Rule 203-2 and Form ADV-W under the Investment Advisers Act of 1940

Forms and Documents

Document Name	Status
Form SEC-777 Rule 203-2 and Form ADV-W under the Investment Advisers Act of 1940 Form	Modified
Supporting Statement (FINAL).docx Supporting Statement A	2010-12-13

IC Document Collections

IC ID	Document Title	Status
34823	Rule 203-2 and Form ADV-W under the Investment Advisers Act of 1940 Form	Modified

ICR Details

OMB Control No: 3235-0313	ICR Reference No: 201012-3235-004
Status: Historical Inactive	Previous ICR Reference No: 201007-3235-020
Agency/Subagency: SEC	Agency Tracking No: IM-270-40
Title: Rule 203-2 and Form ADV-W under the Investment Advisers Act of 1940
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 02/16/2011
	Date Received in OIRA: 12/14/2010
Terms of Clearance: Pursuant to 5 CFR 1320.11(c), OMB files this comment on this information collection request (ICR). In accordance with 5 CFR 1320, OMB is withholding approval at this time. The agency shall examine public comment in response to the NPRM and will include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2013	36 Months From Approved	11/30/2013
Responses	1,000	0	1,000
Time Burden (Hours)	500	0	500
Cost Burden (Dollars)	0	0	0

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Abstract: Rule 203-2 establishes procedures for an investment adviser to withdraw its registration, or a pending registration application, with the Securities and Exchange Commission, and requires every person withdrawing from investment adviser registration with the Commission to file Form ADV-W electronically on the Investment Adviser Registration Depository. The purpose of this information collection is to notify the Commission and the public when each investment adviser withdraws SEC registration.

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Authorizing Statute(s): US Code: 15 USC 80b Name of Law: Investment Advisers Act of 1940
   PL: Pub.L. 111 - 203 410 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 203 410 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act
US Code: 15 USC 80b-3a(a)(2) Name of Law: Investment Advisers Act of 1940

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AK82	Proposed rulemaking	75 FR 77052	12/10/2010

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Federal Register Notices & Comments

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 203-2 and Form ADV-W under the Investment Advisers Act of 1940	SEC-777	Form ADV-W

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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: No

Burden Reduction Due to:

Short Statement: The increase in the revised total annual collection of information burden for rule 203-2 and Form ADV-W by 1,038 hours is attributable primarily to the 4,100 additional mid-sized advisers expected to file Form ADV-W to withdraw from SEC registration as a result of the Dodd-Frank Act, and 50 pension consultants expected to file Form ADV-W to withdraw from SEC registration as a result of proposed changes to rule 203A-2 under the Advisers Act.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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]? Yes

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

Is this ICR related to the Pandemic Response? Uncollected

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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: 12/14/2010

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