On July 16, 2026, the SEC proposed new Regulation E-Delivery, which would permit covered entities to use electronic media as the default method for delivery of offering documents, company reports, shareholder communications, and other materials under SEC rules if they elect to do so.
Under the proposed rules, no prior affirmative consent would be required for electronic delivery, shifting the framework for electronic delivery from opt in to opt out. Reg E-Delivery would still permit investors and shareholders to request paper copies of material delivered electronically or to opt out of electronic delivery completely.
Regulation E-Delivery would also permit companies and others to satisfy information delivery requirements under the US federal securities laws by use of physical media (paper) as an alternative. Among other benefits, this shift is likely to result in significant reductions in the cost of printing and mailing paper documents for companies that currently incur high costs for physical delivery of paper documents.
Our client alert provides a complete explanation of these proposed rules.