Exchange Act Form 10-K

Forms and Documents

Document Name	Status
Form SEC 1673 Exchange Act Form 10-K Form and Instruction	Modified
Form 10-K SRC Release 33-8876 (04-07-09).doc Supporting Statement A	2009-04-07

IC Document Collections

IC ID	Document Title	Status
34213	Exchange Act Form 10-K Form and Instruction	Modified

ICR Details

OMB Control No: 3235-0063	ICR Reference No: 200901-3235-002
Status: Historical Active	Previous ICR Reference No: 200701-3235-036
Agency/Subagency: SEC	Agency Tracking No: CF-270-48
Title: Exchange Act Form 10-K
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 04/07/2009
	Date Received in OIRA: 02/09/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2012	36 Months From Approved	04/30/2009
Responses	13,545	0	10,041
Time Burden (Hours)	21,337,939	0	17,299,422
Cost Burden (Dollars)	2,845,058,500	0	2,306,589,600

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Abstract: Form 10-K is filed by issuers of securities to satisfy their annual report obligations pursuant to Sections 13 and 15(d) of the Exchange Act.

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Authorizing Statute(s): US Code: 15 USC 77f, 77g, 77s(a0 Name of Law: Securities Act of 1933
   US Code: 15 USC 78l, 78m, 78n(a), 78o(d) Name of Law: Securities Exchange Act of 1934
   US Code: 15 USC 78w(a) Name of Law: Securities Exchange Act of 1934
   US Code: 15 USC 77sss Name of Law: Trust Indenture Act of 1939
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AJ86	Final or interim final rulemaking	73 FR 934	01/04/2008

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Federal Register Notices & Comments

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
Exchange Act Form 10-K	SEC 1673	Form 10-K

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ICR Summary of Burden

	Total Approved	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	13,545	10,041	0	3,504	0	0
Annual Time Burden (Hours)	21,337,939	17,299,422	0	4,038,517	0	0
Annual Cost Burden (Dollars)	2,845,058,500	2,306,589,600	0	538,468,900	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The amendments will consolidate two annual reports (Form 10-K and 10-KSB) into one annual report (Form 10-K). Form 10-KSB is a special annual report filed only by small business issuers. Form 10-KSB requires less disclosure than Form 10-K. The amendments require all issuers, including small issuers, to file Form 10-K, but allow small issuers to provide less disclosure on Form 10-K than larger issuers (the same level of disclosure that they provided in Form 10-KSB). Also, we estimate that 790 companies that weren’t eligible to file on Form 10-KSB, but that meet a new definition of “smaller reporting company” included in the amendments, will provide less disclosure on Form 10-K than they previously were required to provide in Form 10-K. Due to the elimination of Form 10-KSB, the amendments will increase the number of Form 10-K filers and filings by 3,504. The burden hours for Form 10-K will increase by 4,038,517 hours and the cost will increase by $538,468,900. Overall, though, the result of consolidating Form 10-K and Form 10-KSB and allowing more companies to provide less disclosure (i.e, all companies that meet the new definition of a “smaller reporting company”) is to reduce the annual reporting burden by 2,092,231 hours and the cost by $378,964,263.

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Annual Cost to Federal Government: $70,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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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: 02/09/2009

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