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AUTHORSHIP

8 September 2026

Private-fund lobbying against Form PF reporting shifts financial risk onto the public

SEC and CFTC delay of Form PF reporting rules amounts to 'repeal by delay', limiting regulators' ability to respond to financial instability

CFTC building

Attribution: Nicholas Cappello (Unsplash)

ISSUE AREAS

CONSUMER PROTECTION


I. Introduction


Throughout the second Trump administration, both the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) have undermined financial regulation in line with industry priorities. On August 31, the agencies delayed implementation of strengthened private-fund reporting requirements for the fourth time. The decision postponed the compliance deadline for Form PF, a confidential form that helps regulators assess financial risks stemming from private funds. Through Form PF, covered private-fund managers submit information that helps regulators and the Financial Stability Oversight Council (FSOC) identify risks involving leverage, liquidity problems, and counterparty exposure.


The delayed rules, adopted under the leadership of SEC Chair Gary Gensler during the Biden administration, were crafted to protect investors and improve private-fund accountability. As Gensler noted in 2022, the industry’s gross asset value had grown by nearly 150 percent over the preceding decade, making updated reporting requirements long overdue. The reforms quickly faced opposition from leading industry groups representing private funds, and the agencies’ decision to delay compliance again gives fund managers more time under weaker reporting rules. The decision follows a broader trend of both agencies deferring to industry priorities at the expense of real accountability. Alongside harming everyday investors, this trend stands to undermine financial stability and contribute to future financial crises.



II. Regulatory Retreat Amid Industry Pressure


REPEATED IMPLEMENTATION DELAYS


The Managed Funds Association (MFA), the leading trade group for the private-fund industry, has strongly opposed reporting rules designed to increase hedge-fund accountability. The group’s membership includes industry giants such as Citadel, Blackstone, Apollo, and Bridgewater. In May 2025, MFA requested a one-year extension of the reporting deadline and argued that the amended form exceeded the agencies’ authority; MFA later submitted its own proposed revisions to the rules. MFA’s activity on this front is notable because the industry group takes a decidedly different approach to reporting requirements for publicly traded companies. While seeking to delay or weaken strengthened reporting requirements for its own members, MFA has opposed SEC proposals to roll back reporting requirements for publicly traded companies. In an August 2026 report, The New York Times noted that MFA believes “less frequent reporting could increase market volatility and harm transparency” for publicly traded companies. This stance reflects an organization that views transparency as indispensable when hedge funds need to price other companies’ assets accurately, but burdensome when reporting rules apply to its member funds.


In April, the SEC and CFTC proposed limiting Form PF filing requirements by raising the threshold from $150 million to $1 billion in private-fund assets. If adopted, the change would remove the requirement for almost half of current filers, reducing regulators’ visibility into those funds. The proposal would also raise the threshold for enhanced quarterly reporting by large hedge-fund advisers from $1.5 billion to $10 billion, removing almost two-thirds of the advisers presently covered. These proposed measures, alongside repeated delays in Form PF reporting rules, illustrate the Trump administration’s deference to private-fund industry priorities at the expense of real oversight. Caroline Crenshaw, a former Democratic SEC commissioner, anticipated this deregulatory approach in 2025, likening the continued delays to “repeal by extension.”


IMPACT OF REGULATORY BLINDNESS


Better Markets, a consumer advocacy organization focused on financial regulation, has pushed back on industry arguments that Form PF rules are unfairly burdensome. In a June 2026 letter, the group criticized the industry’s depiction of funds with assets of $1 billion as small financial players overburdened by paperwork. Better Markets stated that the SEC’s desire to remove “compliance burdens for these supposedly small advisers does not outweigh the Commission’s need for information about the private funds that these supposedly small advisers advise.” In a separate comment, the Private Equity Stakeholder Project (PESP) warned that eliminating quarterly private-equity event reporting under Form PF would obscure delayed exits, secondary sales, and conflicted continuation-fund transactions. PESP argued that this would come at a direct cost to institutional investors at a time when they are already waiting longer for distributions.


It is worth noting that the SEC and CFTC’s own analysis acknowledges the oversight costs of the delay. In a published document concerning the extension, the agencies stated that “the benefits associated with the new information in the 2024 Form PF Amendments that the Commissions and the FSOC would have otherwise been able to use for oversight purposes during the extension period will be forgone.” In light of this, the agencies’ decision to limit private-fund reporting despite recognizing the associated loss of oversight information should concern consumers and investors.



III. Conclusion


When creating financial regulations, agencies should not defer to the demands of industry groups at the expense of the public interest. Easing supposedly burdensome compliance requirements for highly profitable private funds shifts financial risk onto everyday Americans. On a fundamental level, the SEC and CFTC’s support for rolling back basic reporting measures undercuts their responsibilities to protect investors and monitor systemic risk. The latest Form PF delay is merely the Trump administration’s most recent step toward a de facto “repeal by extension.”


Founder, Labyrinth Insights

Aidan Smith
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