U.S. FEDRegulation
SEC rewrites quorum rule so one commissioner can act when all others are disqualified
The Securities and Exchange Commission amended its quorum rule, 17 CFR 200.41, so that a single commissioner constitutes a quorum for a matter when every other commissioner in office is disqualified from it. Three commissioners otherwise remain a quorum. The SEC adopted the change without notice and comment as an agency-management rule, and it took effect Oct. 2, 2026 (91 FR 62654).
Text (Federal Register) → · CoinDesk
Key points
- The amendment rewrites 17 CFR 200.41; in 1995 the Commission expressly declined to let one commissioner constitute a quorum.Federal Register
- If fewer than three commissioners are in office, that smaller number still constitutes a quorum.Federal Register
- The SEC skipped notice and comment, calling the change a rule of agency management that does not substantially affect non-agency parties.Federal Register
- The Exchange Act, unlike many agency statutes, sets no quorum requirement for the Commission.Federal Register
- CoinDesk reported that Commissioner Hester Peirce leaves the SEC on Friday, Oct. 2, leaving two commissioners in office.CoinDesk
Sources2 articles across 2 outlets
Filed under
RegulationU.S.SEC Commission Quorum Requirement AmendmentFinancial servicesFor practitionersFor governance