View Information Collection Request (ICR) Package
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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:
3235-0076
ICR Reference No:
201308-3235-002
Status:
Historical Active
Previous ICR Reference No:
201307-3235-020
Agency/Subagency:
SEC
Agency Tracking No:
CF-270-72
Title:
Form D-Notice of sales filed by issuers of securities under Regulation D.
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:
09/23/2013
Retrieve Notice of Action (NOA)
Date Received in OIRA:
08/09/2013
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
09/30/2016
36 Months From Approved
08/31/2015
Responses
21,824
0
18,187
Time Burden (Hours)
21,824
0
18,187
Cost Burden (Dollars)
26,188,800
0
21,824,400
Abstract:
Form D is a notice of sales filed by issuers making an offering of securities in reliance on an exemption under Regulation D or Section 4(a)(5) of the Securities Act of 1933.
Authorizing Statute(s):
US Code:
15 USC 77d(a)(1), 77d(a)(2), 77g,
Name of Law: Securities Act of 1933
US Code:
15 USC 77q(a), 77s, 77z-3
Name of Law: Securities Act of 1933
US Code:
15 USC 78b, 78c, 78i(a), 78j, 78k-1,
Name of Law: Securities Exchange Act of 1934
US Code:
15 USC 78l, 78m, 78n, 78o(c), 78o(g),
Name of Law: Securities Exchange Act of 1934
US Code:
15 USC 78q-1(a), 78w(a), 78dd
Name of Law: Securities Exchange Act of 1934
US Code:
15 USC 80a-23, 80a-29, 80a-37
Name of Law: Investment Company Act of 1940
Citations for New Statutory Requirements:
PL: Pub.L. 112 - 106 201 Name of Law: Jumpstart Our Business Startups Act
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3235-AL34
Final or interim final rulemaking
78 FR 44771
07/24/2013
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Form D is a notice of sales filed by issuers of securities under Regulation D.
SEC 1972
Form D - Notice of Exempt Offering of Securities
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
21,824
18,187
3,637
0
0
0
Annual Time Burden (Hours)
21,824
18,187
3,637
0
0
0
Annual Cost Burden (Dollars)
26,188,800
21,824,400
4,364,400
0
0
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
In Release No. 33-9415, the Commission adopted new Rule 506(c) of Regulation D to implement Section 201(a)(1) of the Jumpstart Our Business Startups Act. In the release, the Commission also adopted an amendment to Form D to add a separate check box for issuers to indicate whether they are claiming an exemption under Rule 506(c). While we estimate that, under the amendment to Form D, the burden for responding to the collection of information in Form D will be substantially the same as before the amendment to Form D, we believe that the adoption of Rule 506(c), which removes the prohibition on the use of general solicitation or general advertising for a subset of Rule 506 offerings provided that certain conditions are met, will increase the number of Form D filings that are made with the Commission. Accordingly, we estimate that the rule and form amendments will result in approximately 3,637 new burden hours of in-house personnel time and an increase of $4,364,400 in costs for the services of outside professionals.
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]?
No
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:
Charles Kwon 202 551-3231
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:
08/09/2013
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