OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. 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 describe in the preamble of the final rule how the agency has maximized the practical utility of the collection and minimized the burden. The next submission to OMB must include the draft final rule.
Inventory as of this Action
Requested
Previously Approved
08/31/2015
36 Months From Approved
08/31/2015
25,000
0
25,000
25,000
0
25,000
30,000,000
0
30,000,000
Form D is a notice of sales filed by issuers making an offering of securities in reliance on an exemption under Regulation D or Section 4(a)(5) of the Securities Act of 1933.
In Release No. 33-9354, the Commission proposed new Rule 506(c) of Regulation D to implement Section 201(a)(1) of the Jumpstart Our Business Startups Act. In the release, the Commission also proposed an amendment to Form D to add a separate check box for issuers to indicate whether they are claiming an exemption under Rule 506(c). While we estimate that, under the proposed amendment to Form D, the burden for responding to the collection of information in Form D would be substantially the same as before the proposed amendment to Form D, we believe that the proposed amendment to Rule 506 , which would remove the current prohibition on the use of general solicitation or general advertising in Rule 506 offerings provided that certain conditions are met, would increase the number of Form D filings that are made with the Commission. Accordingly, we estimate that the rule and form amendments will result in approximately 5,000 new burden hours of in-house personnel time and an increase of $6,000,000 in costs for the services of outside professionals.
$50,000
No
No
No
No
No
Uncollected
Charles Kwon 202 551-3231
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.