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OMB Control No: 3235-0548	ICR Reference No: 202206-3235-014
Status: Historical Inactive	Previous ICR Reference No: 202108-3235-009
Agency/Subagency: SEC	Agency Tracking No: IM-270-491
Title: Rule 35d-1 Investment Company Names
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 10/11/2022
	Date Received in OIRA: 06/23/2022
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. Pursuant to 5 CFR 1320.11(c), OMB files this comment on this information collection request (ICR). The agency shall examine public comment in response to the NPRM and will describe in the supporting statement of its next collection any public comments received regarding the collection as well as why (or why it did not) incorporate the commenter’s recommendation. The next submission to OMB must include the draft final rule.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2025	36 Months From Approved	01/31/2025
Responses	38	0	38
Time Burden (Hours)	760	0	760
Cost Burden (Dollars)	0	0	0

Abstract: Section 35(d) of the Investment Company Act of 1940 prohibits a registered investment company from adopting as part of the name or title of such company, or of any securities of which it is the issuer, any word or words that the Commission finds are materially deceptive or misleading. Rule 35d-1 under the Investment Company Act defines certain names of funds as “materially deceptive and misleading” for purposes of Section 35(d) unless a fund with one of those names adopts an investment policy to invest at least 80% of their assets as that name suggests (“80% investment policy”). Rule 35d-1 further requires either that the 80% investment policy be fundamental or that the fund has adopted a policy to provide its shareholders with at least 60 days prior notice of any change in the 80% investment policy. The rule, however, does not require that a fund file the notice to shareholders with the Commission.

Authorizing Statute(s): US Code: 15 USC 80a-34(d) 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-AM72	Proposed rulemaking	87 FR 36594	06/17/2022

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 35d-1 under the Investment Company Act of 1940, Investment Company Names

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Changes in burden for rule 35d-1 would result from the proposed amendments to that rule. The proposed amendments are designed to increase investor protection by improving and clarifying the requirement for certain funds to adopt a policy to invest at least 80% of their assets in accordance with the investment focus that the fund’s name suggests, updating the rule’s notice requirements, and establishing recordkeeping requirements.

Annual Cost to Federal Government: $0

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. No

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: Bradley Gude 2025515590

View ICR - OIRA Conclusion