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Securities and Exchange Commission (SEC) Changes Investigation Rules

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Securities and Exchange Commission (SEC) Changes Investigation Rules

The U.S. Securities and Exchange Commission (SEC) has changed how it starts investigations. Now, lawyers must ask top leaders before they begin formal probes. This change could slow down investigations. It happened after President Donald Trump took office, but the SEC has not publicly announced it.

Before this, lower-level staff could start investigations without asking commissioners. Now, they must get approval from the SEC’s three members: two Republicans and one Democrat. The agency has not confirmed if it officially removed the old rule, and the White House has not responded to questions about the change.

New SEC Approval Requirement

SEC enforcement staff now need permission before starting formal investigations. This means they cannot issue subpoenas or demand documents without approval. Before, senior staff had the power to launch probes, but now only the commissioners can approve them.

Securities and Exchange Commission (SEC) Changes Investigation Rules

Some people support this rule because it protects individuals under investigation. They believe the SEC should be careful before forcing people or companies to provide documents. Others think it slows down work and takes power away from staff. The SEC still allows informal investigations, meaning it can request information without subpoenas. However, this change makes it harder for staff to move quickly on cases.

Leadership Changes and Future Plans

Since Trump became president, Republican Mark Uyeda has been leading the SEC, with Republican Hester Peirce and Democrat Caroline Crenshaw as members. The previous chair, Gary Gensler, and Democrat Jaime Lizárraga left last month. Uyeda is acting chair until Paul Atkins, Trump’s choice, takes over.

Atkins is expected to change how the SEC enforces rules. Under Biden, lower-level staff had more authority to start probes. Now, the SEC may limit investigations, following a different approach from the last administration. Some believe this will protect businesses from aggressive enforcement, while others worry it will weaken oversight.

This shift shows how different administrations handle financial regulations. The SEC’s approach may continue to change depending on future leadership.

 

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