[Federal Register Volume 60, Number 188 (Thursday, September 28, 1995)]
[Rules and Regulations]
[Pages 50091-50096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24032]



=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 200

[Release Nos. 33-7221; 34-36269; 35-26377; 39-2335; IA-1521; IC-21370]


Commission Records and Information; Incorporation by Reference

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Securities and Exchange Commission is updating its Records 
control schedule to identify new retention values for Commission 
records and to expand the availability of certain records for 
incorporation by reference into new filings.

EFFECTIVE DATE: October 30, 1995.

FOR FURTHER INFORMATION CONTACT: Wilson Butler, Associate Executive 
Director, Ann Sykes, Associate Director, or Suzanne McHugh, Records 
Officer, at (202) 942-8938, Office of Filings and Information Services, 
Securities and Exchange Commission, Operations Center, 6432 General 
Green Way, Alexandria, Virginia 22312.

SUPPLEMENTARY INFORMATION: The Commission is required to create records 
containing accurate and complete documentation of its organization, 
functions, policies, decisions, procedures, and essential transactions, 
and to dispose of such records in accordance with prescribed standards. 
44 U.S.C. 3102. The Commission's Records control schedule, at 17 CFR 
200.80(f), states how long the Commission retains records on-site or at 
the Federal Records Center pending disposition or transfer for 
permanent retention to the National Archives and Records Administration 
(``NARA'').\1\ The Commission is revising its Records control schedule 
to state new, NARA-approved administrative retention values for many 
Commission records.\2\ The schedule also has been reorganized, includes 
certain new records, and identifies obsolete records. In addition, 
since the retention values in the Records control schedule limit the 
availability of Commission records for incorporation by reference (see 
Rule 10(d) of Regulation S-K (17 CFR 229.10(d)),\3\ the amendment of 
the schedule also changes the length of time that records that 
previously have been filed with the Commission are available for 
incorporation by reference into new filings.\4\ Amending the Records 
control schedule is action with respect to a matter of agency 
management and a rule of agency organization, procedure, or practice 
within the meaning of the Administrative Procedure Act (5 U.S.C. 
553(a)(2) and (b)(A), respectively) and therefore is not subject to the 
Administrative Procedure Act's notice and comment requirement. For the 
same reason, these amendments also are not subject to the Regulatory 
Flexibility Act (5 U.S.C. 601-612).

    \1\ The Records control schedule does not cover the Commission's 
electronic records or its generally scheduled records pursuant to 36 
CFR 1228.44.
    \2\ The administrative retention value for a record is the 
length of time that NARA has authorized that it be retained by an 
agency for agency purposes.
    \3\ Until recently, rule 10 was rule 24 of the Commission's 
Rules of Practice. See Securities Exchange Act Release No. 34-35833 
(June 9, 1995). Rule 10 provides, in pertinent part, that no 
document on file with the Commission for more than five years may be 
incorporated by reference except: ... (b) documents that the 
registrant specifically identifies by physical location and by SEC 
file number reference, provided such materials have not been 
disposed of by the Commission pursuant to its Records control 
schedule at 17 CFR 200.80f (emphasis added). See also Rule 10(f) of 
Regulation S-B at 17 CFR 228.10(f).
    \4\ For example, a registrant now will be allowed to incorporate 
into a current year's annual report on Form 10-K an exhibit that was 
filed with the Commission up to thirty years ago, rather than a 
maximum of only ten years ago under current practice.
---------------------------------------------------------------------------

List of Subjects in 17 CFR Part 200

    Administrative practice and procedure; Reporting and recordkeeping 
requirements.

Text of the Amendment

    For the reasons set forth in the preamble, title 17, chapter II of 
the Code of Federal Regulations is amended as follows:

PART 200--ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND 
REQUESTS

    1. The general authority citation for Subpart D is revised to read 
as follows:

    Authority: 15 U.S.C. 77f(d), 77s, 77ggg(a), 78m(F)(3), 78w, 79t, 
79v(a), 77sss, 80a-37, 80a-44(c), 80a-44(b), 80b-10(a), 80b-11, and 
36 CFR 1228.10.
* * * * *
    2. Section 200.80f is revised to read as follows:


Sec. 200.80(f)  Appendix F--Records control schedule.

                                                                                                                                                        

[[Page 50092]]
----------------------------------------------------------------------------------------------------------------
                 File No.                                 Type of filing                     Retention period   
----------------------------------------------------------------------------------------------------------------
                                             Securities Act of 1933                                             
                                                                                                                
----------------------------------------------------------------------------------------------------------------
2-33.....................................  Registration statements and amendments        30 years.              
                                            thereto (Regulation C).                                             
2-33.....................................  Periodic reports (annual, quarterly,          30 years.              
                                            current, and proxy material).                                       
9-.......................................  Notice of proposed resale of restricted       21 years.              
                                            securities and resale of securities by                              
                                            control persons (Form 144).                                         
15-......................................  Notice of sale of securities pursuant to      6 years.               
                                            Rule 242 (Form 242). (Obsolete).                                    
18-......................................  Applications for exemption from section 5     10 years.              
                                            registration for interests or                                       
                                            participations issued in connection with                            
                                            Keogh Plans (section 3(a)(2)).                                      
19-......................................  Notice of sale of securities pursuant to      6 years.               
                                            section 4(6) of the Securities Act of 1933                          
                                            (Form 4(6)). (Obsolete).                                            
20-......................................  Offering sheets for oil or gas royalties--    15 years.              
                                            Regulation B (Schedules A, B, C).                                   
20-......................................  Reports of sale (accorded confidential        7 years.               
                                            treatment) (Form 1-G).                                              
20-......................................  Reports after termination of offering (Form   7 years.               
                                            3-G).                                                               
21-......................................  Notice of sale for offerings under            6 years.               
                                            Regulation D and section 4(6) (Form D).                             
24-......................................  Notification of exemption from registration   Until completion or    
                                            (Regulation A).                               termination of        
                                                                                          offering plus 10 years
                                                                                          or order of the       
                                                                                          Commission permanently
                                                                                          suspending exemption, 
                                                                                          whichever comes first.
29-......................................  Report of issuers of sale of securities       6 years.               
                                            deemed not to involve any public offering                           
                                            (Form 146). (Obsolete).                                             
92-......................................  Application for relief from disability        Until when final action
                                            (Regulation A).                               on appeal is taken    
                                                                                          plus 10 years.        
94-......................................  Notification of exemption for assessment or   10 years.              
                                            assessable stock (Regulation F).                                    
95-......................................  Notification of exemption for securities      Until completion or    
                                            issued by a small business investment         termination of        
                                            company (Regulation E).                       offering plus 5 years 
                                                                                          or until order of     
                                                                                          Commission permanently
                                                                                          suspending exemption, 
                                                                                          whichever comes first.
96-......................................  Application for relief from disability        Until final action on  
                                            (Regulation F).                               appeal is taken plus 5
                                                                                          years.                
98-......................................  Notice of proposed sale by non-controlling    6 years.               
                                            person of restricted securities of issuers                          
                                            which do not satisfy all of the conditions                          
                                            of Rule 144.                                                        
100-.....................................  Notification of exemption pursuant to Rule    6 years.               
                                            236.                                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                         Securities Exchange Act of 1934                                        
                                                                                                                
----------------------------------------------------------------------------------------------------------------
0-1......................................  Registration statements (sections 12(b) and   30 years.              
                                            12(g), exemptions thereunder).                                      
0-1......................................  Periodic reports (annual, quarterly, current  30 years.              
                                            and proxy materials).                                               
3-.......................................  Applications for continuance in membership    10 years.              
                                            and applications for review of disciplinary                         
                                            actions (self-regulatory organizations).                            
4-281....................................  Consolidated quotation system plan and        For as long as plan    
                                            amendments.                                   remains approved plus 
                                                                                          6 years.              
4-208....................................  Intermarket trading system plan and           For as long as plan    
                                            amendments.                                   remains approved plus 
                                                                                          6 years.              
5-.......................................  Acquisitions, tender offers and               20 years.              
                                            solicitations.                                                      
6-.......................................  Reports of beneficial ownership of            6 years.               
                                            securities (Forms 3, 4, & 5).                                       
7-.......................................  Applications for permission to extend         10 years.              
                                            unlisted trading privileges and related                             
                                            applications pursuant to Rule 12(f).                                
8-.......................................  Applications for registration as broker,      For as long as broker- 
                                            dealer, municipal securities broker, or       dealer is registered  
                                            government securities broker or dealer and    with the Commission   
                                            related reports.                              plus 50 years.        
8-00-2A..................................  Annual audit report (fiscal or calendar year  For as long as broker- 
                                            basis) (Form X-17A-5). (Non-public)           dealer is registered  
                                            Supplemental report detailing Securities      with the Commission   
                                            Investor Protection Corporation assessment    plus 13 years.        
                                            payment or overpayments (Rule 17a-5). (Non-                         
                                            public).                                                            
8-00-2A-19...............................  Reports of changes in membership of any of    For as long as broker- 
                                            its members required of national securities   dealer is registered  
                                            exchanges and registered national             with the Commission   
                                            securities associations (Form X-17A-19).      plus 6 years.         
                                            (Public).                                                           
8-00-3X..................................  Examination/inspection reports of brokers                            
                                            and dealers, investment companies and                               
                                            investment advisors                                                 
                                             1. Exam reports:                                                   
                                               a. Home Office..........................  13 years.              
                                               b. Regional Offices.....................  13 years.              
                                             2. Exam workpapers........................  13 years.              

[[Page 50093]]
                                                                                                                
8-00-9...................................  Uniform application for securities and        For as long as broker- 
                                            commodities industry representative and/or    dealer is registered  
                                            agent; certification for associated persons   with the Commission   
                                            engaged in securities activities outside      plus 50 years.        
                                            the jurisdiction of the United States;                              
                                            annual assessment form for registered                               
                                            brokers and dealers not members of a                                
                                            registered national securities association                          
                                            (Forms U-4, SECO 2-F, SECO-4, 5).                                   
8-2A10...................................  Annual report of revenue and expenses filed   10 years.              
                                            by exchange members, brokers and dealers                            
                                            (Form X-17A-10). (Obsolete).                                        
8-2A12...................................  Report by registered brokers and dealers who  6 years.               
                                            are over-the-counter market makers in any                           
                                            OTC margin securities (Form X-17A-12).                              
8-2A16(1), -2A16(2)......................  Notification by qualified market makers at    6 years.               
                                            least five business days before such broker-                        
                                            dealers obtain third market maker exempt                            
                                            credit pursuant to Regulation U; and                                
                                            quarterly report by broker and dealer, who                          
                                            during a calendar quarter is or has been                            
                                            qualified as a third market maker (Forms X-                         
                                            17A-16(1); X-17A-16(2)) (Obsolete).                                 
8-2A17...................................  Quarterly report filed by every broker-       6 years.               
                                            dealer block positioner who has filed a                             
                                            notice pursuant to paragraph (a) of Rule                            
                                            17a-17 (Form X-17A-17) (Obsolete).                                  
10-......................................  Applications by an exchange for registration  For as long as exchange
                                            as a national securities exchange.            is registered with the
                                                                                          Commission plus 6     
                                                                                          years.                
13-......................................  Applications for listing securities on an     10 years.              
                                            exempted exchange, periodic reports.                                
14-......................................  Annual reports of issuers having securities   10 years.              
                                            listed on an exempted exchange.                                     
16-......................................  Application for registration as a national    For as long as         
                                            securities association or affiliated          association is        
                                            securities associations.                      registered with the   
                                                                                          Commission plus 6     
                                                                                          years.                
17-......................................  Reports on stabilizing activities (Form X-    6 years.               
                                            17A-1). (Obsolete).                                                 
23-......................................  Applications for exemption pursuant to        Until closed plus 6    
                                            paragraph (g) of Rule 11Aa3-1.                years.                
26-......................................  Plans by exchanges authorizing payment of     For as long as exchange
                                            special commission in connection with a       is registered with the
                                            distribution of securities on exchanges       Commission plus 50    
                                            (Rule 10b-2(d)).                              years.                
27-......................................  Applications for exemption from section       10 years.              
                                            13(f).                                                              
28-......................................  Reports by institutional investment managers  4 years.               
                                            of information with respect to accounts                             
                                            over which they exercise discretion. (Form                          
                                            13F).                                                               
80-......................................  Annual and supplemental reports of Municipal  Indefinitely           
                                            Securities Rulemaking Board (Rule 17a-21).    (contingent).         
81-......................................  Exemptions from registration under section    10 years.              
                                            12(g).                                                              
82-......................................  Exemptions--American depositary receipts....  10 years.              
83-1.....................................  Periodic reports and related correspondence   3 years.               
                                            by the Inter-American Development Bank.                             
83-2.....................................  Periodic reports by the Asian Development     3 years.               
                                            Bank.                                                               
84-......................................  Application for registration as a transfer    For as long as transfer
                                            agent (non-bank) and amendments thereto.      agent is registered   
                                                                                          with the Commission   
                                                                                          plus 50 years.        
85-......................................  Application for registration as a transfer    For as long as transfer
                                            agent (bank) and amendments thereto (Form     agent is registered   
                                            TA-1).                                        with the Commission   
                                                                                          plus 50 years.        
86-......................................  Application for registration as a municipal   For as long as         
                                            securities dealer which is a bank or          municipal securities  
                                            separately identifiable department or         dealer is registered  
                                            division of a bank (Form MSD).                with the Commission   
                                                                                          plus 50 years.        
87-......................................  Application for registration as a securities  For as long as         
                                            information processor and amendments          securities information
                                            thereto (Form SIP).                           processor is          
                                                                                          registered with the   
                                                                                          Commission plus 50    
                                                                                          years.                
88-......................................  Application for exemption as a securities     For as long as         
                                            information processor correspondence.         securities information
                                                                                          processor is          
                                                                                          registered with the   
                                                                                          Commission plus 50    
                                                                                          years.                
89-......................................  Waiver for foreign issuers furnished by       10 years.              
                                            American depositary receipts; waiver of                             
                                            information furnished by American                                   
                                            depositary receipts regarding foreign                               
                                            issuers for Form F-6; waiver of Rule 12g3-                          
                                            2(b) reporting requirements, annual reports                         
                                            to shareholders, F-6 waiver, proxy.                                 
89-......................................  Other waivers for foreign issuers furnished   3 years.               
                                            by American depositary receipts..                                   
128-8....................................  Reports of disciplinary actions by stock      6 years.               
                                            exchanges (Rule 19d-1).                                             
205-3c...................................  Reports of disciplinary actions by NASD       6 years.               
                                            (Rule 19d-1).                                                       
500-.....................................  Suspension of trading of securities other     10 years.              
                                            than on a national securities exchange.                             
600-.....................................  Applications for registration as a (non-      For as long as clearing
                                            bank) clearing agency; amendments thereto.    agency is registered  
                                                                                          with the Commission   
                                                                                          plus 50 years.        
600-9....................................  Reports of disciplinary actions by clearing   6 years.               
                                            agencies (Rule 19d-1).                                              

[[Page 50094]]
                                                                                                                
601-.....................................  Applications for exemption from registration  For as long as clearing
                                            as a (non-bank) clearing agency.              agency has reporting  
                                                                                          requirements with the 
                                                                                          Commission plus 20    
                                                                                          years.                
SR.......................................  Proposed rule changes and notice as to        For as long as self-   
                                            stated policies and interpretations by self-  regulatory            
                                            regulatory organizations.                     organization is       
                                                                                          registered with the   
                                                                                          Commission plus 6     
                                                                                          years.                
XX.......................................  Reports for missing, lost or counterfeit      Indefinitely.          
                                            securities (Form X-17F-1A).                                         
----------------------------------------------------------------------------------------------------------------
                                   Public Utility Holding Company Act of 1935                                   
                                                                                                                
----------------------------------------------------------------------------------------------------------------
12-......................................  Statements pursuant to section 12(i) by       2 years.               
                                            persons employed or retained by a                                   
                                            registered holding company or subsidiary                            
                                            thereof (Forms U-12(I)-A & B).                                      
30-......................................  Notification and registration by public       For as long as holding 
                                            utility holding companies, annual             company has reporting 
                                            supplements.                                  requirements with the 
                                                                                          Commission plus 10    
                                                                                          years.                
31-......................................  Statement of exemption from the Act by        For as long as company 
                                            Commission order.                             relies on exemption   
                                                                                          plus 10 years.        
32-......................................  Exemption of purchaser, assignee, etc. of     Until lease is         
                                            leased facilities (Form U7D).                 terminated or         
                                                                                          cancelled plus 5      
                                                                                          years.                
33-1.....................................  Annual statement by banks holding public      2 years.               
                                            utility securities but claiming exemption                           
                                            under Rule 3.                                                       
34-......................................  Annual statement by banks holding public      2 years.               
                                            utility securities but claiming exemption                           
                                            under Rule 3 (Form U-3A3-1).                                        
37-......................................  Applications and declarations for             For as long as service 
                                            authorization of service companies (Form U-   company is part of a  
                                            13-1).                                        registered holding    
                                                                                          company plus 5 years. 
38-......................................  Statement under Rule 70(a)(1) executed by     For as long as officer/
                                            financial authorizing representative to       director serves plus 3
                                            serve as officer/director of holding          years.                
                                            company, filed by representative.                                   
40-......................................  Certificates of notification by registered    3 years.               
                                            holding companies and subsidiaries of                               
                                            security issues exempted from section 6(a)                          
                                            by section 6(b) or exempt under Rule 47(b)                          
                                            and not the subject of an order of the                              
                                            Commission (Form U-6B-2).                                           
49-......................................  Annual report by mutual and subsidiary        For as long as service 
                                            service companies (Form U-13-60).             company is part of a  
                                                                                          registered holding    
                                                                                          company system plus 15
                                                                                          years.                
50-......................................  Order granting or withdrawing exemptions      Until close plus 3     
                                            from rules and related correspondence.        years.                
52-......................................  Application for approval or reorganization    Until closed plus 3    
                                            under section 11(f).                          years.                
54-......................................  Divestment of securities, assets or control   Until closed plus 3    
                                            (section 11(e)).                              years.                
55-......................................  Application for approval of fees incurred in  Until closed plus 3    
                                            connection with plan under section 11(f).     years.                
59-......................................  Simplification of corporate structure,        Until closed plus 3    
                                            sections 11(b) (1) and (2).                   years.                
62-......................................  Report by an affiliate service company or     For as long as service 
                                            one engaged principally in the performance    company is part of a  
                                            of services (Form U-13E-1).                   registered holding    
                                                                                          company system plus 4 
                                                                                          years.                
68-......................................  Declaration with respect to solicitations     10 years.              
                                            regarding reorganizations of registered                             
                                            holding companies or subsidiaries subject                           
                                            to Rule 62 (Form U-R-1).                                            
69-......................................  Annual statements by holding companies        2 years.               
                                            claiming exemption pursuant to Rule 2                               
                                            (intrastate or predominantly operating                              
                                            companies (Form U-3A-2).                                            
70-......................................  Applications and declarations pursuant to     Until closed plus 3    
                                            sections 6(b), 7, 9, 9(c)(3), 10, 12(b),      years.                
                                            12(c), 12(d), 12(f) and applicable rules                            
                                            thereunder (Form U-1).                                              
72-......................................  Report of communication with stockholders...  2 years.               
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                           Trust Indenture Act of 1939                                          
                                                                                                                
----------------------------------------------------------------------------------------------------------------
22-......................................  Statements of eligibility and qualification   Until indenture is     
                                            of corporations or individuals as trustees    terminated or         
                                            under qualified indenture under which debt    cancelled plus 30     
                                            security has been or is to be issued and      years.                
                                            exemptions thereto.                                                 
25-......................................  Applications relative to affiliations         Until applicable       
                                            between trustees and underwriters (Rule 10b-  indenture is          
                                            3).                                           terminated or         
                                                                                          cancelled plus 33     
                                                                                          years.                
93-......................................  Reports of indenture trustee to indenture     1 year.                
                                            security holders with respect to                                    
                                            eligibility and qualification under Section                         
                                            310.                                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------

[[Page 50095]]
                                                                                                                
                                         Investment Advisers Act of 1940                                        
                                                                                                                
----------------------------------------------------------------------------------------------------------------
801-.....................................  Application for registration as investment    For as long as         
                                            adviser and related correspondence.           investment adviser is 
                                                                                          registered with the   
                                                                                          Commission plus 9     
                                                                                          years.                
803-.....................................  Application for exemption from registered     For as long as         
                                            and other relief.                             investment adviser    
                                                                                          conducts business     
                                                                                          under an exemption    
                                                                                          plus 6 years.         
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                         Investment Company Act of 1940                                         
                                                                                                                
----------------------------------------------------------------------------------------------------------------
90-......................................  Notice of sales of securities by closed-end   6 years.               
                                            issuers (issuers with 100 or less                                   
                                            beneficial owners) other than investment                            
                                            companies, registered or required to be                             
                                            registered.                                                         
811-.....................................  Notifications and registration statements...  For as long as         
                                                                                          registrant is         
                                                                                          registered with the   
                                                                                          Commission plus 30    
                                                                                          years.                
811-.....................................  Periodic reports (annual, quarterly, semi-    10 years.              
                                            annual, proxy material).                                            
812-.....................................  Applications for exemption and other relief.  10 years.              
812-.....................................  Application by foreign management investment  For as long as         
                                            companies for order permitting registration.  registrant has        
                                                                                          reporting requirement 
                                                                                          with the Commission   
                                                                                          plus 33 years.        
813-.....................................  Applications for exemption of an employee's   For as long as         
                                            security company (Section (b)).               registrant has        
                                                                                          reporting requirement 
                                                                                          with the Commission   
                                                                                          plus 33 years.        
814-.....................................  Notice of intent to elect to be subject to    2 years from filing    
                                            sections 55 and 65.                           date.                 
814-.....................................  Notification of withdrawal of election to be  2 years from filing    
                                            subject to sections 55 through 65.            date.                 
814-.....................................  Notification of election to be subject to     30 years or for as long
                                            sections 55 through 65.                       as a class of the     
                                                                                          issuer's equity       
                                                                                          securities is         
                                                                                          registered under the  
                                                                                          Securities Exchange   
                                                                                          Act of 1934 plus 10   
                                                                                          years, whichever comes
                                                                                          first.                
816-.....................................  Request for advisory report re                6 years.               
                                            reorganization of registered investment                             
                                            company (17 CFR 270.02), and related                                
                                            correspondence.                                                     
817-.....................................  Report of repurchase of securities by closed- 6 years.               
                                            end investment company.                                             
818-.....................................  Sales literature regarding securities of      6 years.               
                                            certain investment companies.                                       
819-.....................................  Statement of the Federal Savings and Loan     6 years.               
                                            Corporation relating to the exemption of                            
                                            certain issuers.                                                    
820-.....................................  Reports showing that companies have complied  6 years.               
                                            with requirements of the rule in purchasing                         
                                            new issues of securities from underwriters.                         
821-.....................................  Reports by registered small business          10 years from date of  
                                            investment companies and affiliated banks,    such action(s).       
                                            with respect to investments.                                        
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                         Miscellaneous Files and Reports                                        
                                                                                                                
----------------------------------------------------------------------------------------------------------------
3-.......................................  Disciplinary proceedings (broker-dealer and   25 years.              
                                            investment adviser).                                                
3-.......................................  Administrative proceeding stop orders.......  For as long as         
                                                                                          registrant has        
                                                                                          reporting requirement 
                                                                                          with the Commission   
                                                                                          plus 30 years.        
4-.......................................  102(e) proceedings (previously 2(e)           25 years.              
                                            proceedings) (chaned to 3-).                                        
4-.......................................  Miscellaneous studies, general conferences,   25 years.              
                                            roundtable, etc., authorized by the                                 
                                            Commission.                                                         
111-.....................................  Federal government agencies miscellaneous     30 years.              
                                            correspondence.                                                     
119-.....................................  Securities violation files (information       Until date of last     
                                            regarding persons against whom actions were   reported action plus  
                                            reported on charges of violating state or     10 years.             
                                            federal laws in the purchase and sale of                            
                                            securities.                                                         
122-2....................................  Members of Congress (inquiries relating to    1 year after expiration
                                            various subjects).                            of term in office.    
122-3....................................  Correspondence and other materials between    30 years.              
                                            the various Senate Committees and the                               
                                            Commission.                                                         
122-4....................................  Correspondence and other materials between    30 years.              
                                            the various House Committees and the                                
                                            Commission.                                                         
122-6....................................  Correspondence and other materials between    30 years.              
                                            Congressional Commissions and Joint                                 
                                            Committees and the Commission.                                      
123-13...................................  Correspondence relating to the development    30 years.              
                                            of a Canadian Extradition Treaty.                                   
124-.....................................  Stock exchanges (General Correspondence)....  For as long as exchange
                                                                                          is registered with the
                                                                                          Commission.           
124-1....................................  Legislation and Laws: Drafts and comments     30 years.              
                                            concerning suggested amendments to the                              
                                            various Acts administered by the Commission.                        
124-6                                                                                                           

[[Page 50096]]
                                                                                                                
124-11                                                                                                          
124-20                                                                                                          
124-7, 124-7a............................  Subject files--Drafts, comments and           30 years.              
                                            correspondence concerning proposed                                  
                                            legislation submitted by the Senate and the                         
                                            House to the Commission for comment.                                
124-7b...................................  Drafts of bills not yet reported in Congress  30 years.              
                                            that are submitted to the Commission for                            
                                            comment.                                                            
132-3....................................  General Correspondence--Active companies.     10 years.              
                                            Inquiries and complaints concerning                                 
                                            companies registered under the various Acts                         
                                            administered by the Commission.                                     
132-3....................................  General Correspondence--Inactive companies    6 years.               
                                            (no longer required to file reports with                            
                                            the Commission). Inquiries and complaints                           
                                            concerning companies registered under the                           
                                            various Acts administered by the Commission.                        
132-3....................................  General Correspondence--Miscellaneous.        6 years.               
                                            Requests for interpretation of rules and                            
                                            regulations under the Acts administered by                          
                                            the Commission.                                                     
140-.....................................  Drafts, internal memoranda, correspondence    30 years.              
                                            concerning rules and regulations under each                         
                                            of the Acts administered by the Commission.                         
206-, 207- to 215-, 917-.................  Reorganization proceedings under Chapters     30 years.              
                                            IX, X, XI of the Bankruptcy Act in which                            
                                            the Commission participates.                                        
265-.....................................  Advisory Committees established by the        30 years.              
                                            Commission (correspondence, questionnaires,                         
                                            reports).                                                           
Confidential treatment materials.........  Periodic reports and other materials          10 years.              
                                            containing contracts, commercial and                                
                                            financial information, disclosure of which                          
                                            would impair the value thereof, submitted                           
                                            under confidential cover.                                           
CHR......................................  SEC Chairman's Subject Case Files...........  20 years.              
CHR......................................  SEC Chairman's Chronological Files for        Chairman's tenure in   
                                            Period 1972 to Present.                       office plus 3 years.  
CHR......................................   SEC Chairman's General Subject File........  Chairman's tenure in   
                                                                                          office plus 3 years.  
COMM.....................................   SEC Commissioners' Files (excluding          Commissioner's tenure  
                                            Chairman), 1934 to Present.                   in office plus 1 year.
ENF......................................  Investigative Case Files--Closed............  Until closed plus 25   
                                                                                          years.                
ENF......................................  Investigative Case Files--Inactive..........  Until inactive plus 25 
                                                                                          years.                
LIT......................................  Litigation files:                             .......................
                                             1. Briefs.................................  25 years.              
                                             2. File contents other than briefs........  10 years.              
S7.......................................  Issuance, amendment or rescission of rules    30 years (permanent).  
                                            under the various Acts--public comments and                         
                                            views, transcript of hearings,                                      
                                            correspondence.                                                     
XX.......................................  Reports of internal inquiries:                .......................
                                             1. Supporting documentation...............  Until date of final    
                                                                                          action plus 5 years,  
                                                                                          if no report is       
                                                                                          issued, or until date 
                                                                                          of final report plus 5
                                                                                          years.                
                                             2. Final reports..........................  5 years.               
----------------------------------------------------------------------------------------------------------------


    By the Commission.

    Dated: September 22, 1995.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 95-24032 Filed 9-27-95; 8:45 am]
BILLING CODE 8010-10-M