Rule 104, 17 CFR 242.104 (Stabilizing and other activities in connection with an offering)

ICR 201102-3235-001

OMB: 3235-0465

Federal Form Document

Forms and Documents
Document
Name
Status
Supporting Statement A
2011-04-15
IC Document Collections
ICR Details
3235-0465 201102-3235-001
Historical Active 200803-3235-030
SEC TM-270-411
Rule 104, 17 CFR 242.104 (Stabilizing and other activities in connection with an offering)
Extension without change of a currently approved collection   No
Regular
Approved without change 05/26/2011
Retrieve Notice of Action (NOA) 04/15/2011
  Inventory as of this Action Requested Previously Approved
05/31/2014 36 Months From Approved 06/30/2011
745 0 795
149 0 159
0 0 8,944

Rule 104 requires that participants in a distribution collect the required information and provide the required notice regarding stabilizing, syndicate covering transactions, and penalty bids. The proposed amendments would require managing underwriters to identify or designate syndicate covering bids as such wherever communicated and would ban the use of penalty bids. The Commission does not receive this information and only examines it in the event of investigation. Investors, and the market in general, use this information in evaluating the price of the security in distribution.

US Code: 15 USC 77g,77q(a),77s(a), Name of Law: Securities Act of 1933, Sections7, 17(a) and 19(a)
   US Code: 15 USC 78o(b),78o(h),78q(a),78q(b), Name of Law: Securities Exchange Act of 1934, Sections 15(c), 15(h), 17(a) and 17(b)
   US Code: 15 USC 78k-1(c),78l,78m,78n,78o(b), Name of Law: Securities Exchange Act of 1934, Sections 11A(c), 12,13,14 and 15(b),
   US Code: 15 USC 78q(h),78w(a),78dd-1,78mm Name of Law: Securities Exchange Act of 1934, Sections 17(h), 23(a), 30A and 36
   US Code: 15 USC 80a-23,80a-29,80a-37 Name of Law: Investment Company Act of 1940, Sections 23, 29 and 37
   US Code: 15 USC 78b,78c,78g(c)(2), 78i(a),78j, Name of Law: Securities Exchange Act of 1934,Sections 2,3, 7(c)(2), 9(a) and 10,
  
None

Not associated with rulemaking

  76 FR 7594 02/10/2011
76 FR 21416 04/15/2011
No

1
IC Title Form No. Form Name
Rule 104, 17 CFR 242.104 (Stabilizing and other activities in connection with an offering)

  Total Approved 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 745 795 0 0 -50 0
Annual Time Burden (Hours) 149 159 0 0 -10 0
Annual Cost Burden (Dollars) 0 8,944 0 0 -8,944 0
No
No
The decrease in burden hours reflects a change in the agency's estimate due to a decrease in the amount of firm commitment offerings in 2010 from the firm commitment offering calculation used in prior years. Note that there is no external cost related to this rule, and the prior OMB Approval of costs amounting to $8,944 actually reflected internal labor costs. In this current submission, this is being corrected and therefore approval is not being requested for any costs.

$0
No
No
No
No
No
Uncollected
Joan Collopy 202 942-0772

  No

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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
04/15/2011


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