Rule 35d-1 Investment Company Names

Forms and Documents

Document Name	Status
3235-0548 60 Day Notice.pdf Supplementary Document	2021-11-23
3235-0548 2021-25171.pdf Supplementary Document	2021-11-18
Supporting Statement - Rule 35d-1.pdf Supporting Statement A	2021-08-16

IC Document Collections

IC ID	Document Title	Status
35369	Rule 35d-1 under the Investment Company Act of 1940, Investment Company Names	Modified

ICR Details

OMB Control No: 3235-0548	ICR Reference No: 202108-3235-009
Status: Received in OIRA	Previous ICR Reference No: 201801-3235-006
Agency/Subagency: SEC	Agency Tracking No: IM-270-491
Title: Rule 35d-1 Investment Company Names
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/23/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	01/31/2022
Responses	38	33
Time Burden (Hours)	760	660
Cost Burden (Dollars)	0	0

---

Abstract: Section 35(d) of the Investment Company Act of 1940 prohibits a registered investment company from adopting as part of the name or title of such company, or of any securities of which it is the issuer, any word or words that the Commission finds are materially deceptive or misleading. Rule 35d-1 under the Investment Company Act defines “materially deceptive and misleading” for purposes of Section 35(d) and further requires either that the investment policy is fundamental or that the fund has adopted a policy to provide its shareholders with at least 60 days prior notice of any change in the investment policy.

---

Authorizing Statute(s): US Code: 15 USC 80a-1 et seq. Name of Law: Investment Company Act of 1940
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 48789	08/31/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 64575	11/18/2021
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Rule 35d-1 under the Investment Company Act of 1940, Investment Company Names

---

ICR Summary of Burden

	Total Request	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	38	33	0	0	5	0
Annual Time Burden (Hours)	760	660	0	0	100	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 Commission continues to estimate that there is no external cost burden associated with this rule. The increase in the estimated annual internal burden hours from 660 hours to 760 hours is due to an increase in the estimated number of funds registered with the Commission, thus an increase to the number of funds providing notice to shareholders under the rule. The annual cost burden has increased from $258,720 to $323,000. This $64,280 increase is attributable to (1) an increase in the number of funds providing notice to shareholders and (2) changes in the costs of attorneys’ preparation of the notice to shareholders.

---

Annual Cost to Federal Government: $0

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

---

Common Form ICR:  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:

(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: 11/23/2021

---