PRIVATE MARKETS • Rule pending
The Accredited-Investor Wall Is Coming Down
For fifty years, the best-performing corner of American finance was walled off by a net-worth test. That wall is being dismantled in public, on a published timetable.
The starting gun was an executive order, “Democratizing Access to Alternative Assets for 401(k) Investors,” published in the Federal Register on August 12, 2025. It directed regulators to make it easier for private equity, real estate, crypto and other alternatives to sit inside ordinary retirement accounts.
Machinery followed. On March 30, 2026, the Labor Department’s benefits arm issued a proposed rule creating process-based safe harbours for plan fiduciaries who include alternative assets, requiring them to weigh performance, fees, liquidity, valuation, benchmarks and complexity. The comment period closed on June 1. A final rule could land by the end of this year, with implementation more likely in 2027. That matters because 401(k) plans sit under ERISA, where a fiduciary who picks badly gets sued — the safe harbour is the thing that makes plan sponsors willing to move at all.
The securities side has moved faster. The SEC has already removed criteria that limited many private investments to accredited investors, and last month it listed enhancing retail exposure to private markets among the forty proposals on its 2026 regulatory agenda. Its chairman has said the agency is exploring ways to let individuals participate, while cautioning that appropriate guardrails are needed.
Not everyone at the agency agrees. A departing commissioner called opening private markets to retirement assets a harmful policy choice, arguing it exposes ordinary savers to instruments built for institutions, and singled out the vocabulary — freedom, diversification, democratisation — as doing a lot of work. The substantive objection is liquidity: many private strategies need seven to ten years to deliver, which is an awkward fit for anyone who might need the money sooner.
The distinction worth holding: access and suitability are different questions, and only the first one is being settled right now. A door that was shut for half a century is opening, on a schedule you can read. What walks through it is still an individual decision — and the terms on offer are worth reading closely, because they are no longer being filtered by anyone else’s net-worth test.
Source: Federal Register / DOL EBSA / SEC