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:
3235-0049
ICR Reference No:
202405-3235-004
Status:
Active
Previous ICR Reference No:
202108-3235-017
Agency/Subagency:
SEC
Agency Tracking No:
IM-270-039
Title:
Form ADV
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:
07/02/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
05/22/2024
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
07/31/2027
36 Months From Approved
10/31/2024
Responses
23,049
0
18,179
Time Burden (Hours)
247,109
0
433,004
Cost Burden (Dollars)
21,144,552
0
14,125,083
Abstract:
On March 27, 2024, the Commission adopted amendments to rule 203A-2(e) for investment advisers relying on the exemption in rule 203A-2(e). In connection with the amendments to rule 203A-2(e) ("internet investment advisers"), the Commission amended Form ADV to conform certain instructions and definitions to the amended rule. The amendments to Form ADV require an adviser relying on the rule as a basis for registration to represent on Schedule D of its Form ADV that it has an operational interactive website. These amendments require internet investment advisers, as an initial matter and periodically thereafter, to provide an additional affirmative representation on Form ADV that more clearly notes the requirements of the exemption, thus reinforcing the conditions of the exemption for the internet investment adviser. The Commission uses the information on Form ADV to determine eligibility for registration and to manage regulatory and examination programs. Clients use the information required in Form ADV to determine whether to hire or retain an investment adviser.
Authorizing Statute(s):
US Code:
15 USC 80b-1
Name of Law: Investment Advisers Act of 1940
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3235-AN31
Final or interim final rulemaking
89 FR 24693
04/09/2024
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
Form ADV
SEC 1707, SEC 1707, SEC 1707, SEC 1707, SEC 1707
Form ADV instructions
,
Form ADV Part1a
,
Form ADV Part 1B
,
Form ADV
,
Form ADV Execution
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
23,049
18,179
0
4,870
0
0
Annual Time Burden (Hours)
247,109
433,004
0
-185,895
0
0
Annual Cost Burden (Dollars)
21,144,552
14,125,083
0
7,019,469
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:
Miscellaneous Actions
Short Statement:
The estimated annual burden hours associated with Form ADV has decreased from 433,004 hours to 247,108.93 hours (a decrease of 185,895.07). In addition, the external cost burden associated with Form ADV has increased from $14,125,083 to $21,144,551.78 (an increase of $7,019,468.78). The changes in annual burden hours and external cost burden are due to updated data, a change in our approach to calculating the initial and ongoing burdens of completing Form ADV, and our amendments to Form ADV to require an adviser providing advisory services through the internet and relying on rule 203A-2(e) for Commission registration under the Investment Advisers Act of 1940 to represent on Part 1A, Schedule D of its Form ADV that it has an operational interactive website.
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.
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.
Yes
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:
Herman Brown 202 551-6110
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:
05/22/2024
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