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:
3235-0498
ICR Reference No:
202501-3235-024
Status:
Active
Previous ICR Reference No:
202407-3235-003
Agency/Subagency:
SEC
Agency Tracking No:
TM
Title:
Rule 17a-12, Reporting Requirements for OTC Derivatives Dealers
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:
07/29/2025
Retrieve Notice of Action (NOA)
Date Received in OIRA:
06/12/2025
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
11/30/2027
11/30/2027
11/30/2027
Responses
33
0
6
Time Burden (Hours)
587
0
540
Cost Burden (Dollars)
143,500
0
138,900
Abstract:
Rule 17a-12 (17 CFR 240.17a-12) sets forth requirements for OTC derivatives dealers registered with the Commission to report financial and operational information to the Commission. Form X-17A-5IIB is the form used by OTC derivatives dealers to report this information, and the Commission uses the information to monitor compliance with its financial responsibility rules. 2025 PARTIAL REVISION: The Commission recently amended the rule and form to add an electronic filing requirement.
Authorizing Statute(s):
US Code:
15 USC 78a
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-AL85
Final or interim final rulemaking
90 FR 7250
01/21/2025
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
8
IC Title
Form No.
Form Name
2024 Amendment - Amendments to FOCUS Report signature requirement – Initial burden
X-17A-5 Part III
X-17A-5 Part III
2024 Amendment - Corrective and clarifying amendments to FOCUS Report Part II – Initial burden
X-17A-5 Part II
X-17A-5 Part II
2024 Amendment - Filing FOCUS Report on SEC eFOCUS – Initial burden
X-17A-5 Part II
X-17A-5 Part II
2024 Amendment - Filing annual audit in Inline XBRL – Initial burden
X-17A-5 Part III
X-17A-5 Part III
2024 Amendment - Filing annual audit in Inline XBRL – Ongoing burden
X-17A-5 Part III
X-17A-5 Part III
2024 Amendment - Removal of oath or affirmation notarization requirement – Initial burden
X-17A-5 Part III
X-17A-5 Part III
Rule 17a-12 Professional Accountant Review Requirements
Rule 17a-12 – Annual Audited Report and Supporting Schedules
X-17A-5 Part III
X-17A-5 Part III
Rule 17a-12/Form X-17A-5 Part II
X-17A-5 Part II
X-17A-5 Part II
Rule 17a-12; Reporting Requirements for OTC Derivatives Dealers.
SEC 2430
Form X-17A-5
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
33
6
0
27
0
0
Annual Time Burden (Hours)
587
540
0
47
0
0
Annual Cost Burden (Dollars)
143,500
138,900
0
4,600
0
0
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 recently adopted amendments to Rule 17a-12 that would result in small increases to the hour and cost burdens. These 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:
Valentina Deng 202 551-5778
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:
06/12/2025
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