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ARTICLE · 07 AUGUST 2026

Going Digital By Default: SEC Proposes A New Era For E-Delivery

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The SEC has proposed Regulation E-Delivery, which would fundamentally transform how issuers, broker-dealers, investment companies, and investment advisers deliver required information to investors by making electronic delivery the default method. This shift from the current opt-in framework to an opt-out model would supersede decades of existing guidance while introducing new compliance requirements for covered entities.

United StatesCorporate/Commercial Law
Meredith Cross
Meredith Cross
Susan Schroeder
Susan Schroeder
Andre Owens
Andre Owens
Natasha Vij Greiner
Natasha Vij Greiner
Lillian Brown
Lillian Brown
Bruce Newman
Bruce Newman
Stephanie Nicolas
Stephanie Nicolas
Daniel J. Martin
Daniel J. Martin
Joshua Nathanson
Joshua Nathanson
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WHAT YOU NEED TO KNOW:

  • On July 16, 2026, the SEC proposed Regulation E-Delivery, which would permit covered entities to deliver information required under the federal securities laws to investors electronically by default, absent an opt-out. Comments are due on September 21, 2026.
  • Regulation E-Delivery would largely supersede the SEC's existing guidance on electronic delivery, replacing prior affirmative consent with three conditions: a covered recipient providing an electronic address, a prominent disclosure of electronic delivery, and no opt-out by a covered recipient. As proposed, Regulation E-Delivery contemplates two delivery methods, direct delivery and a statement of availability, which the SEC states are not intended to be exclusive.

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