Rule 0-2 under the Investment Company Act of 1940, General Requirements of Papers and Applications

Forms and Documents

Document Name	Status
3235-0636.pdf Supplementary Document	2023-11-13
3235-0636.pdf Supplementary Document	2023-11-13
Rule 0-2 Supporting Statement 2023.pdf Supporting Statement A	2023-08-11

IC Document Collections

IC ID	Document Title	Status
182516	Rule 0-2 under the Investment Company Act of 1940, General Requirements of Papers and Applications	Modified

ICR Details

OMB Control No: 3235-0636	ICR Reference No: 202308-3235-005
Status: Received in OIRA	Previous ICR Reference No: 202012-3235-011
Agency/Subagency: SEC	Agency Tracking No: IM-270-572
Title: Rule 0-2 under the Investment Company Act of 1940, General Requirements of Papers and Applications
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: 11/13/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	03/31/2024
Responses	112	129
Time Burden (Hours)	2,268	2,617
Cost Burden (Dollars)	10,304,000	6,904,100

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Abstract: Rule 0-2 under the Investment Company Act of 1940 provides general instructions for filing an application with the Commission. Respondents to the collection are applying for orders of the Commission exempting them from one or more provisions of the Investment Company Act. Applicants for orders can include registered investment companies, affiliated persons of registered investment companies, and issuers seeking to avoid investment company status among other entities

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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

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

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 61656	09/07/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 77624	11/13/2023
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Rule 0-2 under the Investment Company Act of 1940, General Requirements of Papers and Applications

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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	112	129	0	0	-17	0
Annual Time Burden (Hours)	2,268	2,617	0	0	-349	0
Annual Cost Burden (Dollars)	10,304,000	6,904,100	0	0	3,399,900	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 estimated hourly burden associated with rule 0-2 would change from 2,617 hours to 2,268 hours (a decrease of 349 hours). The estimated cost burden associated with rule 0-2 would change from $6,904,100 to $10,304,000 (an increase of $3,399,900). These changes are due to changes in the number of responses as well as changes in the estimated cost of external legal services associated with rule 0-2.

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Annual Cost to Federal Government:

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: 11/13/2023

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