Rule 18a-1 – Net Capital Requirements For Security-Based Swap Dealers For Which There Is Not a Prudential Regulator

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
3235-0701.pdf	Supplementary Document	Uploaded 2022-09-15	Repair queued
3235-0701.pdf	Supplementary Document	Uploaded 2022-09-15	Repair queued
2022 Supporting Statement Rule 18a-1.pdf	Supporting Statement A	Uploaded 2022-07-01	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
237323	Rule 18a-1(d) (VaR Models)		Removed
236972	Rule 18a-1(c) - Account Control Agreement Legal Analysis		Removed
236971	Rule 18a-1(c) Account Control Agreement Opinion of Counsel		Removed
236970	Rule 18a-1(c) - Account Control Agreement Legal Analysis		Removed
236969	Rule 18a-1(c) - Account Control Agreement		Modified
236968	Rule 18a-1 - Subordinated Loan Agreements		Modified
206757	Rule 18a-1(h) Commission Notices		Modified
206756	18a-1(c) Industry Sector Classification		Modified
206755	18a-1(g) Risk Management Control System		Modified
206751	Rule 18a-1(a) VaR Models - Ongoing Burden		Modified

ICR Details

OMB Control No: 3235-0701	ICR Reference No: 202205-3235-003
Status: Historical Active	Previous ICR Reference No: 201907-3235-015
Agency/Subagency: SEC	Agency Tracking No: TM-270-649
Title: Rule 18a-1 – Net Capital Requirements For Security-Based Swap Dealers For Which There Is Not a Prudential Regulator
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: 11/03/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 09/15/2022
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2025	36 Months From Approved	11/30/2022
Responses	520	0	640
Time Burden (Hours)	21,024	0	26,545
Cost Burden (Dollars)	2,598,500	0	13,475,000

---

Abstract: Rule 18a-1 establishes net capital standards and requirements for nonbank firms not subject to Rule 15c3-1 and required to register with the SEC under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 as security-based swap dealers. Net capital standards ensure that firms maintain sufficient liquid assets to meet all customer obligations.

---

Authorizing Statute(s): US Code: 15 USC 78a et seq. Name of Law: Securities Exchange Act of 1934
   PL: Pub.L. 111 - 203 763 & 764 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 203 763-764 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act

---

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:
	87 FR 41152	07/11/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 56734	09/15/2022
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 6

table that charts list of burden

IC Title	Form No.	Form Name
18a-1(c) Industry Sector Classification
18a-1(g) Risk Management Control System
Rule 18a-1 - Subordinated Loan Agreements
Rule 18a-1(a) VaR Models - Ongoing Burden
Rule 18a-1(c) - Account Control Agreement
Rule 18a-1(c) - Account Control Agreement Legal Analysis
Rule 18a-1(c) - Account Control Agreement Legal Analysis
Rule 18a-1(c) Account Control Agreement Opinion of Counsel
Rule 18a-1(d) (VaR Models)
Rule 18a-1(h) Commission Notices

---

ICR Summary of Burden

table that charts list 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	520	640	0	0	-120	0
Annual Time Burden (Hours)	21,024	26,545	0	0	-5,521	0
Annual Cost Burden (Dollars)	2,598,500	13,475,000	0	0	-10,876,500	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 changes in burden are due to the fact we do not expect any new stand-alone SBSDs in the next three years (so there are no initial burdens) and because in 2019 we overestimated, by one, the number of stand-alone SBSDs (so the ongoing burden is reduced). .

---

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]? Yes

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: 09/15/2022

---