SEC Quorum Change May Speed Crypto Rulemaking With Slim Commission
A new SEC rule effective Oct. 2 allows one commissioner to form a quorum in many cases when only two are serving. The change could make it easier for the agency to advance crypto rulemaking while the SEC and CFTC pursue digital asset rules without new legislation. The SEC currently has two commissioners after Hester Peirce left in October, and the CFTC has one Senate-confirmed chair and commissioner.
The SEC issued the change on Sept. 30, and it became operative two days later. Chair Paul Atkins and Mark Uyeda are the current members. When just two sit, a single one can often constitute a quorum, even if a colleague is barred from a matter. Hester Peirce exited earlier in October; by Oct. 13, no successors had been announced.
The CFTC, likewise built for five members, has one Senate-confirmed chair and commissioner, Michael Selig, in place since December 2025. In August, the SEC floated a token safe harbor, and Selig described possible exchange rules using current powers. The CLARITY Act is still pending, and some experts doubt action during the lame-duck stretch.
The change may let a smaller set of officials move crypto rules faster, affecting exchanges, token issuers, investors, and market intermediaries. It could reduce uncertainty if clearer rules emerge, but may also raise concerns about concentrated decision-making and limited oversight while vacancies persist. Consumers