Rule 433

Forms and Documents

Document Name	Status
Rule 433 Supporting Statement.Final.04-21-2021.pdf Supporting Statement A	2021-04-21

IC Document Collections

IC ID	Document Title	Status
43054	Rule 433	Modified

ICR Details

OMB Control No: 3235-0617	ICR Reference No: 202104-3235-018
Status: Received in OIRA	Previous ICR Reference No: 202101-3235-016
Agency/Subagency: SEC	Agency Tracking No: CF-270-558
Title: Rule 433
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 04/28/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	12/31/2023
Responses	24,071	19,971
Time Burden (Hours)	47,391	6,391
Cost Burden (Dollars)	21,444,800	7,668,800

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Abstract: Rule 433 governs the use and filing of free writing prospectuses under the Securities Act of 1933.

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Authorizing Statute(s): US Code: 15 USC 78m, 78w, 78ll Name of Law: Securities Exchange Act of 1934
   US Code: 15 USC 80a-8, 80a-24, 80a-29 Name of Law: Investment Company Act of 1940
   US Code: 15 USC 80a-37 Name of Law: Investment Company Act of 1940
   US Code: 15 USC 77s Name of Law: Securities Act of 1933
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AM52	Proposed rulemaking	85 FR 70716	11/05/2020

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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
Rule 433

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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	24,071	19,971	0	4,100	0	0
Annual Time Burden (Hours)	47,391	6,391	0	41,000	0	0
Annual Cost Burden (Dollars)	21,444,800	7,668,800	0	13,776,000	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: We are proposing to amend rule 433 to require a registered closed-end fund or BDC free writing prospectus to comply with the proposed content, presentation, and timeliness requirements of proposed rule 482, as applicable, if the free writing prospectus includes fee and expense information. As a result, regardless of whether a registered closed-end fund or BDC advertisement uses rule 482 or rule 433, the advertisement would be subject to the same requirements regarding fee and expense information. Compliance with the requirements of rule 433 is mandatory and the responses to the information collections would not be kept confidential. For purposes of the PRA, we estimate that the amendments related to Rule 433 will result in a net increase of 41,000 burden hours and a net increase in the cost burden of $13,776,000 for the services of outside professionals.

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Annual Cost to Federal Government: $103,479,690

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: 04/28/2021

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