Rule 17a-8 of the Investment Company Act of 1940; Mergers of affiliated companies

Forms and Documents

Document Name	Status
Supporting_Statement_-_17a-8[1].pdf Supporting Statement A	2013-07-12
Section 17.doc Supplementary Document	2010-05-12

IC Document Collections

IC ID	Document Title	Status
34648	Rule 17a-8 of the Investment Company Act of 1940; Mergers of affiliated companies	Modified

ICR Details

OMB Control No: 3235-0235	ICR Reference No: 201304-3235-015
Status: Historical Active	Previous ICR Reference No: 201005-3235-010
Agency/Subagency: SEC	Agency Tracking No: IM-270-225
Title: Rule 17a-8 of the Investment Company Act of 1940; Mergers of affiliated companies
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/20/2013
	Date Received in OIRA: 07/12/2013
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2016	36 Months From Approved	08/31/2013
Responses	736	0	610
Time Burden (Hours)	5,152	0	4,270
Cost Burden (Dollars)	1,500,000	0	1,200,000

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Abstract: Rule 17a-8 exempts certain mergers or consolidations involving funds from the restrictions on transactions between affiliates set forth in Section 17(a) of the Investment Company Act, while requiring the merging funds to meet certain conditions to protect the interests of each fund and its shareholders.

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Authorizing Statute(s): US Code: 15 USC 80a-6(c) Name of Law: Investment Company Act of 1940
   US Code: 15 USC 80a-37(a) 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:
	78 FR 6364	01/30/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 20698	04/08/2013
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 17a-8 of the Investment Company Act of 1940; Mergers of affiliated companies

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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	736	610	0	0	126	0
Annual Time Burden (Hours)	5,152	4,270	0	0	882	0
Annual Cost Burden (Dollars)	1,500,000	1,200,000	0	0	300,000	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 burden of rule 17a-8 increased by 882 hours from the prior estimate of 4,270 hours. This increase reflects a change in the estimated number of funds relying on rule 17a-8. The increase in costs from $1,200,000 to $1,500,000 (an increase of $300,000) associated with relying on the rule reflects adjustments we made based on discussions with representatives of fund complexes about their experiences in relying on rule 17a-8.

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Annual Cost to Federal Government: $0

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]? 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? 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: 07/12/2013

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