30 Day Notice

3235-0485 30 Day Notice.pdf

Rule 15c2-1; Hypothecation of Customer Securities

30 Day Notice

OMB: 3235-0485

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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices

Dated: March 2, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–04662 Filed 3–5–21; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–135, OMB Control No.
3235–0176]

Submission for OMB Review;
Comment Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
Extension:
Rules 8b–1 to 8b–33

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Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission (the
‘‘Commission’’) has submitted to the
Office of Management and Budget
(‘‘OMB’’) a request for extension of the
previously approved collection of
information discussed below.
Rules 8b–1 to 8b–33 (17 CFR 270.8b–
1 to 8b–33) under the Investment
Company Act of 1940 (15 U.S.C. 80a–1
et seq.) (‘‘Investment Company Act’’) set
forth the procedures for preparing and
filing a registration statement under the
Investment Company Act. These
procedures are intended to facilitate the
registration process. These rules
generally do not require respondents to
report information.1
The Commission believes that it is
appropriate to estimate the total
respondent burden associated with
preparing each registration statement
form rather than attempt to isolate the
impact of the procedural instructions
under Section 8(b) of the Investment
Company Act, which impose burdens
only in the context of the preparation of
the various registration statement forms.
Accordingly, the Commission is not
1 Although the rules under Section 8(b) of the
Investment Company Act are generally procedural
in nature, two of the rules require respondents to
disclose some limited information. Rule 8b–3 (17
CFR 270.8b–3) provides that whenever a
registration form requires the title of securities to
be stated, the registrant must indicate the type and
general character of the securities to be issued. Rule
8b–22 (17 CFR 270.8b–22) provides that if the
existence of control is open to reasonable doubt, the
registrant may disclaim the existence of control, but
it must state the material facts pertinent to the
possible existence of control. The information
required by both of these rules is necessary to
insure that investors have clear and complete
information upon which to base an investment
decision.

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submitting a separate burden estimate
for rules 8b–1 through 8b–33, but
instead will include the burden for
these rules in its estimates of burden for
each of the registration forms under the
Investment Company Act. The
Commission is, however, submitting an
hourly burden estimate of one hour for
administrative purposes.
The collection of information under
rules 8b–1 to 8b–33 is mandatory. The
information provided under rules 8b–1
to 8b–33 is not kept confidential. An
agency may not conduct or sponsor, and
a person is not required to respond to,
a collection of information unless it
displays a currently valid OMB control
number.
The public may view background
documentation for this information
collection at the following website:
www.reginfo.gov. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to (i) www.reginfo.gov/public/do/
PRAMain and (ii) David Bottom,
Director/Chief Information Officer,
Securities and Exchange Commission, c/
o Cynthia Roscoe, 100 F Street NE,
Washington, DC 20549, or by sending an
email to: PRA_Mailbox@sec.gov.
Dated: March 2, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–04661 Filed 3–5–21; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–418, OMB Control No.
3235–0485]

Submission for OMB Review;
Comment Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
Extension:
Rule 15c2–1.

Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
Securities and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget
(‘‘OMB’’) a request for approval of
extension of the previously approved
collection of information provided for in
Rule 15c2–1, (17 CFR 240.15c2–1),

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under the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.).
Rule 15c2–1 (17 CFR 240.15c2–1)
prohibits the commingling under the
same lien of securities of margin
customers (a) with other customers
without their written consent and (b)
with the broker-dealer. The rule also
prohibits the re-hypothecation of
customers’ margin securities for a sum
in excess of the customer’s aggregate
indebtedness. Pursuant to Rule 15c2–1,
respondents must collect information
necessary to prevent the rehypothecation of customer securities in
contravention of the rule, issue and
retain copies of notices of hypothecation
of customer securities in accordance
with the rule, and collect written
consents from customers in accordance
with the rule. The information is
necessary to ensure compliance with the
rule and to advise customers of the
rule’s protections.
There are approximately 48
respondents (i.e., broker-dealers that
conducted business with the public,
filed Part II or Part IICSE of the FOCUS
Report, did not claim an exemption
from the Rule 15c3–3 reserve formula
computation, and reported that they had
a bank loan during at least one quarter
of the current year) that require an
aggregate total of approximately 1,080
hours to comply with the rule. Each of
these approximately 48 registered
broker-dealers makes an estimated 45
annual responses. Each response takes
approximately 0.5 hours to complete.
Thus, the total burden per year is
approximately 1,080 hours.
The retention period for the
recordkeeping requirement under Rule
15c2–1 is not less than two years
following the date the notice is
submitted. The recordkeeping
requirement under this rule is
mandatory to assist the Commission in
monitoring the respondent who fail to
collect the information set by the
Commission rule. This rule does not
involve the collection of confidential
information.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
under the PRA unless it displays a
currently valid OMB control number.
The public may view background
documentation for this information
collection at the following website:
www.reginfo.gov. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this

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