Rule 0-2 and Form ADV-NR under the Investment Advisers Act of 1940

Forms and Documents

Document Name	Status
Form SEC 2565 Rule 0-2 and Form ADV-NR Form	Modified
2022 Rule 0-2 ADV-NR Supporting Statement.pdf Supporting Statement A	2022-07-01

IC Document Collections

IC ID	Document Title	Status
34666	Rule 0-2 and Form ADV-NR Form	Modified

ICR Details

OMB Control No: 3235-0240	ICR Reference No: 202207-3235-002
Status: Received in OIRA	Previous ICR Reference No: 202004-3235-022
Agency/Subagency: SEC	Agency Tracking No: IM-270-214
Title: Rule 0-2 and Form ADV-NR under the Investment Advisers Act of 1940
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/12/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	09/30/2023
Responses	21	53
Time Burden (Hours)	21	53
Cost Burden (Dollars)	0	0

---

Abstract: Rule 0-2 and Form ADV-NR require consent to service of process to be furnished by non-resident general partners and non-resident managing agents of both SEC-registered investment advisers and exempt reporting advisers.

---

Authorizing Statute(s): US Code: 15 USC 80b Name of Law: Investment Advisers Act of 1940
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AM97	Final or interim final rulemaking	87 FR 11111	07/01/2022

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Rule 0-2 and Form ADV-NR	SEC 2565	Form ADV-NR

---

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	21	53	0	-32	0	0
Annual Time Burden (Hours)	21	53	0	-32	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: We estimate that the aggregated annual number of responses would be 21 responses, which is a decrease of 32 responses from the previously approved estimate of 53 responses. We estimate that the aggregate annual time burden would be 21 hours, which is a decrease of 32 hours from the previously approved estimate of 53 hours. We estimate that the aggregate annual monetized time burden would be $1,575, which is a decrease of $2,082 from the previously approved estimate of $3,657. The decreases appear to be due to using updated data, which show that less persons have filed Form ADV-NR. These changes in burden also reflect the Commission’s revision and update of burden estimates for all information collections under this OMB control number (whether or not associated with rulemaking changes), and the Commission requested public comment on all information collection burden estimates for this OMB control number.

---

Annual Cost to Federal Government: $0

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.     Yes

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

---

Common Form ICR:  No

---

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: 07/12/2022

---