View Information Collection Request (ICR) Package
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View Supporting Statement and Other Documents
Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
3235-0158
ICR Reference No:
201007-3235-033
Status:
Historical Active
Previous ICR Reference No:
201002-3235-008
Agency/Subagency:
SEC
Agency Tracking No:
IM-270-132
Title:
Rule 20a-1 Under the Investment Company Act of 1940, Solicitation of Proxies, Consents and Authorizations
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
09/27/2010
Retrieve Notice of Action (NOA)
Date Received in OIRA:
08/03/2010
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
09/30/2013
36 Months From Approved
03/31/2013
Responses
1,225
0
1,225
Time Burden (Hours)
158,270
0
142,958
Cost Burden (Dollars)
20,886,250
0
20,090,000
Abstract:
Rule 20a-1 requires that the solicitation of a proxy, consent or authorization with respect to a security issued by an investment company registered under the Investment Company Act of 1940 be in compliance with the Commission's proxy rules (e.g., Regulation 14A and Schedule 14A) to enable security holders to make informed voting decisions. Also, rule 20a-1 instructs registered investment companies, that have made a public offering of securities and that hold security holder votes for which proxies, consents, or authorizations are not being solicited, to refer to the Commission's rules governing information statements (e.g. Regulation 14C and Schedule 14C).
Authorizing Statute(s):
US Code:
15 USC 78c, 78m, 78n, 78o, 78w(a)
Name of Law: Securities Exchange Act of 1934
US Code:
15 USC 78mm
Name of Law: Securities Exchange Act of 1934
US Code:
15 USC 80a-10, 80a-20(a), 80a-37
Name of Law: Investment Company Act of 1940
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3235-AK25
Final or interim final rulemaking
75 FR 9074
02/26/2010
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Rule 20a-1 Under the Investment Company Act of 1940, Solicitation of Proxies, Consents and Authorizations
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
1,225
1,225
0
0
0
0
Annual Time Burden (Hours)
158,270
142,958
0
15,312
0
0
Annual Cost Burden (Dollars)
20,886,250
20,090,000
0
796,250
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The rule amendments in Release No. 33-9108 would allow an issuer or other soliciting person to include explanatory materials with the Notice. The increase in the burden associated with Rule 20a-1 for investment companies reflects burden estimates for complying with the existing notice and access rules as well as estimates for the increase necessary in order to permit a soliciting person to include materials to improve the notice and access model for furnishing proxy materials to shareholders. We estimate the revised burden estimates along with the rule amendments will result in an increase of 15,312 burden hours and an increase in the cost burden of $796,250 for services of outside professionals. These estimates are the same as those submitted with the proposed amendments, as no changes were deemed warranted. For a more detailed discussion, please refer to the supporting statement.
Annual Cost to Federal Government:
$50,000
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
Uncollected
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Alberto Zapata 202 551-6944
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
08/03/2010
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