Rule 12d2-2 (17 CFR 240.12d2-2) and Form 25 (17 CFR 249.25) - Removal from Listing and Registration

Forms and Documents

Document Name	Status
Form SEC 1654 (03-06) National Securities Exchanges Form and Instruction	Modified
2017_12d2-2_Supporting_Statement (final).pdf Supporting Statement A	2018-02-15

IC Document Collections

IC ID	Document Title	Status
34311	National Securities Exchanges Form and Instruction	Modified
213538	Issuers	Modified

ICR Details

OMB Control No: 3235-0080	ICR Reference No: 201711-3235-005
Status: Active	Previous ICR Reference No: 201406-3235-004
Agency/Subagency: SEC	Agency Tracking No: TM 270-086
Title: Rule 12d2-2 (17 CFR 240.12d2-2) and Form 25 (17 CFR 249.25) - Removal from Listing and Registration
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/28/2018
	Date Received in OIRA: 02/15/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2021	36 Months From Approved	03/31/2018
Responses	900	0	789
Time Burden (Hours)	900	0	789
Cost Burden (Dollars)	0	0	0

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Abstract: Under Section 12(b) of the Securities Exchange Act of 1934, 15 (U.S.C. 78l(b)), Rule 12d2-2 requires all issuers and national securities exchanges seeking to delist and/or deregister a security in accordance with the rules of an exchange and the Commission to electronically file a Form 25. Rule 12d2-2 ("Rule") and Form 25 ("Form 25") were adopted in 1935 and 1952, respectively, pursuant to Sections 12 and 23 of the Act. The Rule sets forth the conditions and procedures under which a security may be delisted from an exchange and withdrawn from registration under Section 12(b) of the Act. The Commission adopted amendments to Rule 12d2-2 and Form 25. Under the amended Rule, all issuers and national securities exchanges seeking to delist and deregister a security in accordance with the rules of an exchange must file the adopted version of Form 25 with the Commission. The Commission has also adopted amendments to Rule 19d-1 under the Act to require exchanges to file the adopted version of Form 25 as notice to the Commission under Section 19(d) of the Act. Finally, the Commission has adopted amendments to exempt options and security futures from Section 12(d) of the Act. These amendments are intended to simplify the paperwork and procedure associated with a delisting and to unify general rules and procedures relating to the delisting process.

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Authorizing Statute(s): US Code: 15 USC 78b, 78c, 78k, and 78w Name of Law: Sections 12 and 23 of the Securities Exchange Act of 1934
  

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:
	82 FR 57317	12/04/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 4947	02/02/2018
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Issuers
National Securities Exchanges	SEC 1654 (03-06)	Form 25

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ICR Summary of Burden

	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	900	789	0	0	111	0
Annual Time Burden (Hours)	900	789	0	0	111	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: The increase in burden is a result of an increase in the number of forms filed with the Commission due to market conditions.

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Annual Cost to Federal Government: $16,875

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.     Yes

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? 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: 02/15/2018

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