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Regulation · Financial ADVSR

Advisers divided as SEC weighs ending pay-to-play rule

As the comment period on the SEC's proposal to rescind the investment adviser pay-to-play rule nears its close, advisers remain divided between easing compliance burdens and preserving safeguards against political influence.

Regulation

WealthManagement.com reported that advisers remain split over a Securities and Exchange Commission proposal to rescind the pay-to-play rule for investment advisers, as the public comment period nears its close. According to the outlet's summary, commenters are weighing relief from compliance burdens against the value of safeguards that limit political influence on adviser business with government clients. The WealthManagement.com piece is a roundup of advisor reactions, and this account draws on its summary together with SEC records and other coverage of the proposal.

The SEC proposed rescinding Rule 206(4)-5 on September 3, 2026, according to a legal alert from Sewkis. The proposal was published in the Federal Register on September 10, 2026, as noted in a Wiley alert. Comments are due November 9, 2026, the day the public comment period closes, according to WealthManagement.com. The current rule remains in force until any rescission is adopted, and The rule would still apply through the 2026 midterm elections, so rescission would not take effect before then, according to a Legal 500 analysis.

The rule was adopted in 2010. According to a Mondaq analysis, a covered political contribution can leave an adviser unable to be paid for work for a government client for two years. Sidley's White Collar Watch reported that the SEC's rationale includes the example of small inadvertent contributions, sometimes called foot faults, that can trigger the two-year ban. The restriction also reaches government entities' investments in pooled private funds, not only direct mandates.

SEC Chairman Paul Atkins, as summarized by WealthManagement.com, has characterized the rule as effectively curbing political speech, and has stated that the agency does not serve as the nation's elections regulator. In her published statement, Commissioner Hester Peirce contends that antifraud provisions would still apply, meaning rescission would not reopen adviser pay-to-play, according to the SEC's published statement.

WealthManagement.com reported that the American Securities Association, through its chief executive Christopher Iacovella, has argued that current antifraud rules and fiduciary obligations already cover pay-to-play concerns. A comment letter from Paradigm was signed by its Chief Operating and Legal Officer, Katie Biber, according to WealthManagement.com. FINTRX describes Paradigm as an institutional RIA. Nia Impact Capital, an impact asset manager, is on the other side of the debate: its founder, Kristin Hull, argued in a comment letter that rescission would remove a federal backstop, according to WealthManagement.com.

The SEC cites survey data showing that about 12% of adviser respondents maintain some form of blanket ban on employee political contributions, according to the Mondaq analysis. Akin Gump's note puts that figure at 12.41%, drawn from a 2024 survey by the IAA, ACA and Yuter, and it cautions that compliance risks remain even if the rule is rescinded. The SEC has also asked whether the same change should apply to parallel FINRA, MSRB and Exchange Act rules, Sidley reported.

Any final rule would follow a review of the comments. Mondaq reported that a final rule could come as early as the first half of 2027. Until then, advisers' existing pay-to-play policies remain necessary, and law firm commentary, including a Mondaq piece, has cautioned firms against deleting them yet.

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