Skip to content
Friday, October 23, 2026 · Today’s edition, 6:30 a.m. ETFri, Oct 23 · 6:30 a.m. editionSign inMy Desk 0EditionsSign in

SEC lets lone commissioner act when all other sitting members are disqualified

The rule took effect Oct. 2, the day Commissioner Hester Peirce left, as the agency weighs letting RIAs charge performance fees of up to 20%.

At a glance

  1. Among the proposals on the agency's desk is one that would let RIAs collect performance fees of up to 20%.
  2. At the same Sept. 30 meeting, the SEC proposed letting advisers to registered funds and business development companies charge performance fees of up to 20% of net gains, Gibson Dunn reported.
  3. A companion proposal would loosen the rules for interval funds, which let investors redeem shares only at set intervals.

The Securities and Exchange Commission adopted a final rule on Sept. 30, 2026 amending its 31-year-old quorum requirement so one commissioner can act for the whole agency whenever every other sitting commissioner is disqualified from a matter. It took effect Oct. 2 — the day Commissioner Hester Peirce left the agency, a departure InvestmentNews flagged in May 2026. That leaves two members: Chair Paul Atkins and Commissioner Mark Uyeda.

Among the proposals on the agency's desk is one that would let RIAs collect performance fees of up to 20%. At the same Sept. 30 meeting, the SEC proposed letting advisers to registered funds and business development companies charge performance fees of up to 20% of net gains, Gibson Dunn reported. It also proposed redefining "qualified client," the status that decides who can be charged performance fees, to include any accredited investor. A companion proposal would loosen the rules for interval funds, which let investors redeem shares only at set intervals. The package also weighs letting CFPs, CFA charterholders and CPAs qualify as accredited investors, InvestmentNews reported.

Reported by The Practice desk from InvestmentNews. Published . Corrections

Related

Advisors

SEC approves FINRA rule letting broker-dealers market projected returns

The approval creates a conditional exception to Rule 2210's ban on performance projections, after NASAA said it could not support the change without stronger investor-protection guardrails.

Advisors

SEC settles Zoe Financial referral-algorithm case with a $450,000 penalty

The order says salespeople often recommended advisers beyond the algorithm's list, and that a conflict created by an affiliated service went undisclosed until December 2024.

Advisors

SEC sets Nov. 19 virtual compliance seminar for advisers and funds

Enforcement's asset management unit is among the sponsors, and panel questions can be submitted in advance through the agenda.

Advisors

Vanguard auto-enrolls $1 million–$10 million clients in Flagship

The letters went out last week; outside funds held at Vanguard now count toward the $1 million minimum.

Advisors

Merrill raises 2027 growth-award bar to $7.5 million and a net four new households

The firm leaves its core grid unchanged and replaces the $150 million Elite Award with three categories that each pay a 50% premium to the growth award.

Wealth Advisor Dailyfrom Private Wealth Daily

Practice management, recruiting, RIA M&A and the platforms advisors run on. Weekdays at 6:45 a.m. ET.

Free. Weekday mornings. Unsubscribe from any edition in one click.

From other sections