects Committee is holding a public phone meeting to gather ideas on making IRS customer service better. If you pay taxes or help others with taxes, your input can help shape improvements. The meeting is a chance to speak up and make a difference without leaving your home!