Rule 433

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Rule 433 (A-Investor Experience) Supporting Statement.pdf	Supporting Statement A	Uploaded 2022-12-20	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
43054	Rule 433 under the Securities Act of 1933 - Conditions to permissible post-filing free writing prospectuses		Modified

ICR Details

OMB Control No: 3235-0617	ICR Reference No: 202212-3235-022
Status: Historical Active	Previous ICR Reference No: 202101-3235-016
Agency/Subagency: SEC	Agency Tracking No: CF-270-558
Title: Rule 433
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/14/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 12/20/2022
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2023	36 Months From Approved	12/31/2023
Responses	20,179	0	19,971
Time Burden (Hours)	49,391	0	6,391
Cost Burden (Dollars)	7,668,800	0	7,668,800

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Abstract: Rule 433 applies to any free writing prospectus with respect to securities of any issuer (except as set forth in Rule 164 under the Securities Act of 1933) that are subject to a registration statement that has been filed under the Securities Act of 1933. A free writing prospectus that satisfies the conditions of this rule may include information the substance of which is not included in a registration statement.

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Authorizing Statute(s): US Code: 15 USC 78q, 78w, 78ll, 78mm Name of Law: Securities Exchange Act of 1934
   US Code: 15 USC 80a-6, 80a-8, 80a-20, 80a-23 Name of Law: Investment Company Act of 1940
   US Code: 15 USC 78c, 78d, 78j, 78l, 78m, 78n, Name of Law: Securities Exchange Act of 1934
   US Code: 15 USC 80a-24, 80a-30, 80a-31, 80a-38 Name of Law: Investment Company Act of 1940
   US Code: 15 USC 77f, 77g, 77h, 77j, 77s, 77z-3 Name of Law: Securities Act of 1933
   US Code: 15 USC 77a 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-AM52	Final or interim final rulemaking	87 FR 72758	11/25/2022

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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
Rule 433 under the Securities Act of 1933 - Conditions to permissible post-filing free writing prospectuses

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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	20,179	19,971	0	208	0	0
Annual Time Burden (Hours)	49,391	6,391	0	43,000	0	0
Annual Cost Burden (Dollars)	7,668,800	7,668,800	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The final amendments to rule 433 under the Securities Act of 1933 will increase the total annual hour burden from 6,391 hours to 49,391 hours (an increase of 43,000 hours). The estimated increase in burden hours will result from the number of hours needed to comply with amended rule 433. There no change in the estimated annual external cost burden attributed to rule 433 of $7,668,800

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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: 12/20/2022

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