Rule 204-2 under the Investment Advisers Act of 1940

Forms and Documents

Document	Type	Status	Availability
20260304_3235-0278_2026-04235_91 FR 10651_30-Day Submission Notice.pdf.pdf	Supplementary Document	Uploaded 2026-03-04	Available
20251216_3235-0278_2025-22947_90 FR 58349_60-Day Collection Notice.pdf	Supplementary Document	Uploaded 2025-12-16	Available
Supporting Statement_Rule 204-2.pdf	Supporting Statement A	Uploaded 2025-12-11	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
34747	Rule 204-2, Books and Records to Be Maintained by Investment Advisers		Modified

ICR Details

OMB Control No: 3235-0278	ICR Reference No: 202512-3235-015
Status: Received in OIRA	Previous ICR Reference No: 202304-3235-012
Agency/Subagency: SEC	Agency Tracking No: IM
Title: Rule 204-2 under the Investment Advisers Act of 1940
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: 03/04/2026

	Requested	Previously Approved
Expiration Date	36 Months From Approved	05/31/2026
Responses	15,906	15,160
Time Burden (Hours)	2,941,494	2,803,536
Cost Burden (Dollars)	0	0

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Abstract: Rule 204-2 (17 CFR 275.204-2) under the Investment Advisers Act (15 U.S.C. 80b-4) sets forth mandatory requirements for maintaining and preserving specified books and records. The purpose of the information collection in rule 204-2 is to assist the Commission’s examination and oversight program in determining compliance with the Advisers Act and corresponding rules. The collection of information under rule 204-2 is necessary for the Commission staff to use in its examination and oversight program. The respondents are investment advisers registered with the Commission. The investment adviser must maintain and preserve specific books and records required under the rule and must make these records available to the Commission or any representative of the Commission at any time and from time to time for reasonable periodic, special or other examination.

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Authorizing Statute(s): US Code: 15 USC 80b-1 Name of Law: Investment Advisers Act of 1940
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 213 410 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act

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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 58349	12/16/2025
30-day Notice:	Federal Register Citation:	Citation Date:
	91 FR 10651	03/04/2026
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 204-2, Books and Records to Be Maintained by Investment Advisers

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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	15,906	15,160	0	0	746	0
Annual Time Burden (Hours)	2,941,494	2,803,536	0	0	137,958	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: We estimate that the total burden hours associated with rule 204-2 will increase from 2,803,536 hours per year to 2,941,493.4 hours per year. This increase is attributable to an increase in the number of SEC registered advisers over the previously approved burden.

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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: 03/04/2026

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