Executive Order on 401(k) Plans and Private Assets

September 08, 2025

The President recently issued a widely anticipated Executive Order concerning 401(k) plan access to alternative fund strategies. Those strategies have been inaccessible historically because of a constellation of conflicting rules and litigation risk associated with liquidity and cost concerns. The Executive Order will be certain to generate enthusiasm and idea-generation opportunities among asset managers. Dechert’s Employee Benefits lawyers have unparalleled depth in this area and not only understand how these complex rules operate but also have been at the forefront of these developments as they impact the market. In the OnPoint linked below, the authors provide important context for your own understanding as well as some initial reactions to this important development which will likely be the first of many. 

In the accompanying podcast, speakers provide broad context and the importance of the SEC angle, and explain the opportunities and important perspectives on expectations.    

Dechert & Private Credit

Dechert has advised private credit clients for over 30 years, helping them to innovate and thrive as the industry has grown into a complex and diverse US$3 trillion market. We create value on the full spectrum of strategies and sub-strategies, including asset-based, distressed debt, permanent capital, direct lending, subordinated debt, specialty financing, special situations and venture debt. With more than 80% of Private Debt Investor’s top 100 private credit firms as clients, we offer market-leading fund formation, financing, regulatory, M&A and tax expertise across the U.S., Europe, the Middle East and Asia.
LEARN MORE

Related Professionals

Related Services

NEWS & INSIGHTS

Subscribe to The Cred

Subscribe