Registration Requirements for Security-based Swap Dealers and Major Security-based Swap Participants

Forms and Documents

Document Name	Status
Form Form SBSE Rule 15Fb2-4 and Schedule F: Amendments by Nonresident SBS Entities for changes to Foreign Law Form and Instruction	New
Form Form SBSE Rule 15Fb2-4 and Schedule F: Amendments by Nonresident SBS Entities to change Agent for Service of Process Form and Instruction	New
Form Form SBSE-W Rule 15Fb3-2 and Form SBSE-W: Complete and File Withdrawal Form Form and Instruction	Modified
Form Form SBSE Rule 15Fb2-4 and Schedule F: Completion and Filing by Nonresident SBS Entities Form and Instruction	Modified
Form SBSE-C Gain Comfort for Certification through External Process Form	Removed
Form SBSE-C Gain Comfort for Certification through Internal Process Form	Removed
Form Form SBSE-C Rule 15Fb2-1 and Form SBSE-C: Complete and File Certifications Form and Instruction	Modified
Form Form SBSE Rule 15Fb2-3: Complete and File Amendments to Application Forms Form and Instruction	Modified
Form Form SBSE-BD Rule 15Fb2-1 and Form SBSE-BD: Complete and File Application Form Form and Instruction	Modified
Form Form SBSE-A Rule 15Fb2-1 and Form SBSE-A: Complete and File Application Form Form and Instruction	Modified
Form Form SBSE Rule 15Fb2-1 and Form SBSE: Complete and File Application Form Form and Instruction	Modified
SBS Entity Registration PRA Justification - Final - 8-13-15.docx Supporting Statement A	2015-08-17

IC Document Collections

IC ID	Document Title	Status
217899	Rule 15Fb2-4 and Schedule F: Amendments by Nonresident SBS Entities for changes to Foreign Law Form and Instruction	New
217898	Rule 15Fb2-4 and Schedule F: Amendments by Nonresident SBS Entities to change Agent for Service of Process Form and Instruction	New
217897	Rule 15Fb6-2: Review and Sign Employment Questionnaire - Major SBS Participants already registered or registering with the SEC or the CFTC	New
217896	Rule 15Fb6-2: Review and Sign Employment Questionnaires - SBS Dealers registered or registering with the SEC or the CFTC	New
199817	Proposed Temporary Rule 15Fb2-2T - Form SBSE-BD	Removed
199816	Proposed Temporary Rule 15Fb2-2T - Form SBSE-A	Removed
199815	Proposed Temporary Rule 15Fb2-2T - Form SBSE	Removed
199814	Rule 15Fb3-2 and Form SBSE-W: Complete and File Withdrawal Form Form and Instruction	Modified
199813	Rule 15Fb1-1: Retain Manually Signed Signature Pages	Modified
199812	Rule 15Fb2-4 and Schedule F: Completion and Filing by Nonresident SBS Entities Form and Instruction	Modified
199811	Have CCO Sign Employee SD Certification on Schedule G	Removed
199810	Have CCO (or designee) Sign Employment Records (ongoing)	Removed
199809	Have CCO (or designee) Sign Employment Records (initial)	Removed
199808	Collect Additional Employment Information (as necessary)	Removed
199807	Rule 15Fb6-2: Review and Sign Employment Questionnaires - SBS Dealers not registered or registering with the SEC or the CFTC	Modified
199806	Gain Comfort for Certification through External Process Form	Removed
199805	Gain Comfort for Certification through Internal Process Form	Removed
199804	Rule 15Fb2-1 and Form SBSE-C: Complete and File Certifications Form and Instruction	Modified
199803	Rule 15Fb2-3: Complete and File Amendments to Application Forms Form and Instruction	Modified
199801	Rule 15Fb2-1 and Form SBSE-BD: Complete and File Application Form Form and Instruction	Modified
199800	Rule 15Fb2-1 and Form SBSE-A: Complete and File Application Form Form and Instruction	Modified
199799	Rule 15Fb2-1 and Form SBSE: Complete and File Application Form Form and Instruction	Modified

ICR Details

OMB Control No: 3235-0696	ICR Reference No: 201505-3235-011
Status: Historical Active	Previous ICR Reference No: 201406-3235-008
Agency/Subagency: SEC	Agency Tracking No: TM-270-642
Title: Registration Requirements for Security-based Swap Dealers and Major Security-based Swap Participants
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 01/06/2016
	Date Received in OIRA: 08/20/2015
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2019	36 Months From Approved
Responses	411	0	0
Time Burden (Hours)	9,812	0	0
Cost Burden (Dollars)	212,271	0	0

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Abstract: Rules 15Fb1-1 through 15Fb6-1 are designed to provide security-based swap dealers and major security-based swap participants with a method by which they can register with the Commission. Forms SBSE, SBSE-A, SBSE-BD, and SBSE-C are designed to provide the Commission with information necessary to determine whether to grant registration. Form SBSE-W is designed to provide the Commission with information necessary to determine whether it is appropriate to allow an entity to withdraw from registration.

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Authorizing Statute(s): US Code: 15 USC 78dd Name of Law: Securities Exchange Act of 1934
   US Code: 15 USC 78o-10(a) through (d) Name of Law: Securities Exchange Act of 1934
   US Code: 15 USC 78q Name of Law: Securities Exchange Act of 1934
   US Code: 15 USC 78w(a) Name of Law: Securities Exchange Act of 1934
  

Citations for New Statutory Requirements: US Code: 15 USC 78o-10(a) through (d) Name of Law: Securities Exchange Act of 1934

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AL05	Final or interim final rulemaking	80 FR 48964	08/14/2015

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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: 13

IC Title	Form No.	Form Name
Rule 15Fb2-3: Complete and File Amendments to Application Forms	Form SBSE, Form SBSE-A, Form SBSE-BD	Form SBSE ,   Form SBSE-A ,   Form SBSE-BD
Rule 15Fb2-1 and Form SBSE-BD: Complete and File Application Form	Form SBSE-BD	Form SBSE-BD
Rule 15Fb1-1: Retain Manually Signed Signature Pages
Rule 15Fb2-4 and Schedule F: Completion and Filing by Nonresident SBS Entities	Form SBSE-BD, Form SBSE, Form SBSE-A	Form SBSE ,   Form SBSE-A ,   Form SBSE-BD
Rule 15Fb2-1 and Form SBSE-C: Complete and File Certifications	Form SBSE-C	Form SBSE-C
Rule 15Fb2-1 and Form SBSE: Complete and File Application Form	Form SBSE	Form SBSE
Rule 15Fb2-1 and Form SBSE-A: Complete and File Application Form	Form SBSE-A	Form SBSE-A
Rule 15Fb6-2: Review and Sign Employment Questionnaires - SBS Dealers not registered or registering with the SEC or the CFTC
Rule 15Fb3-2 and Form SBSE-W: Complete and File Withdrawal Form	Form SBSE-W	Form SBSE-W
Gain Comfort for Certification through External Process	SBSE-C	Form SBSE-C
Gain Comfort for Certification through Internal Process	SBSE-C	FormSBSE-C
Collect Additional Employment Information (as necessary)
Proposed Temporary Rule 15Fb2-2T - Form SBSE
Proposed Temporary Rule 15Fb2-2T - Form SBSE-A
Rule 15Fb2-4 and Schedule F: Amendments by Nonresident SBS Entities to change Agent for Service of Process	Form SBSE-A, Form SBSE-BD, Form SBSE	Form SBSE ,   Form SBSE-A ,   Form SBSE-BD
Have CCO (or designee) Sign Employment Records (initial)
Have CCO (or designee) Sign Employment Records (ongoing)
Have CCO Sign Employee SD Certification on Schedule G
Proposed Temporary Rule 15Fb2-2T - Form SBSE-BD
Rule 15Fb6-2: Review and Sign Employment Questionnaires - SBS Dealers registered or registering with the SEC or the CFTC
Rule 15Fb6-2: Review and Sign Employment Questionnaire - Major SBS Participants already registered or registering with the SEC or the CFTC
Rule 15Fb2-4 and Schedule F: Amendments by Nonresident SBS Entities for changes to Foreign Law	Form SBSE, Form SBSE-A, Form SBSE-BD	Form SBSE ,   Form SBSE-A ,   Form SBSE-BD

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ICR Summary of Burden

	Total Approved	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	411	0	2,216	-1,805	0	0
Annual Time Burden (Hours)	9,812	0	16,509	-6,697	0	0
Annual Cost Burden (Dollars)	212,271	0	16,412,601	-16,200,330	0	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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The increase in the hour burden was caused by three factors. First, we added questions to the forms and increased the associated burden accordingly. Second, to address a comment received, we significantly increased our estimate of the number of associated persons employed by each respondent. Third, we had not previously included any burden associated with amending Schedule F. The decrease in the cost burden was caused by our change to the senior officer certification, which eliminated the need for applicants to obtain an internal control report from a third party provider. This decrease was partially offset by increases in our estimate regarding the cost to obtain the services of an agent for service of process increased and our inclusion of the cost associated with the requirement to obtain a new opinion of counsel to address any changes in foreign law (which had not previously been included).

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Annual Cost to Federal Government: $20,625

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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]? Yes

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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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: 08/20/2015

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