Rule 489 (17 CFR 230.489) under the Securities Act of 1933 and Form F-N

Forms and Documents

Document Name	Status
Form SEC 2306 Rule 489 (17 CFR 230.489) under the Securities Act of 1933 and Form F-N Form and Instruction	Modified
3235-0411.pdf Supplementary Document	2023-12-21
3235-0411.pdf Supplementary Document	2023-12-21
Supporting Statement Rule 489 and Form F-N (2023).pdf Supporting Statement A	2023-08-11

IC Document Collections

IC ID	Document Title	Status
44224	Rule 489 (17 CFR 230.489) under the Securities Act of 1933 and Form F-N Form and Instruction	Modified

ICR Details

OMB Control No: 3235-0411	ICR Reference No: 202308-3235-009
Status: Received in OIRA	Previous ICR Reference No: 202012-3235-007
Agency/Subagency: SEC	Agency Tracking No: IM 270-361
Title: Rule 489 (17 CFR 230.489) under the Securities Act of 1933 and Form F-N
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/21/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	05/31/2024
Responses	25	27
Time Burden (Hours)	25	27
Cost Burden (Dollars)	2,050	1,917

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Abstract: Rule 489 requires certain entities that are exempted from the definition of investment company by virtue of Rules 3a-1, 3a-5, and 3a-6 under the Investment Company Act of 1940 to file Form F-N to appoint a United States agent for service of process when making a public offering of securities in the United States.

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Authorizing Statute(s): US Code: 15 USC 77a et seq. 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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 71621	10/17/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 88427	12/21/2023
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 489 (17 CFR 230.489) under the Securities Act of 1933 and Form F-N	SEC 2306	Form F-N

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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	25	27	0	0	-2	0
Annual Time Burden (Hours)	25	27	0	0	-2	0
Annual Cost Burden (Dollars)	2,050	1,917	0	0	133	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 hourly burden associated with rule 489 and Form F-N has changed from 27 to 25 hours (a change of 2 hours). The is due to a change in the estimated number of responses per year.

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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.     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: 12/21/2023

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