Rule 15b9-1 – Exemption for Certain Exchange Members

ICR 202308-3235-022

OMB: 3235-0743

Federal Form Document

Forms and Documents
Supporting Statement A
IC Document Collections
ICR Details
3235-0743 202308-3235-022
Received in OIRA 202209-3235-013
SEC TM-270-665
Rule 15b9-1 – Exemption for Certain Exchange Members
Existing collection in use without an OMB Control Number   No
Regular 09/07/2023
  Requested Previously Approved
36 Months From Approved
34 0
861 0
0 0

Rule 15b9-1 provides an exemption for certain broker-dealers from the Securities Exchange Act of 1934 requirement to become a member of a national securities association. Under amendments adopted in August 2023, a broker-dealer relying on the Rule would be permitted to effect securities transactions otherwise than on a national securities exchange of which it is a member if the transactions are solely for the purpose of executing the stock leg of a stock-option order, and the broker-dealer establishes, maintains and enforces written policies and procedures reasonably designed to ensure and demonstrate that such transactions are solely for such purpose. NOTE: This rule was first proposed in 2016; the Commission re-proposed it in 2022. Both the proposals were reviewed by OMB and the Commission is now submitting the final rule's PRA package for OMB's approval.

US Code: 15 USC 78o(b)(9) Name of Law: Securities Exchange Act of 1934

3235-AN17 Final or interim final rulemaking 88 FR 61850 09/07/2023


  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 34 0 0 34 0 0
Annual Time Burden (Hours) 861 0 0 861 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
Changing Regulations
The Commission has adopted a rule that would impose new collection of information requirements. These are discussed in more detail in the attached Supporting Statement.

Michael Bradley 202 551-5594


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:
    (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;
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.

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