Rule 17a-12, Reporting Requirements for OTC Derivatives Dealers

Forms and Documents

Document Name	Status
Form SEC 2430 Rule 17a-12; Reporting Requirements for OTC Derivatives Dealers. Form and Instruction	Removed
Form X-17A-5 Part III 2024 Amendment - Removal of oath or affirmation notarization requirement – Initial burden Form	New
Form X-17A-5 Part II 2024 Amendment - Filing FOCUS Report on SEC eFOCUS – Initial burden Form	New
Form X-17A-5 Part III 2024 Amendment - Amendments to FOCUS Report signature requirement – Initial burden Form	New
Form X-17A-5 Part II 2024 Amendment - Corrective and clarifying amendments to FOCUS Report Part II – Initial burden Form	New
Form X-17A-5 Part III 2024 Amendment - Filing annual audit in Inline XBRL – Ongoing burden Form	New
Form X-17A-5 Part III 2024 Amendment - Filing annual audit in Inline XBRL – Initial burden Form	New
Form X-17A-5 Part III Rule 17a-12 – Annual Audited Report and Supporting Schedules Form	New
Form X-17A-5 Part II Rule 17a-12/Form X-17A-5 Part II Form	New
Rule 17a-12 Supporting Statement (2025 Final Rule).pdf Supporting Statement A	2025-01-23

IC Document Collections

IC ID	Document Title	Status
35256	Rule 17a-12; Reporting Requirements for OTC Derivatives Dealers. Form and Instruction	Removed
273847	2024 Amendment - Removal of oath or affirmation notarization requirement – Initial burden Form	New
273846	2024 Amendment - Filing FOCUS Report on SEC eFOCUS – Initial burden Form	New
273845	2024 Amendment - Amendments to FOCUS Report signature requirement – Initial burden Form	New
273844	2024 Amendment - Corrective and clarifying amendments to FOCUS Report Part II – Initial burden Form	New
273843	2024 Amendment - Filing annual audit in Inline XBRL – Ongoing burden Form	New
273842	2024 Amendment - Filing annual audit in Inline XBRL – Initial burden Form	New
273840	Rule 17a-12 – Annual Audited Report and Supporting Schedules Form	New
273839	Rule 17a-12/Form X-17A-5 Part II Form	New
204890	Rule 17a-12 Professional Accountant Review Requirements	Removed

ICR Details

OMB Control No: 3235-0498	ICR Reference No: 202501-3235-024
Status: Received in OIRA	Previous ICR Reference No: 202407-3235-003
Agency/Subagency: SEC	Agency Tracking No: TM
Title: Rule 17a-12, Reporting Requirements for OTC Derivatives Dealers
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 06/12/2025

	Requested	Previously Approved
Expiration Date	11/30/2027	11/30/2027
Responses	33	6
Time Burden (Hours)	587	540
Cost Burden (Dollars)	143,500	138,900

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Abstract: Rule 17a-12 (17 CFR 240.17a-12) sets forth requirements for OTC derivatives dealers registered with the Commission to report financial and operational information to the Commission. Form X-17A-5IIB is the form used by OTC derivatives dealers to report this information, and the Commission uses the information to monitor compliance with its financial responsibility rules. 2025 PARTIAL REVISION: The Commission recently amended the rule and form to add an electronic filing requirement.

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Authorizing Statute(s): US Code: 15 USC 78a Name of Law: Securities Exchange Act of 1934
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AL85	Final or interim final rulemaking	90 FR 7250	01/21/2025

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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: 8

IC Title	Form No.	Form Name
2024 Amendment - Amendments to FOCUS Report signature requirement – Initial burden	X-17A-5 Part III	X-17A-5 Part III
2024 Amendment - Corrective and clarifying amendments to FOCUS Report Part II – Initial burden	X-17A-5 Part II	X-17A-5 Part II
2024 Amendment - Filing FOCUS Report on SEC eFOCUS – Initial burden	X-17A-5 Part II	X-17A-5 Part II
2024 Amendment - Filing annual audit in Inline XBRL – Initial burden	X-17A-5 Part III	X-17A-5 Part III
2024 Amendment - Filing annual audit in Inline XBRL – Ongoing burden	X-17A-5 Part III	X-17A-5 Part III
2024 Amendment - Removal of oath or affirmation notarization requirement – Initial burden	X-17A-5 Part III	X-17A-5 Part III
Rule 17a-12 Professional Accountant Review Requirements
Rule 17a-12 – Annual Audited Report and Supporting Schedules	X-17A-5 Part III	X-17A-5 Part III
Rule 17a-12/Form X-17A-5 Part II	X-17A-5 Part II	X-17A-5 Part II
Rule 17a-12; Reporting Requirements for OTC Derivatives Dealers.	SEC 2430	Form X-17A-5

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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	33	6	0	27	0	0
Annual Time Burden (Hours)	587	540	0	47	0	0
Annual Cost Burden (Dollars)	143,500	138,900	0	4,600	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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The Commission recently adopted amendments to Rule 17a-12 that would result in small increases to the hour and cost burdens. These are discussed in more detail in the attached Supporting Statement.

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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: 06/12/2025

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