82 FR 52351 - Submission for OMB Review; Comment Request
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 217 (November 13, 2017)
Federal Register Volume 82, Issue 217 (November 13, 2017)
| Page Range | 52351-52351 | |
| FR Document | 2017-24485 |
[Federal Register Volume 82, Number 217 (Monday, November 13, 2017)] [Notices] [Page 52351] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24485] [[Page 52351]] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION Submission for OMB Review; Comment Request Upon Written Request, Copies Available From: Securities and Exchange Commission Office of FOIA Services 100 F Street NE., Washington, DC 20549-2736 Extension: Rule 17a-7, SEC File No. 270-238, OMB Control No. 3235-0214 Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), the Securities and Exchange Commission (``Commission'') has submitted to the Office of Management and Budget a request for extension of the previously approved collection of information described below. Rule 17a-7 (17 CFR 270.17a-7) (the ``rule'') under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) (the ``Act'') is entitled ``Exemption of certain purchase or sale transactions between an investment company and certain affiliated persons thereof.'' It provides an exemption from section 17(a) of the Act for purchases and sales of securities between registered investment companies (``funds''), that are affiliated persons (``first-tier affiliates'') or affiliated persons of affiliated persons (``second-tier affiliates''), or between a fund and a first- or second-tier affiliate other than another fund, when the affiliation arises solely because of a common investment adviser, director, or officer. Rule 17a-7 requires funds to keep various records in connection with purchase or sale transactions effected in reliance on the rule. The rule requires the fund's board of directors to establish procedures reasonably designed to ensure that the rule's conditions have been satisfied. The board is also required to determine, at least on a quarterly basis, that all affiliated transactions effected during the preceding quarter in reliance on the rule were made in compliance with these established procedures. If a fund enters into a purchase or sale transaction with an affiliated person, the rule requires the fund to compile and maintain written records of the transaction.\1\ The Commission's examination staff uses these records to evaluate for compliance with the rule. --------------------------------------------------------------------------- \1\ The written records are required to set forth a description of the security purchased or sold, the identity of the person on the other side of the transaction, and the information or materials upon which the board of directors' determination that the transaction was in compliance with the procedures was made. --------------------------------------------------------------------------- While most funds do not commonly engage in transactions covered by rule 17a-7, the Commission staff estimates that nearly all funds have adopted procedures for complying with the rule.\2\ Of the approximately 3,243 currently active funds, the staff estimates that virtually all have already adopted procedures for compliance with rule 17a-7. This is a one-time burden, and the staff therefore does not estimate an ongoing burden related to the policies and procedures requirement of the rule for funds.\3\ The staff estimates that there are approximately 97 new funds that register each year, and that each of these funds adopts the relevant policies and procedures. The staff estimates that it takes approximately 4 hours to develop and adopt these policies and procedures. Therefore, the total annual burden related to developing and adopting these policies and procedures would be approximately 388 hours.\4\ --------------------------------------------------------------------------- \2\ Unless stated otherwise, these estimates are based on conversations with the examination and inspections staff of the Commission and fund representatives. \3\ Based on our reviews and conversations with fund representatives, we understand that funds rarely, if ever, need to make changes to these policies and procedures once adopted, and therefore we do not estimate a paperwork burden for such updates. \4\ This estimate is based on the following calculations: (4 hours x 97 new funds = 388 hours). --------------------------------------------------------------------------- Of the 3,243 existing funds, the staff assumes that approximately 25%, (or 811) enter into transactions affected by rule 17a-7 each year (either by the fund directly or through one of the fund's series), and that the same percentage (25%, or 24 funds) of the estimated 97 funds that newly register each year will also enter into these transactions, for a total of 835 \5\ companies that are affected by the recordkeeping requirements of rule 17a-7. These funds must keep records of each of these transactions, and the board of directors must quarterly determine that all relevant transactions were made in compliance with the company's policies and procedures. The rule generally imposes a minimal burden of collecting and storing records already generated for other purposes.\6\ The staff estimates that the burden related to making these records and for the board to review all transactions would be 3 hours annually for each respondent, (2 hours spent by compliance attorneys and 1 hour spent by the board of directors) \7\ or 2,505 total hours each year.\8\ --------------------------------------------------------------------------- \5\ This estimate is based on the following calculation: (811 + 24 = 835). \6\ Commission staff believes that rule 17a-7 does not impose any costs associated with record preservation in addition to the costs that funds already incur to comply with the record preservation requirements of rule 31a-2 under the Act. Rule 31a-2 requires companies to preserve certain records for specified periods of time. \7\ The staff estimates that funds that rely on rule 17a-7 annually enter into an average of 8 rule 17a-7 transactions each year. The staff estimates that the compliance attorneys of the companies spend approximately 15 minutes per transaction on this recordkeeping, and the board of directors spends a total of 1 hour annually in determining that all transactions made that year were done in compliance with the company's policies and procedures. \8\ This estimate is based on the following calculation: (3 hours x 835 companies = 2,505 hours). --------------------------------------------------------------------------- Based on these estimates, the staff estimates the combined total annual burden hours associated with rule 17a-7 is 2,893 hours.\9\ The staff also estimates that there are approximately 835 respondents and 6,680 total responses.\10\ --------------------------------------------------------------------------- \9\ This estimate is based on the following calculation: (388 hours + 2,505 hours = 2,893 total hours). \10\ This estimate is based on the following calculations: 835 funds that engage in rule 17a-7 transactions x 8 transactions per year = 6,680. --------------------------------------------------------------------------- The estimates of burden hours are made solely for the purposes of the Paperwork Reduction Act, and are not derived from a comprehensive or even a representative survey or study of the costs of Commission rules. The collection of information required by rule 17a-7 is necessary to obtain the benefits of the rule. Responses will not be kept confidential. 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 control number. The public may view the background documentation for this information collection at the following Web site, www.reginfo.gov. Comments should be directed to: (i) Desk Officer for the Securities and Exchange Commission, Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10102, New Executive Office Building, Washington, DC 20503, or by sending an email to: [email protected]; and (ii) Pamela Dyson, Director/Chief Information Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email to: [email protected]. Comments must be submitted to OMB within 30 days of this notice. Dated: November 7, 2017. Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017-24485 Filed 11-9-17; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Notices 52351
SECURITIES AND EXCHANGE examination staff uses these records to transactions would be 3 hours annually
COMMISSION evaluate for compliance with the rule. for each respondent, (2 hours spent by
While most funds do not commonly compliance attorneys and 1 hour spent
Submission for OMB Review; engage in transactions covered by rule by the board of directors) 7 or 2,505 total
Comment Request 17a–7, the Commission staff estimates hours each year.8
that nearly all funds have adopted Based on these estimates, the staff
Upon Written Request, Copies Available procedures for complying with the estimates the combined total annual
From: Securities and Exchange rule.2 Of the approximately 3,243 burden hours associated with rule 17a–
Commission Office of FOIA Services currently active funds, the staff 7 is 2,893 hours.9 The staff also
100 F Street NE., Washington, DC estimates that virtually all have already estimates that there are approximately
20549–2736 adopted procedures for compliance with 835 respondents and 6,680 total
Extension: rule 17a–7. This is a one-time burden, responses.10
Rule 17a–7, SEC File No. 270–238, OMB and the staff therefore does not estimate
an ongoing burden related to the The estimates of burden hours are
Control No. 3235–0214 made solely for the purposes of the
policies and procedures requirement of
the rule for funds.3 The staff estimates Paperwork Reduction Act, and are not
Notice is hereby given that, pursuant
that there are approximately 97 new derived from a comprehensive or even
to the Paperwork Reduction Act of 1995
funds that register each year, and that a representative survey or study of the
(44 U.S.C. 3501–3520), the Securities
each of these funds adopts the relevant costs of Commission rules. The
and Exchange Commission
policies and procedures. The staff collection of information required by
(‘‘Commission’’) has submitted to the
estimates that it takes approximately 4 rule 17a–7 is necessary to obtain the
Office of Management and Budget a
hours to develop and adopt these benefits of the rule. Responses will not
request for extension of the previously
policies and procedures. Therefore, the be kept confidential. An agency may not
approved collection of information
total annual burden related to conduct or sponsor, and a person is not
described below.
developing and adopting these policies required to respond to, a collection of
Rule 17a–7 (17 CFR 270.17a–7) (the information unless it displays a
‘‘rule’’) under the Investment Company and procedures would be approximately
388 hours.4 currently valid control number.
Act of 1940 (15 U.S.C. 80a–1 et seq.) The public may view the background
(the ‘‘Act’’) is entitled ‘‘Exemption of Of the 3,243 existing funds, the staff
assumes that approximately 25%, (or documentation for this information
certain purchase or sale transactions collection at the following Web site,
between an investment company and 811) enter into transactions affected by
rule 17a–7 each year (either by the fund www.reginfo.gov. Comments should be
certain affiliated persons thereof.’’ It directed to: (i) Desk Officer for the
provides an exemption from section directly or through one of the fund’s
series), and that the same percentage Securities and Exchange Commission,
17(a) of the Act for purchases and sales Office of Information and Regulatory
of securities between registered (25%, or 24 funds) of the estimated 97
funds that newly register each year will Affairs, Office of Management and
investment companies (‘‘funds’’), that Budget, Room 10102, New Executive
are affiliated persons (‘‘first-tier also enter into these transactions, for a
total of 835 5 companies that are affected Office Building, Washington, DC 20503,
affiliates’’) or affiliated persons of or by sending an email to: Shagufta_
affiliated persons (‘‘second-tier by the recordkeeping requirements of
rule 17a–7. These funds must keep Ahmed@omb.eop.gov; and (ii) Pamela
affiliates’’), or between a fund and a Dyson, Director/Chief Information
first- or second-tier affiliate other than records of each of these transactions,
and the board of directors must Officer, Securities and Exchange
another fund, when the affiliation arises Commission, c/o Remi Pavlik-Simon,
solely because of a common investment quarterly determine that all relevant
transactions were made in compliance 100 F Street NE., Washington, DC 20549
adviser, director, or officer. Rule 17a–7 or send an email to: PRA_Mailbox@
requires funds to keep various records with the company’s policies and
procedures. The rule generally imposes sec.gov. Comments must be submitted to
in connection with purchase or sale OMB within 30 days of this notice.
transactions effected in reliance on the a minimal burden of collecting and
rule. The rule requires the fund’s board storing records already generated for Dated: November 7, 2017.
of directors to establish procedures other purposes.6 The staff estimates that Eduardo A. Aleman,
reasonably designed to ensure that the the burden related to making these Assistant Secretary.
rule’s conditions have been satisfied. records and for the board to review all
[FR Doc. 2017–24485 Filed 11–9–17; 8:45 am]
The board is also required to determine, 2 Unless stated otherwise, these estimates are BILLING CODE 8011–01–P
at least on a quarterly basis, that all based on conversations with the examination and
affiliated transactions effected during inspections staff of the Commission and fund 7 The staff estimates that funds that rely on rule
the preceding quarter in reliance on the representatives. 17a–7 annually enter into an average of 8 rule 17a–
3 Based on our reviews and conversations with 7 transactions each year. The staff estimates that the
rule were made in compliance with
fund representatives, we understand that funds compliance attorneys of the companies spend
these established procedures. If a fund rarely, if ever, need to make changes to these approximately 15 minutes per transaction on this
enters into a purchase or sale policies and procedures once adopted, and recordkeeping, and the board of directors spends a
transaction with an affiliated person, the therefore we do not estimate a paperwork burden total of 1 hour annually in determining that all
rule requires the fund to compile and for such updates. transactions made that year were done in
4 This estimate is based on the following compliance with the company’s policies and
asabaliauskas on DSKBBXCHB2PROD with NOTICES
maintain written records of the
calculations: (4 hours × 97 new funds = 388 hours). procedures.
transaction.1 The Commission’s 5 This estimate is based on the following 8 This estimate is based on the following
calculation: (811 + 24 = 835). calculation: (3 hours × 835 companies = 2,505
1 The written records are required to set forth a 6 Commission staff believes that rule 17a–7 does hours).
9 This estimate is based on the following
description of the security purchased or sold, the not impose any costs associated with record
identity of the person on the other side of the preservation in addition to the costs that funds calculation: (388 hours + 2,505 hours = 2,893 total
transaction, and the information or materials upon already incur to comply with the record hours).
which the board of directors’ determination that the preservation requirements of rule 31a–2 under the 10 This estimate is based on the following
transaction was in compliance with the procedures Act. Rule 31a–2 requires companies to preserve calculations: 835 funds that engage in rule 17a–7
was made. certain records for specified periods of time. transactions × 8 transactions per year = 6,680.
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Document Created: 2017-11-10 01:18:24
Document Modified: 2017-11-10 01:18:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 82 FR 52351 |
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