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:
3235-0065
ICR Reference No:
202101-3235-026
Status:
Historical Active
Previous ICR Reference No:
201911-3235-022
Agency/Subagency:
SEC
Agency Tracking No:
CF-270-058
Title:
Form S-1 Registration Statement
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Emergency
Approval Requested By:
03/31/2021
OIRA Conclusion Action:
Approved without change
Conclusion Date:
04/20/2021
Retrieve Notice of Action (NOA)
Date Received in OIRA:
02/03/2021
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
10/31/2021
6 Months From Approved
10/31/2022
Responses
894
0
901
Time Burden (Hours)
146,067
0
147,208
Cost Burden (Dollars)
178,922,043
0
180,319,975
Abstract:
Form S-1 under the Securities Act is used by issuers who are not eligible to use other forms to register offering of their securities.
Emergency Justfication:
The Commission did not originally propose amendments to Form S-1 and Form S-3. After considering public comments submitted in response to a request for comment in the proposing release, the Commission included amendments to these forms in the adopting release. In doing so, the Commission determined that re-proposing amendments to these forms was unnecessary before adopting these amendments, in view of the scope of the request for comment in the proposing release and the nature and scope of the amendments to these forms. See Attachments.
Authorizing Statute(s):
US Code:
15 USC 77f, 77g, 77h, 77j, 77s, 77z-3
Name of Law: Securities Act of 1933
US Code:
15 USC 78c, 78d, 78j, 78l, 78m, 78n
Name of Law: Securities Exchange Act of 1934
US Code:
15 USC 80a-6, 80a-8, 80a-20, 80a-23
Name of Law: Investment Company Act of 1940
US Code:
15 USC 80a-24, 80a-30, 80a-38
Name of Law: Investment Company Act of 1940
US Code:
15 USC 78q, 78w, 78ll, 78mm
Name of Law: Securities Exchange Act of 1934
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3235-AM31
Final or interim final rulemaking
85 FR 33290
06/06/2020
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 S-1 Registration Statement
SEC 870
Form S-1
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
894
901
0
-7
0
0
Annual Time Burden (Hours)
146,067
147,208
0
-1,141
0
0
Annual Cost Burden (Dollars)
178,922,043
180,319,975
0
-1,397,932
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:
Yes
Burden Reduction Due to:
Changing Regulations
Short Statement:
The amendments in Release No. 33-10771 (IC-33836) will, among other things, permit issuers of “exchange-traded vehicle securities” to elect to register offerings of an indeterminate number of such securities and pay registration fees for these offerings on an annual net basis. We anticipate that the amendments will increase the paperwork burden for registration statements on Form S-1 for these offerings due to the requirement to calculate and pay registration fees on an annual net basis. We also anticipate that these amendments will result in a decrease in the number of registration statements on Form S-1 filed by these issuers, such that, overall, the amendments will reduce the paperwork burdens associated with this form. For purposes of the PRA, we estimate that, for Form S-1, the amendments will result in a net decrease of 1,141 burden hours and a net decrease in the cost burden of $1,397,932 for the services of outside professionals.
Annual Cost to Federal Government:
$103,479,690
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
Yes
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
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?
No
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:
02/03/2021
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