Rule 3a-8 under the Investment Company Act; Certain Research and Development Companies

Forms and Documents

Document	Type	Status	Availability
3235-0574_30-Day Submission Notice.pdf.pdf	Supplementary Document	Uploaded 2026-06-22	Available
3235-0574_60-Day Collection Notice.pdf	Supplementary Document	Uploaded 2026-04-17	Available
Supporting Statement_Rule 3a-8.pdf	Supporting Statement A	Uploaded 2026-04-06	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
35423	Rule 3a-8 under the Investment Company Act, Certain Research and Development Companies		Modified

ICR Details

OMB Control No: 3235-0574	ICR Reference No: 202604-3235-002
Status: Received in OIRA	Previous ICR Reference No: 202305-3235-028
Agency/Subagency: SEC	Agency Tracking No: IM
Title: Rule 3a-8 under the Investment Company Act; Certain Research and Development Companies
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: 06/22/2026

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2026
Responses	1	1
Time Burden (Hours)	1	1
Cost Burden (Dollars)	0	0

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Abstract: Rule 3a-8 (17 CFR 270.3a-8) under the Investment Company Act of 1940 applies to research and development companies that rely on the rule's safe harbor from the definition of investment company. The rule requires that the research and development company's board of directors adopt an appropriate resolution evidencing that the company is primarily engaged in non-investment business, record that resolution contemporaneously, and adopt a written investment policy with respect to capital preservation investments. These requirements help ensure involvement of the research and development company's board of directors in determining the company's status under the Investment Company Act of 1940 and as evidence of the company's primary business activities. The requirements also help ensure that adequate records are available for Commission review, if necessary.

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Authorizing Statute(s): US Code: 15 USC 80a 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:
	91 FR 20741	04/17/2026
30-day Notice:	Federal Register Citation:	Citation Date:
	91 FR 37154	06/22/2026
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 3a-8 under the Investment Company Act, Certain Research and Development Companies

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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	1	1	0	0	0	0
Annual Time Burden (Hours)	1	1	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	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:

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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: 06/22/2026

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