Proposed Collection; Comment Request, 6659-6660 [2014-02244]
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Federal Register / Vol. 79, No. 23 / Tuesday, February 4, 2014 / Notices
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record demonstrating that the adviser’s
advisory business has been conducted
through an interactive Web site in
accordance with the rule.6
This record maintenance requirement
is a ‘‘collection of information’’ for PRA
purposes. The Commission believes that
approximately 74 advisers are registered
with the Commission under rule 203A–
2(e), which involves a recordkeeping
requirement of approximately four
burden hours per year per adviser and
results in an estimated 296 of total
burden hours (4 x 74) for all advisers.
This collection of information is
mandatory, as it is used by Commission
staff in its examination and oversight
program in order to determine
continued Commission registration
eligibility for advisers registered under
this rule. Responses generally are kept
confidential pursuant to section 210(b)
of the Advisers Act.7 Written comments
are invited on: (a) Whether the
collection of information is necessary
for the proper performance of the
functions of the Commission, including
whether the information has practical
utility; (b) The accuracy of the
Commission’s estimate of the burden of
the collection of information; (c) Ways
to enhance the quality, utility, and
clarity of the information collected; and
(d) Ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Consideration will be given to
comments and suggestions submitted in
writing within 60 days of this
publication. An agency may not conduct
or sponsor a collection of information
unless it displays a currently valid OMB
control number. No person shall be
subject to any penalty for failing to
comply with a collection of information
subject to the PRA that does not display
a valid OMB control number.
Please direct your written comments
to Thomas Bayer, Chief Information
Officer, Securities and Exchange
Commission, C/O Remi Pavlik-Simon,
100 F Street NE., Washington, DC
20549; or send an email to: PRA_
Mailbox@sec.gov.
Dated: January 29, 2014.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–02245 Filed 2–3–14; 8:45 am]
BILLING CODE 8011–01–P
advisers under rule 204–2 of the Advisers Act. See
rule 204–2 (17 CFR 275.204–2).
6 17 CFR 275.203A–2(e)(1)(ii).
7 15 U.S.C. 80b–10(a).
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20:14 Feb 03, 2014
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SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension:
Rule 203A–2(d), OMB Control No. 3235–
0689, SEC File No. 270–630.
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) the Securities
and Exchange Commission (the
‘‘Commission’’) is soliciting comments
on the collections of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget (‘‘OMB’’) for
extension and approval.
The title of the collection of
information is: ‘‘Exemption for Certain
Multi-State Investment Advisers (Rule
203A–2(d)).’’ Its currently approved
OMB control number is 3235–0689. An
agency may not conduct or sponsor, and
a person is not required to respond to,
a collection of information unless it
displays a currently valid OMB control
number.
Pursuant to section 203A of the
Investment Advisers Act of 1940 (the
‘‘Act’’) (15 U.S.C. 80b-3a), an investment
adviser that is regulated or required to
be regulated as an investment adviser in
the state in which it maintains its
principal office and place of business is
prohibited from registering with the
Commission unless that adviser has at
least $25 million in assets under
management or advises a Commissionregistered investment company. Section
203A also prohibits from Commission
registration an adviser that: (i) Has
assets under management between $25
million and $100 million; (ii) is required
to be registered as an investment adviser
with the state in which it maintains its
principal office and place of business;
and (iii) if registered, would be subject
to examination as an adviser by that
state (a ‘‘mid-sized adviser’’). A midsized adviser that otherwise would be
prohibited may register with the
Commission if it would be required to
register with 15 or more states.
Similarly, Rule 203A–2(d) under the Act
(17 CFR 275.203a-2(d)) provides that the
prohibition on registration with the
Commission does not apply to an
investment adviser that is required to
register in 15 or more states. An
investment adviser relying on this
exemption also must: (i) Include a
PO 00000
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Fmt 4703
Sfmt 4703
6659
representation on Schedule D of Form
ADV that the investment adviser has
concluded that it must register as an
investment adviser with the required
number of states; (ii) undertake to
withdraw from registration with the
Commission if the adviser indicates on
an annual updating amendment to Form
ADV that it would be required by the
laws of fewer than 15 states to register
as an investment adviser with the state;
and (iii) maintain in an easily accessible
place a record of the states in which the
investment adviser has determined it
would, but for the exemption, be
required to register for a period of not
less than five years from the filing of a
Form ADV relying on the rule.
Respondents to this collection of
information are investment advisers
required to register in 15 or more states
absent the exemption that rely on rule
203A–2(d) to register with the
Commission. The information collected
under rule 203A–2(d) permits the
Commission’s examination staff to
determine an adviser’s eligibility for
registration with the Commission under
this exemptive rule and is also
necessary for the Commission staff to
use in its examination and oversight
program. This collection of information
is codified at 17 CFR 275.203a–2(d) and
is mandatory to qualify for and maintain
Commission registration eligibility
under rule 203A–2(d). Responses to the
recordkeeping requirements under rule
203A–2(d) in the context of the
Commission’s examination and
oversight program are generally kept
confidential.
The estimated number of investment
advisers subject to the collection of
information requirements under the rule
is 152. These advisers will incur an
average one-time initial burden of
approximately 8 hours, and an average
ongoing burden of approximately 8
hours per year, to keep records
sufficient to demonstrate that they meet
the 15-state threshold. These estimates
are based on an estimate that each year
an investment adviser will spend
approximately 0.5 hours creating a
record of its determination whether it
must register as an investment adviser
with each of the 15 states required to
rely on the exemption, and
approximately 0.5 hours to maintain
these records. Accordingly, we estimate
that rule 203A–2(d) results in an annual
aggregate burden of collection for SECregistered investment advisers of a total
of 1,216 hours. Estimates of average
burden hours are made solely for the
purposes of the Paperwork Reduction
Act, and are not derived from a
comprehensive or even a representative
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6660
Federal Register / Vol. 79, No. 23 / Tuesday, February 4, 2014 / Notices
survey or study of the costs of
Commission rules and forms.
Written comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology. Consideration will be given
to comments and suggestions submitted
in writing within 60 days of this
publication.
Please direct your written comments
to Thomas Bayer, Chief Information
Officer, Securities and Exchange
Commission, C/O Remi Pavlik-Simon,
100 F Street NE., Washington, DC
20549; or send an email to: PRA_
Mailbox@sec.gov.
Dated: January 29, 2014.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–02244 Filed 2–3–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
necessary for the Commission staff to
use in its examination and oversight
program. The respondents to the
collection of information are investment
advisers registered with us. The
Commission staff estimates that the total
reporting and recordkeeping burden of
the collection of information for each
respondent is approximately 181.45
hours.
Written comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology. Consideration will be given
to comments and suggestions submitted
in writing within 60 days of this
publication.
Please direct your written comments
to Thomas Bayer, Chief Information
Officer, Securities and Exchange
Commission, C/O Remi Pavlik-Simon,
100 F Street NE., Washington, DC
20549; or send an email to: PRA_
Mailbox@sec.gov.
Dated: January 29, 2014.
Kevin M. O’Neill,
Deputy Secretary.
Proposed Collection; Comment
Request
[FR Doc. 2014–02248 Filed 2–3–14; 8:45 am]
BILLING CODE 8011–01–P
Extension:
Rule 204–2, OMB Control No. 3235–0278,
SEC File No. 270–215.
mstockstill on DSK4VPTVN1PROD with NOTICES
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Proposed Collection; Comment
Request
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) the Securities
and Exchange Commission (the
‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget (‘‘OMB’’) for
extension and approval.
The title for the collection of
information is ‘‘Rule 204–2’’ (17 CFR
275.204–2) under the Investment
Advisers Act of 1940 (15 U.S.C. 80b–1).
Rule 204–2 sets forth the requirements
for maintaining and preserving specified
books and records. The collection of
information under rule 204–2 is
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20:14 Feb 03, 2014
Jkt 232001
SECURITIES AND EXCHANGE
COMMISSION
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension:
Form ADV, OMB Control No. 3235–0049,
SEC File No. 270–39.
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) the Securities
and Exchange Commission (the
‘‘Commission’’) is soliciting comments
on the collections of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget (‘‘OMB’’) for
extension and approval.
PO 00000
Frm 00130
Fmt 4703
Sfmt 4703
The title for the collection of
information is ‘‘Form ADV’’ (17 CFR
279.1). Form ADV is the investment
adviser registration form and exempt
reporting adviser reporting form filed
electronically with the Commission
pursuant to rules 203–1 (17 CFR
275.203–1), 204–1 (17 CFR 275.204–1)
and 204–4 (17 CFR 275.204–4) under
the Investment Advisers Act of 1940 (15
U.S.C. 80b-1 et seq.) by advisers
registered with the Commission or
applying for registration with the
Commission or by exempt reporting
advisers filing reports with the
Commission. The information collected
takes the form of disclosures to the
adviser’s clients and potential clients.
The purpose of this collection of
information is to provide advisory
clients, prospective clients, and the
Commission with information about the
adviser, its business, its conflicts of
interest and personnel. Clients use
certain of the information to determine
whether to hire or retain an adviser.
The information collected provides
the Commission with knowledge about
the adviser, its business, its conflicts of
interest and personnel. The Commission
uses the information to determine
eligibility for registration with the
Commission and to manage its
regulatory, examination, and
enforcement programs.
Respondents to the collection of
information are investment advisers
registered with the Commission or
applying for registration with the
Commission or exempt reporting
advisers filing reports with the
Commission. The Commission estimates
that the total annual reporting and
recordkeeping burden of the collection
of information for each respondent is
11.42 hours.
Written comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology. Consideration will be given
to comments and suggestions submitted
in writing within 60 days of this
publication. An agency may not conduct
or sponsor a collection of information
unless it displays a currently valid OMB
control number. No person shall be
subject to any penalty for failing to
E:\FR\FM\04FEN1.SGM
04FEN1
]]>Agencies
[Federal Register Volume 79, Number 23 (Tuesday, February 4, 2014)]
[Notices]
[Pages 6659-6660]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02244]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
Proposed Collection; Comment Request
Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.
Extension:
Rule 203A-2(d), OMB Control No. 3235-0689, SEC File No. 270-630.
Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(the ``Commission'') is soliciting comments on the collections of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget (``OMB'') for extension and approval.
The title of the collection of information is: ``Exemption for
Certain Multi-State Investment Advisers (Rule 203A-2(d)).'' Its
currently approved OMB control number is 3235-0689. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.
Pursuant to section 203A of the Investment Advisers Act of 1940
(the ``Act'') (15 U.S.C. 80b-3a), an investment adviser that is
regulated or required to be regulated as an investment adviser in the
state in which it maintains its principal office and place of business
is prohibited from registering with the Commission unless that adviser
has at least $25 million in assets under management or advises a
Commission-registered investment company. Section 203A also prohibits
from Commission registration an adviser that: (i) Has assets under
management between $25 million and $100 million; (ii) is required to be
registered as an investment adviser with the state in which it
maintains its principal office and place of business; and (iii) if
registered, would be subject to examination as an adviser by that state
(a ``mid-sized adviser''). A mid-sized adviser that otherwise would be
prohibited may register with the Commission if it would be required to
register with 15 or more states. Similarly, Rule 203A-2(d) under the
Act (17 CFR 275.203a-2(d)) provides that the prohibition on
registration with the Commission does not apply to an investment
adviser that is required to register in 15 or more states. An
investment adviser relying on this exemption also must: (i) Include a
representation on Schedule D of Form ADV that the investment adviser
has concluded that it must register as an investment adviser with the
required number of states; (ii) undertake to withdraw from registration
with the Commission if the adviser indicates on an annual updating
amendment to Form ADV that it would be required by the laws of fewer
than 15 states to register as an investment adviser with the state; and
(iii) maintain in an easily accessible place a record of the states in
which the investment adviser has determined it would, but for the
exemption, be required to register for a period of not less than five
years from the filing of a Form ADV relying on the rule.
Respondents to this collection of information are investment
advisers required to register in 15 or more states absent the exemption
that rely on rule 203A-2(d) to register with the Commission. The
information collected under rule 203A-2(d) permits the Commission's
examination staff to determine an adviser's eligibility for
registration with the Commission under this exemptive rule and is also
necessary for the Commission staff to use in its examination and
oversight program. This collection of information is codified at 17 CFR
275.203a-2(d) and is mandatory to qualify for and maintain Commission
registration eligibility under rule 203A-2(d). Responses to the
recordkeeping requirements under rule 203A-2(d) in the context of the
Commission's examination and oversight program are generally kept
confidential.
The estimated number of investment advisers subject to the
collection of information requirements under the rule is 152. These
advisers will incur an average one-time initial burden of approximately
8 hours, and an average ongoing burden of approximately 8 hours per
year, to keep records sufficient to demonstrate that they meet the 15-
state threshold. These estimates are based on an estimate that each
year an investment adviser will spend approximately 0.5 hours creating
a record of its determination whether it must register as an investment
adviser with each of the 15 states required to rely on the exemption,
and approximately 0.5 hours to maintain these records. Accordingly, we
estimate that rule 203A-2(d) results in an annual aggregate burden of
collection for SEC-registered investment advisers of a total of 1,216
hours. Estimates of average burden hours are made solely for the
purposes of the Paperwork Reduction Act, and are not derived from a
comprehensive or even a representative
[[Page 6660]]
survey or study of the costs of Commission rules and forms.
Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
Please direct your written comments to Thomas Bayer, Chief
Information Officer, Securities and Exchange Commission, C/O Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549; or send an email
to: PRA_Mailbox@sec.gov.
Dated: January 29, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-02244 Filed 2-3-14; 8:45 am]
BILLING CODE 8011-01-P
