SEC Proposes Regulation E-Delivery: Key Considerations For Issuers

On July 16, 2026, the Securities and Exchange Commission proposed Regulation E-Delivery, which would permit issuers to use electronic delivery as the default method for satisfying information delivery requirements under the federal securities laws. If adopted, Reg E-Delivery would generally supersede the Commission's decades-old, guidance-based e-delivery framework, which effectively defaults investors to paper delivery unless they affirmatively opt in to electronic delivery, and replace it with a rules-based regime permitting covered entities to deliver "covered information" to "covered recipients" electronically without first obtaining affirmative consent, subject to specified conditions. The Commission is also proposing to amend Regulations 14A, 14C, and Rule 14d-5 under the Exchange Act to integrate the new e-delivery framework into the proxy and tender offer delivery rules. The public comment period is 60 days following publication in the Federal Register.