71614 Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Notices 

1Section 4(3) of the Act (15 U.S.C. 80a–4(3)) 

defines ‘‘management company’’ as ‘‘any 

investment company other than a face amount 

certificate company or a unit investment trust.’’ 

2This estimate is as of December 2022 and is 

based on the Commission staff’s review of EDGAR 

filings through July 31, 2023. The number of 

management investment company portfolios that 

make distributions for which compliance with rule 

19a–1 is required depends on a wide range of 

factors and can vary greatly across years. Therefore, 

the calculation of estimated burden hours below is 

based on the total number of management 

investment company portfolios, each of which may 

be subject to rule 19a–1. 

3A few portfolios make monthly distributions 

from sources other than net income, so the rule 

requires them to send out a statement 12 times a 

year. Other portfolios never make such 

distributions. 

4This estimate is based on the following 

calculation: 12,900 management investment 

company portfolios × 2 statements per year × 1 hour 

per statement = 25,800 burden hours. 

5Hourly rates are derived from the Securities 

Industry and Financial Markets Association 

(‘‘SIFMA’’), Management and Professional Earnings 

in the Securities Industry 2013, modified to account 

for an 1,800-hour work-year and inflation, and 

multiplied by 5.35 to account for bonuses, firm size, 

employee benefits, and overhead. 

6Hourly rates are derived from SIFMA’s Office 

Salaries in the Securities Industry 2013, modified 

to account for an 1,800-hour work-year and 

multiplied by 2.93 to account for bonuses, firm size, 

employee benefits and overhead. 

Date: October 10, 2023; Filing Authority: 

39 U.S.C. 3642, 39 CFR 3040.130 

through 3040.135, and 39 CFR 3035.105; 

Public Representative: Kenneth R. 

Moeller; Comments Due: October 18, 

2023. 

This Notice will be published in the 

Federal Register. 

Erica A. Barker, 

Secretary. 

[FR Doc. 2023–22820 Filed 10–16–23; 8:45 am] 

BILLING CODE 7710–FW–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–240, OMB Control No. 

3235–0216] 

Proposed Collection; Comment 

Request; Extension: Rule 19a–1 

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. 3501–3520), 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. 

Section 19(a) (15 U.S.C. 80a–19(a)) of 

the Investment Company Act of 1940 

(the ‘‘Act’’) (15 U.S.C. 80a) makes it 

unlawful for any registered investment 

company to pay any dividend or similar 

distribution from any source other than 

the company’s net income, unless the 

payment is accompanied by a written 

statement to the company’s 

shareholders which adequately 

discloses the sources of the payment. 

Section 19(a) authorizes the 

Commission to prescribe the form of 

such statement by rule. 

Rule 19a–1 (17 CFR 270.19a–1) under 

the Act, entitled ‘‘Written Statement to 

Accompany Dividend Payments by 

Management Companies,’’ sets forth 

specific requirements for the 

information that must be included in 

statements made pursuant to section 

19(a) by or on behalf of management 

companies.1 The rule requires that the 

statement indicate what portions of 

distribution payments are made from 

net income, net profits from the sale of 

a security or other property (‘‘capital 

gains’’) and paid-in capital. When any 

part of the payment is made from capital 

gains, rule 19a–1 also requires that the 

statement disclose certain other 

information relating to the appreciation 

or depreciation of portfolio securities. If 

an estimated portion is subsequently 

determined to be significantly 

inaccurate, a correction must be made 

on a statement made pursuant to section 

19(a) or in the first report to 

shareholders following the discovery of 

the inaccuracy. 

The purpose of rule 19a–1 is to afford 

fund shareholders adequate disclosure 

of the sources from which distribution 

payments are made. The rule is 

intended to prevent shareholders from 

confusing income dividends with 

distributions made from capital sources. 

Absent rule 19a–1, shareholders might 

receive a false impression of fund gains. 

Based on a review of filings made 

with the Commission, the staff estimates 

that approximately 12,900 series of 

registered investment companies that 

are management companies may be 

subject to rule 19a–1 each year,2 and 

that each portfolio on average mails two 

statements per year to meet the 

requirements of the rule.3 The staff 

further estimates that the time needed to 

make the determinations required by the 

rule and to prepare the statement 

required under the rule is 

approximately 1 hour per statement. 

The total annual burden for all 

portfolios therefore is estimated to be 

approximately 25,800 burden hours.4

The staff estimates that approximately 

one-third of the total annual burden 

(8,600 hours) would be incurred by a 

paralegal with an average hourly wage 

rate of approximately $253 per hour,5

and approximately two-thirds of the 

annual burden (17,200 hours) would be 

incurred by a compliance clerk with an 

average hourly wage rate of $82 per 

hour.6 The staff therefore estimates that 

the aggregate annual burden, in dollars, 

of the hours needed to comply with the 

paperwork requirements of the rule is 

approximately $3,586,200 ((8,600 hours 

× $253 = $2,175,800) + (17,200 hours × 

$82 = $1,410,400)). It is estimated that 

there is no cost burden of rule 19a–1 

other than these estimates. 

To comply with state law, many 

investment companies already must 

distinguish the different sources from 

which a shareholder distribution is paid 

and disclose that information to 

shareholders. Thus, many investment 

companies would be required to 

distinguish the sources of shareholder 

dividends whether or not the 

Commission required them to do so 

under rule 19a–1. 

These estimates are made solely for 

the purposes of the Paperwork 

Reduction Act, and are not derived from 

a comprehensive or even a 

representative survey or study of the 

costs of Commission rules. Compliance 

with the collection of information 

required by rule 19a–1 is mandatory for 

management companies that make 

statements to shareholders pursuant to 

section 19(a) of the Act. 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 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’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 

by December 18, 2023. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

under the PRA unless it displays a 

currently valid OMB control number. 

Please direct your written comments 

to: David Bottom, Acting Director/Chief 


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Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Notices 71615 

1Based on a review of fund filings for the threeyear period from January 1, 2020 to December 31, 

2022, Commission staff calculates there are 2,186 

funds (registered open- and closed-end funds, and 

business development companies) that must 

comply with the collections of information under 

rule 17g–1, and which collectively submit an 

estimated 2,543 filings on Form 17G annually. 

Information Officer, Securities and 

Exchange Commission, c/o John 

Pezzullo, 100 F Street NE, Washington, 

DC 20549 or send an email to: PRA_

Mailbox@sec.gov. 

Dated: October 11, 2023. 

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–22818 Filed 10–16–23; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–208, OMB Control No. 

3235–0213] 

Proposed Collection; Comment 

Request; Extension: Rule 17g–1 

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. 3501–3520), 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. 

Rule 17g–1 (17 CFR 270.17g–1) under 

the Investment Company Act of 1940 

(the ‘‘Act’’) (15 U.S.C. 80a–17(g)) 

governs the fidelity bonding of officers 

and employees of registered 

management investment companies 

(‘‘funds’’) and their advisers. Rule 17g– 

1 requires, in part, the following: 

Independent Directors’ Approval 

The form and amount of the fidelity 

bond must be approved by a majority of 

the fund’s independent directors at least 

once annually, and the amount of any 

premium paid by the fund for any ‘‘joint 

insured bond,’’ covering multiple funds 

or certain affiliates, must be approved 

by a majority of the fund’s independent 

directors. 

Terms and Provisions of the Bond 

The amount of the bond may not be 

less than the minimum amounts of 

coverage set forth in a schedule based 

on the fund’s gross assets. The bond 

must provide that it shall not be 

cancelled, terminated, or modified 

except upon 60-days written notice to 

the affected party and to the 

Commission. In the case of a joint 

insured bond, 60-days written notice 

must also be given to each fund covered 

by the bond. A joint insured bond must 

provide that the fidelity insurance 

company will provide all funds covered 

by the bond with a copy of the 

agreement, a copy of any claim on the 

bond, and notification of the terms of 

the settlement of any claim prior to 

execution of that settlement. Finally, a 

fund that is insured by a joint bond 

must enter into an agreement with all 

other parties insured by the joint bond 

regarding recovery under the bond. 

Filings With the Commission 

Upon the execution of a fidelity bond 

or any amendment thereto, a fund must 

file with the Commission within 10 

days: (i) a copy of the executed bond or 

any amendment to the bond, (ii) the 

independent directors’ resolution 

approving the bond, and (iii) a 

statement as to the period for which 

premiums have been paid on the bond. 

In the case of a joint insured bond, a 

fund must also file: (i) a statement 

showing the amount the fund would 

have been required to maintain under 

the rule if it were insured under a single 

insured bond; and (ii) the agreement 

between the fund and all other insured 

parties regarding recovery under the 

bond. A fund must also notify the 

Commission in writing within five days 

of any claim or settlement on a claim 

under the fidelity bond. 

Notices to Directors 

A fund must notify by registered mail 

each member of its board of directors of: 

(i) any cancellation, termination, or 

modification of the fidelity bond at least 

45 days prior to the effective date; and 

(ii) the filing or settlement of any claim 

under the fidelity bond when 

notification is filed with the 

Commission. 

Rule 17g–1’s independent directors’ 

annual review requirements, fidelity 

bond content requirements, joint bond 

agreement requirement, and the 

required notices to directors are 

designed to ensure the safety of fund 

assets against losses due to the conduct 

of persons who may obtain access to 

those assets. These requirements also 

seek to facilitate oversight of a fund’s 

fidelity bond. The rule’s required filings 

with the Commission are designed to 

assist the Commission in monitoring 

funds’ compliance with the fidelity 

bond requirements. 

Based on conversations with 

representatives in the fund industry, the 

Commission staff estimates that for each 

of the estimated 2,543 active funds 

(respondents),1 the average annual 

paperwork burden associated with rule 

17g–1’s requirements is two hours, one 

hour each for a compliance attorney and 

the board of directors as a whole. The 

time spent by a compliance attorney 

includes time spent filing reports with 

the Commission for fidelity losses (if 

any) as well as paperwork associated 

with any notices to directors, and 

managing any updates to the bond and 

the joint agreement (if one exists). The 

time spent by the board of directors as 

a whole includes any time spent 

initially establishing the bond, as well 

as time spent on annual updates and 

approvals. The Commission staff 

therefore estimates the total ongoing 

paperwork burden hours per year for all 

funds required by rule 17g–1 to be 5,086 

hours (2,543 funds × 2 hours = 5,086 

hours). Commission staff continues to 

estimate that the filing and reporting 

requirements of rule 17g–1 do not entail 

any external cost burdens. 

These estimates of average burden 

hours are made solely for the purposes 

of the Paperwork Reduction Act. These 

estimates are not derived from a 

comprehensive or even a representative 

survey or study of Commission rules. 

The collection of information required 

by rule 17g–1 is mandatory and 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 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’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 

by December 18, 2023. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

under the PRA unless it displays a 

currently valid OMB control number. 

Please direct your written comments 

to: David Bottom, Acting Director/Chief 

Information Officer, Securities and 


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