Rule 2a-5 under the Investment Company Act of 1940, Fair Value

Forms and Documents

Document Name	Status
3235-XXXX.pdf Supplementary Document	2023-12-20
3235-0779.pdf Supplementary Document	2023-12-20
2023 Supporting Statement (2a-5).pdf Supporting Statement A	2023-10-11

IC Document Collections

IC ID	Document Title	Status
241745	Rule 2a-5 under the Investment Company Act of 1940, Fair Value	Modified

ICR Details

OMB Control No: 3235-0779	ICR Reference No: 202310-3235-010
Status: Received in OIRA	Previous ICR Reference No: 202101-3235-005
Agency/Subagency: SEC	Agency Tracking No:
Title: Rule 2a-5 under the Investment Company Act of 1940, Fair Value
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: 12/20/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	03/31/2024
Responses	9,800	9,335
Time Burden (Hours)	333,200	317,390
Cost Burden (Dollars)	36,005,200	29,685,300

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Abstract: Rule 2a-5 provides requirements for determining in good faith the fair value of the investments of a registered investment company or companies that have elected to be treated as business development companies under the Investment Company Act of 1940 for purposes of section 2(a)(41) of the Investment Company Act and rule 2a-4 thereunder.

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Authorizing Statute(s): US Code: 15 USC 80a-8 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 71903	10/18/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 88205	12/20/2023
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 2a-5 under the Investment Company Act of 1940, Fair Value

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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	9,800	9,335	0	0	465	0
Annual Time Burden (Hours)	333,200	317,390	0	0	15,810	0
Annual Cost Burden (Dollars)	36,005,200	29,685,300	0	0	6,319,900	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 annual burden hours for funds under rule 2a-5 has increased from 317,390 to 333,200 hours (an increase of 15,810 hours). The estimated annual cost burden associated with rule 2a-5 has increased from $29,685,300 to $36,005,200 (an increase of $6,319,900). This is due to increases in the number of affected entities, as well as in the estimated hourly burden and the external cost associated with the information collection requirements.

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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: 12/20/2023

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