Agency Information Collection Activities; Proposed Collection; Comment Request; Extension: Rule 0-2 Under the Investment Company Act of 1940, General Requirements of Papers and Applications
| Citation | 91 FR 33251 |
| Published date | 03 June 2026 |
| FR Document | 2026-11132 |
| Pages | 33251-33251 |
| Section | Notices |
| Issuer | Securities and Exchange Commission |
33251
Federal Register / Vol. 91, No. 106 / Wednesday, June 3, 2026 / Notices
18
17 CFR 200.30–3(a)(12), (59).
1
15 U.S.C. 80a–1 et seq.
2
15 U.S.C. 80a–6(c).
3
17 CFR 270.0–2.
4
This estimate is based on the annual average of
the number of total exemptive applications for the
three year period ended December 2025 (1,251
applications/3 = 417), of which approximately
2
⁄
3
are amendments (417 × (
2
⁄
3
) = 139 new exemptive
applications).
post all comments on the Commission’s
internet website (https://www.sec.gov/
rules/sro.shtml). Copies of the filing will
be available for inspection and copying
at the principal office of the Exchange.
Do not include personal identifiable
information in submissions; you should
submit only information that you wish
to make available publicly. We may
redact in part or withhold entirely from
publication submitted material that is
obscene or subject to copyright
protection. All submissions should refer
to file number SR–CboeBZX–2026–043
and should be submitted on or before
June 24, 2026.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.
18
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026–11032 Filed 6–2–26; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[OMB Control No. 3235–0636]
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Extension: Rule 0–
2 Under the Investment Company Act
of 1940, General Requirements of
Papers and Applications
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
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 (‘‘SEC’’ or
‘‘Commission’’) is soliciting comments
on the proposed collection of
information.
Several sections of the Investment
Company Act of 1940 (‘‘Act’’ or
‘‘Investment Company Act’’)
1
give the
Securities and Exchange Commission
(‘‘Commission’’) the authority to issue
orders granting exemptions from the
Act’s provisions. The section that grants
broadest authority is section 6(c), which
provides the Commission with authority
to conditionally or unconditionally
exempt persons, securities or
transactions from any provision of the
Investment Company Act, or the rules or
regulations thereunder, if and to the
extent that such exemption is necessary
or appropriate in the public interest and
consistent with the protection of
investors and the purposes fairly
intended by the policy and provisions of
the Act.
2
Congress enacted section 6(c)
to give the Commission the flexibility to
address unforeseen or changed
circumstances in the investment
company industry. Rule 0–2 under the
Investment Company Act,
3
entitled
‘‘General Requirements of Papers and
Applications,’’ prescribes general
instructions for filing an application
seeking exemptive relief with the
Commission.
Rule 0–2(c)(1) requires that every
application for an order for which a
form is not specifically prescribed and
which is executed by a corporation,
partnership or other company and filed
with the Commission contain a
statement of the applicable provisions of
the articles of incorporation, bylaws or
similar documents, relating to the right
of the person signing and filing such
application to take such action on behalf
of the applicant, and a statement that all
such requirements have been complied
with and that the person signing and
filing the application is fully authorized
to do so. If such authorization is
dependent on resolutions of
stockholders, directors, or other bodies,
such resolutions must be attached as an
exhibit to or quoted in the application.
Any amendment to the application must
contain a similar statement as to the
applicability of the original statement of
authorization. When any application or
amendment is signed by an agent or
attorney, rule 0–2(c)(1) requires that the
power of attorney evidencing his
authority to sign shall state the basis for
the agent’s authority and shall be filed
with the Commission. Every application
subject to rule 0–2 must be verified by
the person executing the application by
executing an instrument in substantially
the form specified in the rule. Each
application subject to rule 0–2 must
state the reasons why the applicant is
deemed to be entitled to the action
requested, the name and address of each
applicant, and the name and address of
any person to whom any questions
regarding the application should be
directed. Electronic filing of all
applications for orders under the
Investment Company Act is mandatory.
Each application subject to rule 0–2 is
a one-time request and the rule itself
does not impose any ongoing
obligations or burdens on the part of an
applicant. Compliance with rule 0–2 is
required to obtain or retain benefits.
We estimate that approximately 139
registrants use rule 0–2 to make
exemptive applications.
4
Based on
conversations with fund representatives
and the Commission’s experience with
the use of rule 0–2, we estimate that the
reporting burden of compliance with
rule 0–2 is approximately 20 hours per
respondent. This time is spent, for
example, preparing the application to
submit to the Commission. Accordingly,
we calculate the total estimated annual
internal burden of complying with rule
0–2 to be approximately 2,780 hours.
We estimate the annual external costs to
be $10,341,600. 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 OMB Control Number.
Written comments are invited on: (a)
whether this proposed collection of
information is necessary for the proper
performance of the functions of the SEC,
including whether the information will
have practical utility; (b) the accuracy of
the SEC’s estimate of the burden
imposed by the proposed collection of
information, including the validity of
the methodology and the assumptions
used; (c) ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) ways to minimize
the burden of the collection of the
information on respondents, including
through the use of automated, electronic
collection techniques or other forms of
information technology.
Please direct your written comments
on this 60-Day Collection Notice to
Austin Gerig, Director/Chief Data
Officer, Securities and Exchange
Commission, c/o Tanya Ruttenberg via
email to PaperworkReductionAct@
sec.gov by August 3, 2026. There will be
a second opportunity to comment on
this SEC request following the Federal
Register publishing a 30-Day
Submission Notice.
Dated: June 1, 2026.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026–11132 Filed 6–2–26; 8:45 am]
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