Rules 15Ba1-1 to 15Ba1-8 - Registration of Municipal Advisors and Forms MA, MA-I, MA-W, and MA-NR

Forms and Documents

Document Name	Status
Form SEC 2900 Form MA-NR: Designation of U.S. Agent for Service of Process for Non-Residents Form	Modified
Form SEC 2901 Form MA-W: Notice of Withdrawal from Registration as a Municipal Advisor Form	Modified
Form SEC 2899 Form MA-I: Information Regarding Natural Persons Who Engage in Municipal Advisory Activities Form	Modified
Form SEC 2898 Form MA: Application for Municipal Advisor Registration Form	Modified
PRA Supporting Statement 2023 08012023.docx Supporting Statement A	2023-08-01
3235-0681.pdf Supplementary Document	2023-08-01
3235-0681.pdf Supplementary Document	2023-08-01
March 22, 2023 EDGAR PIA.pdf Supplementary Document	2023-07-27

IC Document Collections

IC ID	Document Title	Status
225626	Form MA: Application for Municipal Advisor Registration - Costs	Modified
210288	Rule 15Ba1-1(m)(3): Exception to Definition of Proceeds of Municipal Securities	Modified
210287	Rule 15Ba1-1(h)(2): Exception to Definition of Municipal Escrow Investments	Modified
210286	Rule 15Ba1-1(d)(3)(vi): Exemption When a Municipal Entity or Obligated Person Is Represented by an Independent Registered Municipal Advisor	Modified
210285	Consent to Service of Process from Certain Associated Persons	Modified
196939	Rule 15Ba1-8: Books and Records to Be Made and Maintained by Municipal Advisors	Modified
196938	Form MA-NR: Designation of U.S. Agent for Service of Process for Non-Residents Form	Modified
196937	Form MA-W: Notice of Withdrawal from Registration as a Municipal Advisor Form	Modified
196935	Form MA-I: Information Regarding Natural Persons Who Engage in Municipal Advisory Activities Form	Modified
196934	Form MA: Application for Municipal Advisor Registration Form	Modified

ICR Details

OMB Control No: 3235-0681	ICR Reference No: 202307-3235-012
Status: Received in OIRA	Previous ICR Reference No: 202006-3235-004
Agency/Subagency: SEC	Agency Tracking No: TM-270-638
Title: Rules 15Ba1-1 to 15Ba1-8 - Registration of Municipal Advisors and Forms MA, MA-I, MA-W, and MA-NR
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/01/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	09/30/2023
Responses	2,740	4,219
Time Burden (Hours)	80,964	123,087
Cost Burden (Dollars)	12,432	17,600

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Abstract: Rules 15Ba1-1 through 15Ba1-8, Rule 15Bc4-1, and Forms MA, MA-I, MA-W, and MA-NR under the Securities Exchange Act of 1934. These rules and forms are designed to establish a permanent registration regime with the Commission for municipal advisors and would impose certain record-keeping requirements on those advisors.

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Authorizing Statute(s): US Code: 15 USC 78o-4 Name of Law: Securities Exchange Act of 1934
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 34196	05/26/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 50202	08/01/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 10

IC Title	Form No.	Form Name
Consent to Service of Process from Certain Associated Persons
Form MA-I: Information Regarding Natural Persons Who Engage in Municipal Advisory Activities	SEC 2899	Form MA-I
Form MA-NR: Designation of U.S. Agent for Service of Process for Non-Residents	SEC 2900	Form MA-NR
Form MA-W: Notice of Withdrawal from Registration as a Municipal Advisor	SEC 2901	Form MA-W
Form MA: Application for Municipal Advisor Registration	SEC 2898	Form MA
Form MA: Application for Municipal Advisor Registration - Costs
Rule 15Ba1-1(d)(3)(vi): Exemption When a Municipal Entity or Obligated Person Is Represented by an Independent Registered Municipal Advisor
Rule 15Ba1-1(h)(2): Exception to Definition of Municipal Escrow Investments
Rule 15Ba1-1(m)(3): Exception to Definition of Proceeds of Municipal Securities
Rule 15Ba1-8: Books and Records to Be Made and Maintained by Municipal Advisors

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ICR Summary of Burden

	Total Request	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	2,740	4,219	0	0	-1,479	0
Annual Time Burden (Hours)	80,964	123,087	0	0	-42,123	0
Annual Cost Burden (Dollars)	12,432	17,600	0	0	-5,168	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: No

Burden Reduction Due to:

Short Statement: Adjustments in estimates are based on recent three year averages of collection activities. Adjustments also take into account an increase in costs to hire outside counsel due to inflation, and a reduced time burden estimate to complete Form MA-NR. See Section 15 of the Supporting Statement for further detail.

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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]? Yes

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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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: 08/01/2023

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