Form S-8-Securities Act Registration Statement

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form SEC 1398 Form S-8	Form and Instruction	Modified	Available
Form SEC 1398 Form S-8-Securities Act Registration Statement	Form and Instruction	Modified	Repair queued
Rule 701 Form S-8 Technical Amendments PRA Supporting Statement.Final(1).pdf	Supporting Statement A	Uploaded 2020-12-30	Repair queued
February 5, 2020 EDAGR PIA.pdf	Supplementary Document	Uploaded 2020-12-30	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
34237	Form S-8-Securities Act Registration Statement	Form and Instruction	Modified	Form S-8
34237	Form S-8-Securities Act Registration Statement	Form and Instruction	Modified

ICR Details

OMB Control No: 3235-0066	ICR Reference No: 202012-3235-019
Status: Historical Inactive	Previous ICR Reference No: 201805-3235-028
Agency/Subagency: SEC	Agency Tracking No: CF 270-66
Title: Form S-8-Securities Act Registration Statement
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: 03/22/2021
Retrieve Notice of Action (NOA)	Date Received in OIRA: 12/31/2020
Terms of Clearance: OMB approves the Department's request for emergency clearance of this ICR to facilitate the implementation of the "Safer Schools and Campuses Best Practices Clearinghouse" pursuant to EO 14000. Given ED's inability to seek public comment in advance of OMB approval, ED will include 60-day public comment language for the regular collection within the emergency notice. This will allow the public the full comment period for the regular collection as required by 5 CFR 1320.8(d).

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2021	36 Months From Approved	09/30/2021
Responses	2,140	0	2,140
Time Burden (Hours)	28,890	0	28,890
Cost Burden (Dollars)	11,556,000	0	11,556,000

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Abstract: Form S-8 is the primary registration statement used by qualified registrants to register securities issued in connection with employee benefit plans.

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Authorizing Statute(s): US Code: 15 USC 77s(a), 77z-3 Name of Law: Securities Act of 1933
   US Code: 15 USC 78c(b), 78l, 78m, 78o, 78w(a) Name of Law: Securities Exchange Act of 1934
   US Code: 15 USC 78mm Name of Law: Securities Exchange Act of 1934
   US Code: 15 USC 77c(b), 77f, 77g, 77h, 77j Name of Law: Securities Act of 1933
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AM38	Proposed rulemaking	85 FR 80232	12/11/2020

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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

table that charts list of burden

IC Title	Form No.	Form Name
Form S-8-Securities Act Registration Statement	SEC 1398	Form S-8

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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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The proposed amendments to Form S-8 under the Securities Act of 1933 would reduce a registrant’s paperwork burden by conforming Form S-8 instructions to current IRS plan review practices and eliminating the requirement to describe the tax effects of plan participation on the registrant. For purposes of the PRA, we estimate that, for Form S-8, the proposed amendments would result in a reduction of 115 internal burden hours and a reduction in the cost burden of $46,000 for the services of outside professionals.

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Annual Cost to Federal Government: $103,479,690

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: 12/31/2020

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