Rule 17a-5, Form X-17A-5 (FOCUS REPORT)

OMB Control No: 3235-0123	ICR Reference No: 202304-3235-019
Status: Received in OIRA	Previous ICR Reference No: 202107-3235-022
Agency/Subagency: SEC	Agency Tracking No: TM-270-155
Title: Rule 17a-5, Form X-17A-5 (FOCUS REPORT)
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/05/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2023
Responses	39,431	36,557
Time Burden (Hours)	397,467	336,034
Cost Burden (Dollars)	31,295,048	35,287,129

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Abstract: Section 17(a)(1) of the Securities Exchange Act of 1934 ("Exchange Act") provides that broker-dealers must make and keep records, furnish copies of the records, and make and disseminate reports as the Securities and Exchange Commission ("Commission"), by rule, prescribes. Section 17(e)(1)(A) of the Exchange Act requires every broker-dealer registered with the Commission to annually file with the Commission: a balance sheet and income statement "certified by an independent public accounting firm, or by a registered public accounting firm if the firm is required to be registered under the Sarbanes-Oxley Act of 2002" and such other financial statements (which shall, as the Commission specifies, be certified) and information concerning its financial condition as the Commission, by rule, may prescribe. A registered public accounting firm means a public accounting firm registered with the Public Company Accounting Oversight Board ("PCAOB"). Section 17(e)(2) provides that the Commission, by rule, may prescribe the form and content of the financial statements and the accounting principles and standards used in their preparation. Partial Revision-- the Commission is revising this collection of information in connection with a 2019 rulemaking that amended several Commission rules. Although the amendments were adopted in 2019, they are not required to be complied with until October 6, 2021. The amendments, which established recordkeeping requirements for broker-dealers' security-based swap activities, resulted in new estimates to this collection of information. The proposed revisions were submitted to OMB in 2016 (see ICR Ref. No. 201606-3235-015), and this submission is for the final revisions.

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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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 50231	08/01/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 69241	10/05/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 19

IC Title Form No. Form Name IC 15 FOCUS Report Part II: Non-Model Broker-Dealer SBSDs IC 16 FOCUS Report Part II: Non-Model Broker-Dealer MSBSPs IC 17 FOCUS Report Part II: ANC Broker-Dealer SBSDs IC 18 FOCUS Report Part II: Non-Model Stand-alone Broker-Dealers with SBS Activities IC 3 - Appendix E (ANC supplemental Monthly reports) IC1 -FOCUS Report Part II: Monthly Reports (Non-Model Clearing Broker Dealers) SEC 1695 Focus Report Part II IC10 - Change in Fiscal Year End IC11 - SIPC Annual Assessment Reconciliation Form or Certification of Exclusion from Membership Form IC12 - Statement Regarding Independent Public Accountant (Carrying or Clearing BD) IC13 - Statement Regarding Independent Public Accountant (Non-carrying/Non-clearing) IC14 - Statement Regarding Change of Independent Public Accountant IC19 - Rule 17a-5; FOCUS Report Part IIA: Monthly reports (Non-Model Non-Clearing Broker-Dealers) SEC 1696 Focus Report Part !!A IC2 - Rule 17a-5; FOCUS Report Part IIA: Quarterly reports (Non-Model Non-Clearing Broker Dealers) SEC 1696 Focus Report Part !!A IC4 - Appendix E (ANC supplemental Quarterly reports) IC5 - Appendix E (ANC supplemental) Annual reports IC6 - Annual audited reports SEC 1410 Focus Report Part III IC7 - Compliance Report Requirement IC8 - Exemption Report Requirement IC9 - SIPC Audited Annual Reports

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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	39,431	36,557	0	0	2,874	0
Annual Time Burden (Hours)	397,467	336,034	0	0	61,433	0
Annual Cost Burden (Dollars)	31,295,048	35,287,129	0	0	-3,992,081	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: No

Burden Reduction Due to:

Short 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

Agency Contact: Rose Wells 202 942-0143

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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: 10/05/2023

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