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:
3235-0078
ICR Reference No:
202311-3235-032
Status:
Historical Inactive
Previous ICR Reference No:
202306-3235-015
Agency/Subagency:
SEC
Agency Tracking No:
TM-270-173
Title:
Rule 15c3-3; Customer Protection - Reserves and Custody of Securities (17 CFR 240.15c3-3)
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:
01/09/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
12/06/2023
Terms of Clearance:
OIRA will review the package again upon finalization of the rule.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
10/31/2026
36 Months From Approved
10/31/2026
Responses
16,596,965
0
16,596,965
Time Burden (Hours)
1,129,005
0
1,129,005
Cost Burden (Dollars)
3,530,101
0
3,530,101
Abstract:
Rule 15c3-3 provides for the protection of customer funds and securities in the custody of a broker-dealer. The Rule sets forth standards for (i) a broker-dealer's acceptance, custody, and use of customer securities, and (ii) the maintenance of reserves with respect to customer deposits and monies obtained from the use of customer securities. Rule 15c3-3 also contains requirements for broker-dealers that hold security futures products for customers. The Commission is proposing to revise the collection of information in connection with a recent proposed rulemaking to amend the reserve computation requirements for certain broker-dealers pursuant to its authority under Section 15(c)(3)(A) of the Exchange Act.
Authorizing Statute(s):
US Code:
15 USC 78b, 78c, 78o, 78o-4, 78q, 78w
Name of Law: Sections 2, 3, 15, 15B, 17 and 23 of the Securities Exchange Act of 1934.
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3235-AN28
Proposed rulemaking
88 FR 45836
07/18/2023
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
30
IC Title
Form No.
Form Name
Rule 15c3-3(p)(4)(ii) - Subordination Agreements (One-Time)
Reference Removal - Note G (annual)
Reference Removal - Note G (initial)
Rule 15c3-3 - amend/update PAB agreement
Rule 15c3-3(a)(16)
Rule 15c3-3(b)(5) - draft/update notice
Rule 15c3-3(b)(5) - notices to affected customers
Rule 15c3-3(e) - daily
Rule 15c3-3(e) - monthly
Rule 15c3-3(e) - updates
Rule 15c3-3(e) - weekly computations
Rule 15c3-3(e)(3) - daily computations
Rule 15c3-3(e)(3) - monthly
Rule 15c3-3(e)(3) - weekly
Rule 15c3-3(e)(B)(1) notification
Rule 15c3-3(f) - notice
Rule 15c3-3(f) - obtain new letter
Rule 15c3-3(j)(1) - annual
Rule 15c3-3(j)(2) - annual
Rule 15c3-3(j)(2) - initial
Rule 15c3-3(o)(3)
Rule 15c3-3(p)(1) Special Accounts (One-Time)
Rule 15c3-3(p)(1) Special Accounts (Ongoing)
Rule 15c3-3(p)(3)(iii) - Customer Reserve Computation
Rule 15c3-3(p)(4)(i) - Counterparty Notice (One-Time)
Rule 15c3-3(p)(4)(i) - Counterparty Notice (One-Time)
Rule 15c3-3(p)(4)(i) - Counterparty Notice (Ongoing)
Rule 15c3-3(p)(4)(ii) - Subordination Agreements
Rule 15c3-3(p)(4)(ii) - Subordination Agreements
Rule 15c3-3(p)(4)(ii) - Subordination Agreements
Rules 15c3-3(o)(2)
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:
Yes
Burden Reduction Due to:
Changing Regulations
Short Statement:
The Commission has proposed rule amendments that would change the burdens for certain information collections in this ICR. The proposed changes are discussed in more detail in the attached Supporting Statement.
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:
Abraham Jacob 202 551-5583
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:
12/06/2023
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