[Federal Register Volume 84, Number 88 (Tuesday, May 7, 2019)]
[Notices]
[Pages 19977-19978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09288]
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SECURITIES AND EXCHANGE COMMISSION
[SEC File No. 270-561, OMB Control No. 3235-0634, Request for a New OMB
Control No.]
Submission for OMB Review; Comment Request
Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736
Extension:
Rule 607
Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collection of information summarized below. The Commission plans to
submit this existing collection of information to the Office of
Management and Budget for extension and approval.
Regulation E (17 CFR 230.601 to 230.610a) exempts from registration
under the Securities Act of 1933 (15 U.S.C. 77a et seq.) (``Securities
Act'') securities issued by a small business investment company
(``SBIC'') which is registered under the Investment Company Act of 1940
(15 U.S.C. 80a-1 et seq.) (``Investment Company Act'') or a closed-end
investment company that has elected to be regulated as a business
development company (``BDC'') under the Investment Company Act, so long
as the aggregate offering price of all
[[Page 19978]]
securities of the issuer that may be sold within a 12-month period does
not exceed $5,000,000 and certain other conditions are met. Rule 607
under Regulation E (17 CFR 230.607) entitled, ``Sales material to be
filed,'' requires sales material used in connection with securities
offerings under Regulation E to be filed with the Commission at least
five days (excluding weekends and holidays) prior to its use.\1\
Commission staff reviews sales material filed under rule 607 for
materially misleading statements and omissions. The requirements of
rule 607 are designed to protect investors from the use of false or
misleading sales material in connection with Regulation E offerings.
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\1\ Sales material includes advertisements, articles or other
communications to be published in newspapers, magazines, or other
periodicals; radio and television scripts; and letters, circulars or
other written communications proposed to be sent given or otherwise
communicated to more than ten persons.
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Respondents to this collection of information include SBICs and
BDCs making an offering of securities pursuant to Regulation E. Two
filings were submitted to the Commission under rule 607 in 2016, 2017,
and 2018. Accordingly, we estimate one annual response. Each
respondent's reporting burden under rule 607 relates to the burden
associated with filing its sales material electronically, which is
negligible. For administrative purposes, we estimate an annual burden
of one hour. The estimate of average burden hours is made solely for
purposes of the Paperwork Reduction Act and is not derived from a
quantitative, comprehensive, or even representative survey or study of
the burdens associated with Commission rules and forms.
The requirements of this collection of information are mandatory.
Responses will not be kept confidential. An agency may not conduct or
sponsor, and a person is not required to respond to a collection of
information unless it displays a currently valid control number.
Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
Please direct your written comments to Charles Riddle, Acting
Director/Chief Information Officer, Securities and Exchange Commission,
C/O Candace Kenner, 100 F Street NE, Washington, DC 20549; or send an
email to: [email protected].
Dated: May 2, 2019.
Vanessa A. Countryman,
Acting Secretary.
[FR Doc. 2019-09288 Filed 5-6-19; 8:45 am]
BILLING CODE 8011-01-P