SEC Eyes Looser Rules for Investment Funds Cross-Trading Securities
Published Date: 10/15/2026
Proposed Rule
Summary
The SEC wants to update the rules for cross trading, which is when investment companies trade securities with their affiliates. They’re making more types of securities eligible, tightening rules to protect investors, and requiring better reporting of these trades. If you’re involved in investment companies, watch out for these changes and get your comments in by December 14, 2026!
Analyzed Economic Effects
5 provisions identified: 4 benefits, 1 costs, 0 mixed.
More bonds and fixed-income can be cross‑traded
The SEC proposes to expand which securities can be cross‑traded to include those a fund values using observable inputs (in addition to securities with readily available market quotations). This change would permit cross trading of most fixed‑income securities that funds value using observable inputs.
New two‑method pricing for cross trades
The SEC would let funds price cross trades in one of two ways: (1) use the security's value in the fund's next NAV (net asset value) computation, or (2) use a price the fund’s adviser reasonably determines represents the current market price using one or more unaffiliated pricing sources. If the adviser uses the second method, the adviser must periodically review the reasonableness of those prices.
New adviser, CCO, and recordkeeping duties
Before effecting a cross trade, the fund's investment adviser would have to determine the trade is in the fund's best interest. The fund’s chief compliance officer (CCO) must do quarterly reviews of cross trades and do at least annual back‑testing (including analyzing ultimate sale prices of securities bought in cross trades) and report results to the fund board. Funds must preserve records of each cross trade and the materials used for these determinations.
Monthly aggregate cross‑trade reporting in N‑PORT and N‑MFP
Funds that engage in cross trading would be required to report aggregate information by asset class on Form N‑PORT and Form N‑MFP about the value of securities a fund traded during the preceding month and corresponding cross‑trading activity. The goal is to provide structured, aggregated transparency about cross trades and overall trading activity.
Allow small clearing/settlement/custody payments
The proposal would expressly permit de minimis payments to unaffiliated parties for services such as clearing, settlement, and custody in connection with cross trades. The proposal also clarifies that cross trades must be consistent with a fund's policies and investment strategies.
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Key Dates
Department and Agencies
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