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Regulation E-Delivery: SEC Proposes to Make Electronic Communication the Default
July 21, 2026
H. Gregory Baker and David Erroll
On July 16, 2026, the Securities and Exchange Commission announced a proposed rule to broaden many financial market participants’ use of electronic communications with investors and others who receive information pursuant to federal securities laws.[1]
Referred to as “Reg E-Delivery,” the new rule aims to help issuers and others who disseminate SEC-required information transition away from delivering paper documents, a communication method the Agency pointed out imposes “unnecessary costs and expenses” while “no longer reflect[ing] the preference of most investors.”[2]
Commenting on the proposed rule, Chair Atkins stated:
The world has changed dramatically since many of our rules were first adopted. But, all too often, our regulatory framework has remained static. … In an age of artificial intelligence and blockchain technology, a default to paper delivery should be a relic, not a standard.[3]
Notably, Reg E-Delivery would exempt covered information from the requirements of the federal E-SIGN Act,[5] which since 2000 has required that consumers provide affirmative consent to execute documents electronically[4] and ensures that individuals can opt for paper documents.[6] The SEC proposes this change in accordance with a portion of the E-SIGN Act that allows for other federal agencies to exempt certain categories of records if it is needed to “eliminate a substantial burden on electronic commerce and will not increase the material risk of harm to consumers.”[7]
Chair Atkins closed his statement noting, “Under my chairmanship, we will not remain tethered to the tools or the temperament of a bygone era,” calling the proposal “a meaningful advancement toward aligning our rules with the needs of today’s markets.”[8]
[1] Electronic Delivery of Information Under the Federal Securities Laws (“Reg E-Delivery”), Securities and Exchange Commission proposed rule, available at https://www.sec.gov/files/rules/proposed/2026/33-11430.pdf.
[2] Reg E-Delivery Fact Sheet, SEC, available at https://www.sec.gov/files/33-11430-fact-sheet.pdf.
[3] P. Atkins, Statement on Regulation E-Delivery, July 16, 2026, available at https://www.sec.gov/newsroom/speeches-statements/atkins-statement-regulation-e-delivery-07-16-26.
[4] Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), Public Law 106-229 (114 Stat. 464) (2000).
[5] Id. at § 101(b).
[6] Id. at § 101(c)(1)(C).
[7] Reg E-Delivery at 140 (citing E-SIGN Act § 104(d)(1)).
[8] Atkins Statement, supra.
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