Information Collection Request

Rule 17a-4; Records to be Preserved by Certain Exchange Members, Brokers and Dealers

ICR 202311-3235-022 · OMB 3235-0279 · Received in OIRA

Forms and Documents
DocumentTypeStatusAvailability
3235-0279 Supporting Statement (2023 Best Ex Proposed Revision).pdf Supporting Statement A Uploaded 2023-11-17 Missing upstream
IC Document Collections
IC IDCollectionTypeStatusForm
34755 Rule 17a-4; Records to be Preserved by Certain Exchange Members, Brokers and Dealers Unchanged
263539 Small Broker-Dealers - Rule 1102 (Annual Report) New
263538 Large Broker-Dealers - Rule 1102 (Annual Report) New
263537 Small Broker-Dealer - Rule 1101 - Ongoing New
263535 Large Broker-Dealer - Rule 1101 - Ongoing New
258415 Rule 17a-4(b)(1), (e)(11), (e)(12) - Risk Mitigation Unchanged
258134 Alternative undertaking - Cloud Service Providers Unchanged
258133 Alternative undertaking - Broker-dealers Unchanged
258132 17a-4(f) - Backup Systems or Redundant Equivalency for Small BDs (Annual) Unchanged
258131 17a-4(f) - Backup Systems or Redundant Equivalency Unchanged
258130 17a-4(f) - Backup Systems or Redundant Equivalency for Large BDs (Initial Annualized) Unchanged
258129 17a-4(f) - Backup Systems or Redundant Equivalency for Large BDs (Annual) Unchanged
258128 17a-4(f) - Audit Trail Alternative to WORM for Small Broker-Dealers (Initial Annualized) Unchanged
258127 17a-4(f) - Audit Trail Alternative to WORM for Small Broker-Dealers (Annual) Unchanged
258126 17a-4(f) Audit trail alternative to WORM for Large Broker-Dealers (Initial Annualized) Unchanged
258125 17a-4(f) Audit trail alternative to WORM for Large Broker-Dealers (Annual) Unchanged
258124 Third Party or Designated Executive Officer Undertaking Unchanged
248621 Broker-Dealer SBSDs Only Unchanged
248620 Broker-Dealer SBSDs and Broker-Dealer MSBSPs Unchanged
248618 Security-Based Swap Activities Unchanged
248617 Telephonic Communications Unchanged
231799 Rule 17a-4(e)(10), Maintenance of Records in Connection with Rule 17a-14 and Form CRS Unchanged
231798 Rule 17a-4(e)(5), Ongoing Recordkeeping in Connection with Regulation Best Interest Unchanged
231797 Rule 17a-4(e)(5), New or Modified Documents Being Added to a Record Retention System in Connection with Regulation BI Unchanged
209189 Rule 17a-4(b)(11) Record preservation requirements Unchanged
ICR Details
3235-0279 202311-3235-022
Received in OIRA 202301-3235-027
SEC TM-270-198
Rule 17a-4; Records to be Preserved by Certain Exchange Members, Brokers and Dealers
Revision of a currently approved collection   No
Regular 11/17/2023
  Requested Previously Approved
10/31/2026 01/31/2026
1,010,932,198 1,010,925,202
9,328,833 9,306,630
34,195,757 34,195,757

PROPOSED PARTIAL REVISION: In December 2022, the Commission proposed Regulation Best Execution that would establish through a Commission rule a best execution standard for broker-dealers and require broker-dealers to establish, maintain, and enforce written policies and procedures reasonably designed to comply with that best execution standard. In connection with proposed Regulation Best Execution, the Commission is proposing new recordkeeping requirements for broker-dealers in Rule 17a-4.

US Code: 15 USC 78b, 78c, 78o, 78o-4, 78q, 78w Name of Law: Sections 2, 3, 15, 15B, 17 and 23 of the Securities Exchange Act of 1934
  
None

3235-AN24 Proposed rulemaking 88 FR 5440 01/27/2023

No

25
IC Title Form No. Form Name
17a-4(f) - Audit Trail Alternative to WORM for Small Broker-Dealers (Annual)
17a-4(f) - Audit Trail Alternative to WORM for Small Broker-Dealers (Initial Annualized)
17a-4(f) - Backup Systems or Redundant Equivalency
17a-4(f) - Backup Systems or Redundant Equivalency for Large BDs (Annual)
17a-4(f) - Backup Systems or Redundant Equivalency for Large BDs (Initial Annualized)
17a-4(f) - Backup Systems or Redundant Equivalency for Small BDs (Annual)
17a-4(f) Audit trail alternative to WORM for Large Broker-Dealers (Annual)
17a-4(f) Audit trail alternative to WORM for Large Broker-Dealers (Initial Annualized)
Alternative undertaking - Broker-dealers
Alternative undertaking - Cloud Service Providers
Broker-Dealer SBSDs Only
Broker-Dealer SBSDs and Broker-Dealer MSBSPs
Large Broker-Dealer - Rule 1101 - Ongoing
Large Broker-Dealers - Rule 1102 (Annual Report)
Rule 17a-4(b)(1), (e)(11), (e)(12) - Risk Mitigation
Rule 17a-4(b)(11) Record preservation requirements
Rule 17a-4(e)(10), Maintenance of Records in Connection with Rule 17a-14 and Form CRS
Rule 17a-4(e)(5), New or Modified Documents Being Added to a Record Retention System in Connection with Regulation BI
Rule 17a-4(e)(5), Ongoing Recordkeeping in Connection with Regulation Best Interest
Rule 17a-4; Records to be Preserved by Certain Exchange Members, Brokers and Dealers
Security-Based Swap Activities
Small Broker-Dealer - Rule 1101 - Ongoing
Small Broker-Dealers - Rule 1102 (Annual Report)
Telephonic Communications
Third Party or Designated Executive Officer Undertaking

  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 1,010,932,198 1,010,925,202 0 6,996 0 0
Annual Time Burden (Hours) 9,328,833 9,306,630 0 22,203 0 0
Annual Cost Burden (Dollars) 34,195,757 34,195,757 0 0 0 0
Yes
Changing Regulations
No
The Commission has proposed to amend Rule 17a-4, which would add new recordkeeping hour burden requirements. These are discussed in more detail in the attached Supporting Statement.

$0
No
    No
    No
No
No
No
No
Arisa Kettig 202 551-5000

  No

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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
11/17/2023