Rule 607 under Regulation E, Sales Material to Be Filed

Forms and Documents

Document Name	Status
20250811_3235-0747_2025-15181_90 FR 38687_30-Day Submission Notice.pdf.pdf Supplementary Document	2025-08-11
2025 05 19_90 FR 21368_3235-0747_60-Day Collection Notice.pdf Supplementary Document	2025-05-19
Supporting Statement_Rule 607 (2025).pdf Supporting Statement A	2025-05-08

IC Document Collections

IC ID	Document Title	Status
220024	Rule 607 under Regulation E, Sales Material to Be Filed	Modified

ICR Details

OMB Control No: 3235-0747	ICR Reference No: 202505-3235-007
Status: Received in OIRA	Previous ICR Reference No: 202206-3235-010
Agency/Subagency: SEC	Agency Tracking No: IM
Title: Rule 607 under Regulation E, Sales Material to Be Filed
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: 08/11/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved	11/30/2025
Responses	1	1
Time Burden (Hours)	1	1
Cost Burden (Dollars)	0	0

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Abstract: Regulation E (17 CFR 230.601 - 230.610a) exempts from registration under the Securities Act of 1933 (15 U.S.C. 77a et seq.) (“Securities Act”) securities of small business investment companies (“SBICs”) that are registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) and closed-end investment companies that elect to be regulated as business development companies (“BDCs”) under the Investment Company Act of 1940, so long as the aggregate offering price of all securities of the issuer that may be sold within a 12-month period does not exceed $5,000,000 and certain other conditions are met. Rule 607 under Regulation E (17 CFR 230.607) requires SBICs and BDCs to file sales material used in connection with offerings under Regulation E with the SEC at least five days (excluding weekends and holidays) prior to its use. Sales material includes advertisements, articles or other communications to be published in newspapers, magazines, or other periodicals; radio and television scripts; and letters, circulars or other written communications proposed to be sent given or otherwise communicated to more than ten persons. SEC staff reviews sales material filed pursuant to Rule 607 for materially misleading statements and omissions. The requirements of Rule 607 are designed to protect investors from the use of false or misleading sales material in connection with Regulation E offerings.

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Authorizing Statute(s): US Code: 15 USC 77c(b) Name of Law: Securities Act of 1933
   US Code: 15 USC 77c(c) Name of Law: Securities Act of 1933
  

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:
	90 FR 21368	05/19/2025
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 38687	08/11/2025
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Rule 607 under Regulation E, Sales Material to Be Filed

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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	1	1	0	0	0	0
Annual Time Burden (Hours)	1	1	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	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: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government:

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

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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: 08/11/2025

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