The U.S. Securities and Exchange Commission has changed its quorum rules, creating a structure that makes it easier to push through cryptocurrency-related regulations.

Cointelegraph, a blockchain media outlet, reported on Oct. 13 that the SEC issued a final rule on Sept. 30 revising its quorum requirements. The rule took effect on Oct. 2.

The core of the change is to allow decision-making to continue even as the number of commissioners falls sharply. The SEC described it as a measure to increase flexibility and finality in the agency’s rulemaking. Under the rule, in many cases, when only 2 commissioners remain as they do now, a quorum can be met with a single commissioner.

The SEC currently has only Chair Paul Atkins and Commissioner Mark Uyeda, who served as acting chair. Hester Peirce stepped down earlier this month, leaving 3 of the 5 commissioner seats vacant.

The staffing gap is larger at the Commodity Futures Trading Commission. Only Chair Michael Selig, confirmed by the Senate, has remained in place since December 2025. Both agencies have 5 authorized seats, but the SEC is effectively operating with 2 members and the CFTC with 1.

This leadership vacuum overlaps with Congress’ failure to move forward with the Clarity Act. As legislative work has stalled, the SEC and CFTC have expanded moves to supplement supervision and enforcement frameworks for crypto companies and products through rule revisions. This has prompted criticism that the two agencies are seeking to build a regulatory framework in a way that effectively substitutes for legislation.

In August, the SEC proposed a rule to provide companies a safe harbor so that tokens are not classified as an "investment contract." The CFTC also joined the same trend this month by releasing a proposal related to exchanges. Selig said he would use authority under existing laws to respond to crypto regulation, and Atkins also said on Oct. 2 that additional crypto-related rules would follow.

The quorum-rule revision is cited as a factor that could add speed to this rule overhaul. Financial Times Alphaville editor Robin Wigglesworth pointed out that when only 2 commissioners remain, if one is recused or does not participate in a specific matter, a single commissioner can now pass formal rules that apply across the vast U.S. securities market.

Uyeda countered that the SEC’s mission does not change even if only 2 commissioners remain. He said the revision clarifies that the commission can form a quorum even when all but one commissioner lose eligibility in a particular matter.

The problem is there is no sign the vacancies will be resolved quickly. As of Oct. 13, the White House had not put forward additional nominations to fill the empty seats at the SEC and CFTC. This has raised the possibility that the rulemaking process at both agencies could, for months or longer, be effectively decided by a single person at each agency.

Congress still has time to put the Clarity Act to a vote. Some experts, however, believe the bill is unlikely to make progress during the lame-duck session that runs until the new session begins in January, after the 2026 midterm elections. In that situation, the short-term direction of U.S. crypto regulation is increasingly likely to be driven by rules produced by the SEC and CFTC’s limited leadership rather than legislation.