SEC Unlocks Performance Bonuses for Fancy Investment Gurus
Published Date: 10/6/2026
Proposed Rule
Summary
The SEC wants to update rules so more investment advisers can earn money based on how well they grow their clients' investments, especially for certain funds and richer investors. They’re also asking funds to clearly report these payments. If you’re an adviser or investor, watch out—comments are open until December 7, 2026, and these changes could shake up how advisers get paid!
Analyzed Economic Effects
3 provisions identified: 1 benefits, 0 costs, 2 mixed.
Allow Performance Fees for Regulated Funds
The SEC proposes to expand the rule so registered investment advisers can receive performance-based compensation from certain regulated funds, specifically registered management investment companies and business development companies, subject to conditions. This change would permit advisers to charge fees based on a share of capital gains or capital appreciation for those fund clients.
More Investors Eligible for Performance Fees
The SEC proposes to revise the Advisers Act 'qualified client' definition to include investors who meet the 'accredited investor' definition in Regulation D under the Securities Act of 1933. This would allow investment advisers to enter into performance-fee arrangements with a broader set of investors who qualify as accredited investors.
Require Funds to Disclose Performance Pay
The proposal would amend regulated fund registration and reporting forms to require separate disclosure of all performance-based compensation paid by regulated funds to their investment adviser, including compensation based on interest, ordinary income, or dividends. Shareholders of regulated funds would therefore receive distinct reporting of these adviser payments.
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Key Dates
Department and Agencies
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