Rule 17a-5, Form X-17A-5 (FOCUS REPORT)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form SEC 1696 Focus Report Part !!A	Form	Unchanged	Available
Form SEC 1696 IC2 - Rule 17a-5; Quarterly reports to be made by certain brokers and dealers	Form	Unchanged	Repair queued
Form SEC 1696 FOCUS Report Part IIC	Form and Instruction	New	Available
Form SEC 1696 FOCUS Report Part II	Form and Instruction	New	Available
Form SEC 1696 2023 proposed corrective and clarifying amendments to FOCUS Report Part II	Form and Instruction	New	Repair queued
Form SEC 1410 Focus Report Part III	Form	Modified	Available
Form SEC 1410 IC6 - Annual audited reports	Form	Modified	Repair queued
Form SEC 1695 Focus Report Part II	Form	Modified	Repair queued
Form SEC 1695 IC1 - Monthly Reports	Form	Modified	Repair queued
3235-0123 Supporting Statement (2023 PTE Proposal).pdf	Supporting Statement A	Uploaded 2023-05-31	Repair queued
34-87005 - Form X-17A-5 v2.pdf	Supplementary Document	Uploaded 2021-07-29	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
42969	IC2 - Rule 17a-5; Quarterly reports to be made by certain brokers and dealers	Form	Unchanged	Focus Report Part !!A
42969	IC2 - Rule 17a-5; Quarterly reports to be made by certain brokers and dealers	Form	Unchanged
42969	IC2 - Rule 17a-5; Quarterly reports to be made by certain brokers and dealers	Instruction	Unchanged
260482	2023 proposed amendments to FOCUS Report signature requirement		New
260481	2023 proposed corrective and clarifying amendments to FOCUS Report Part II	Form and Instruction	New	FOCUS Report Part IIC
260481	2023 proposed corrective and clarifying amendments to FOCUS Report Part II	Form and Instruction	New	FOCUS Report Part II
260481	2023 proposed corrective and clarifying amendments to FOCUS Report Part II	Form and Instruction	New
260480	2023 proposal to require filing annual audit in Inline XBRL – Ongoing burden		New
260479	2023 proposal to require filing annual audit in Inline XBRL – Initial burden		New
260478	2023 proposal to require filing annual audit on EDGAR		New
248627	IC 18 FOCUS Report Part II: Non-Model Stand-alone Broker-Dealers with SBS Activities		Modified
248626	IC 17 FOCUS Report Part II: ANC Broker-Dealer SBSDs		Modified
248624	IC 16 FOCUS Report Part II: Non-Model Broker-Dealer MSBSPs		Modified
248623	IC 15 FOCUS Report Part II: Non-Model Broker-Dealer SBSDs		Modified
226203	IC14 - Statement Regarding Change of Independent Public Accountant		Unchanged
226202	IC13 - Statement Regarding Independent Public Accountant (Non-carrying/Non-clearing)		Unchanged
226201	IC12 - Statement Regarding Independent Public Accountant		Unchanged
226200	IC11 - SIPC Annual Assessment Reconciliation Form or Certification of Exclusion from Membership Form		Unchanged
226060	IC10 - Change in Fiscal Year End		Unchanged
209694	IC9 - SIPC Audited Reports		Unchanged
209693	IC8 - Exemption Report Requirement		Unchanged
209692	IC7 - Compliance Report Requirement		Unchanged
205674	IC6 - Annual audited reports	Form	Modified	Focus Report Part III
205674	IC6 - Annual audited reports	Form	Modified
205673	IC4 - Appendix E additional quarterly reports		Modified
205672	IC5 - Appendix E additional annual reports		Modified
205506	IC 3 - Appendix E additional monthly reports		Modified
205430	IC1 - Monthly Reports	Form	Modified	Focus Report Part II
205430	IC1 - Monthly Reports	Form	Modified
205430	IC1 - Monthly Reports	Instruction	Modified

ICR Details

OMB Control No: 3235-0123	ICR Reference No: 202305-3235-030
Status: Historical Inactive	Previous ICR Reference No: 202107-3235-022
Agency/Subagency: SEC	Agency Tracking No: TM-270-155
Title: Rule 17a-5, Form X-17A-5 (FOCUS REPORT)
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	Conclusion Date: 07/25/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 06/01/2023
Terms of Clearance: Pursuant to 5 CFR 1320.11(c), OMB files this comment on this information collection request (ICR). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. The agency shall examine public comment in response to the NPRM and will describe in the supporting statement of its next collection any public comments received regarding the collection as well as why (or why it did not) incorporate the commenter’s recommendation. The next submission to OMB must include the draft final rule.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		10/31/2023	10/31/2023
Responses	0	0	36,557
Time Burden (Hours)	0	0	336,034
Cost Burden (Dollars)	0	0	35,287,129

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Abstract: Securities Exchange Act Rule 17a-5 is a reporting rule for broker-dealers. Paragraph (a) of Rule 17a-5 requires broker-dealers to file Form X-17A-5, the Financial and Operational Combined Uniform Single Report (“FOCUS Report”). Paragraph (c) of Rule 17a-5 requires broker-dealers to furnish certain financial information to customers. Paragraph (d) of Rule 17a-5 requires broker-dealers, subject to limited exception, to file annual reports, including financial statements and supporting schedules that generally must be audited by a PCAOB-registered independent public accountant in accordance with PCAOB standards. Paragraph (h) of Rule 17a-5 contains notification requirements related to certain findings made during the course of the independent accountant’s audit. Paragraph (k) of Rule 17a-5 pertains to supplemental reports to be filed by broker-dealers that compute certain capital charges in accordance with Appendix E to Exchange Act Rule 15c3-1. Paragraph (p) of Rule 17a-5 provides that OTC derivatives dealers may comply with Rule 17a-5 by complying with Exchange Act Rule 17a-12.

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Authorizing Statute(s): US Code: 15 USC 78a Name of Law: 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:
3235-AL85	Proposed rulemaking	88 FR 23920	04/18/2023

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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: 23

table that charts list of burden

IC Title	Form No.	Form Name
2023 proposal to require filing annual audit in Inline XBRL – Initial burden
2023 proposal to require filing annual audit in Inline XBRL – Ongoing burden
2023 proposal to require filing annual audit on EDGAR
2023 proposed amendments to FOCUS Report signature requirement
2023 proposed corrective and clarifying amendments to FOCUS Report Part II	SEC 1696, SEC 1696	FOCUS Report Part II ,   FOCUS Report Part IIC
IC 15 FOCUS Report Part II: Non-Model Broker-Dealer SBSDs
IC 16 FOCUS Report Part II: Non-Model Broker-Dealer MSBSPs
IC 17 FOCUS Report Part II: ANC Broker-Dealer SBSDs
IC 18 FOCUS Report Part II: Non-Model Stand-alone Broker-Dealers with SBS Activities
IC 3 - Appendix E additional monthly reports
IC1 - Monthly Reports	SEC 1695	Focus Report Part II
IC10 - Change in Fiscal Year End
IC11 - SIPC Annual Assessment Reconciliation Form or Certification of Exclusion from Membership Form
IC12 - Statement Regarding Independent Public Accountant
IC13 - Statement Regarding Independent Public Accountant (Non-carrying/Non-clearing)
IC14 - Statement Regarding Change of Independent Public Accountant
IC2 - Rule 17a-5; Quarterly reports to be made by certain brokers and dealers	SEC 1696	Focus Report Part !!A
IC4 - Appendix E additional quarterly reports
IC5 - Appendix E additional annual reports
IC6 - Annual audited reports	SEC 1410	Focus Report Part III
IC7 - Compliance Report Requirement
IC8 - Exemption Report Requirement
IC9 - SIPC Audited Reports

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: The Commission recently proposed to amend Rule 17a-5 to require annual audited reports and related annual filings to be filed electronically in Inline XBRL through the Commission’s EDGAR system (this was part of a larger rulemaking proposing to amend several Commission rules). The proposal would add new hour and cost burdens, and would eliminate some cost burdens associated with making filings in paper. The revisions to the burdens are discussed in more detail in the attached Supporting Statement. NOTE that we have also modified to ICs 15 through 18 to remove the word "New" from the IC Title, since they were previously approved, but we have not made any other changes to those ICs.

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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

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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: 06/01/2023

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