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SEC Updates Small Entity Definitions

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The SEC adopted amendments on November 4, 2026, to update the definitions of small entities for investment companies and advisers, the Commission said.

The amendments increase asset-based thresholds for determining which investment companies, advisers, and business development companies qualify as small entities under the Regulatory Flexibility Act.

They update how assets of related funds are aggregated when determining small entity status.

The amendments eliminate the investment adviser total assets threshold and provide for inflation adjustments to asset-based thresholds every 10 years by order.

The Commission said the changes recognize substantial growth in the asset management industry since the previous thresholds were set nearly 30 years ago.

Chairman Paul S. Atkins said the updates help eliminate unnecessary regulatory burdens and modernize the Commission’s rulebook.

The amendments are intended to ensure regulatory flexibility analyses reflect current market conditions and minimize economic impact on small entities.

The adopting release is available on the SEC website and will be published in the Federal Register.

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