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:
3235-0565
ICR Reference No:
202212-3235-013
Status:
Historical Active
Previous ICR Reference No:
202004-3235-019
Agency/Subagency:
SEC
Agency Tracking No:
IM-270-508
Title:
Rule 482 under the Securities Act of 1933 Advertising by an Investment Company as Satisfying Requirements of Section 10
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:
03/31/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
12/18/2022
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
08/31/2023
36 Months From Approved
08/31/2023
Responses
41,953
0
41,265
Time Burden (Hours)
577,847
0
212,927
Cost Burden (Dollars)
0
0
0
Abstract:
Rule 482 applies to an advertisement or other sales material (advertisement) with respect to securities of an investment company registered under the Investment Company Act of 1940 or a business development company, that is selling or proposing to sell its securities pursuant to a registration statement that has been filed under the Securities Act of 1933 (the "Act"). Rule 482 does not apply to an advertisement that is excepted from the definition of prospectus by section 2(a)(10) of the Act or to a summary prospectus under rules 498 and 498A pursuant to the Act. An advertisement that complies with rule 482, which may include information the substance of which is not included in the prospectus specified in section 10(a) of the Act, will be deemed to be a prospectus under section 10(b) of the Act for the purposes of section 5(b)(1) of the Act.
Authorizing Statute(s):
US Code:
15 USC 77j
Name of Law: Securities Act of 1933
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3235-AM52
Final or interim final rulemaking
87 FR 72758
11/25/2022
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 482 under the Securities Act of 1933 Advertising by an Investment Company as Satisfying Requirements of Section 10
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
41,953
41,265
0
688
0
0
Annual Time Burden (Hours)
577,847
212,927
0
364,920
0
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
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:
The estimated annual hourly burden associated with rule 482 has increased from 212,927 hours to 577,847 hours (an increase of 364,920 hours). This reflects an increase of hours due to an increase in the estimated number of hours needed to comply with amended rule 482. There is no annual external cost burden attributed to rule 482.
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:
Pamela Ellis 202 551-3506
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:
12/18/2022
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