United States: Paper Cut: The SEC “FINALLY” Rethinks E-Delivery
By: Thoreau A. Bartmann and Jennifer L. Klass
On 16 July 2026, the SEC proposed Regulation E-Delivery, a new rule that would make e-delivery the default for how investors receive regulatory information under the federal securities laws. Today, most required information arrives on paper unless the recipient affirmatively consents to electronic delivery. Reg E-Delivery would supersede decades of interpretive guidance built around notice, access, and evidence of delivery, reaching nearly all registrants with a delivery obligation—including advisers, registered funds, broker-dealers, and issuers—and covering nearly all required communications.
Importantly, the rule is optional. It functions as a safe harbor: firms satisfying its conditions are deemed to have fulfilled their delivery obligations, but the rule is not the exclusive means of offering e-delivery.
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