Notice2022-08402
Proposed Collection; Comment Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 20, 2022
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 87 Issue 76 (Wednesday, April 20, 2022)</title>
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[Federal Register Volume 87, Number 76 (Wednesday, April 20, 2022)]
[Notices]
[Pages 23647-23648]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08402]
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SECURITIES AND EXCHANGE COMMISSION
[SEC File No. 270-603; OMB Control No. 3235-0658]
Proposed Collection; Comment Request
Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736
Extension:
Rule 22e-3
Notice is hereby given that, under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501-3520), the Securities and Exchange Commission (the
``Commission'') has submitted to the Office of Management and Budget a
request for extension of the previously approved collection of
information discussed below.
Section 22(e) of the Investment Company Act [15 U.S.C. 80a-22(e)]
(``Act'') generally prohibits funds, including money market funds, from
suspending the right of redemption, and from postponing the payment or
satisfaction upon redemption of any redeemable security for more than
seven days. The provision was designed to prevent funds and their
investment advisers from interfering with the redemption rights of
shareholders for improper purposes, such as the preservation of
management fees. Although section 22(e) permits funds to postpone the
date of payment or satisfaction upon redemption for up to seven days,
it does not permit funds to suspend the right of redemption for any
amount of time, absent certain specified circumstances or a Commission
order.
Rule 22e-3 under the Act [17 CFR 270.22e-3] exempts money market
funds from section 22(e) to permit them to suspend redemptions in order
to facilitate an orderly liquidation of the fund. Specifically, rule
22e-3 permits a money market fund to suspend redemptions and postpone
the payment of proceeds pending board-approved liquidation proceedings
if: (i) The fund's board of directors, including a majority of
disinterested directors, determines pursuant to Sec. 270.2a-
7(c)(8)(ii)(C) that the extent of the deviation between the fund's
amortized cost price per share and its current net asset value per
share calculated using available market quotations (or an appropriate
substitute that reflects current market conditions) may result in
material dilution or other unfair results to investors or existing
shareholders; (ii) the fund's board of directors, including a majority
of disinterested directors, irrevocably approves the liquidation of the
fund; and (iii) the fund, prior to suspending redemptions, notifies the
Commission of its decision to liquidate and suspend redemptions. Rule
22e-3 also provides an exemption from section 22(e) for registered
investment companies that own shares of a money market fund pursuant to
section 12(d)(1)(E) of the Act (``conduit funds''), if the underlying
money market fund has suspended redemptions pursuant to the rule. A
conduit fund that suspends redemptions in reliance on the exemption
provided by rule 22e-3 is required to provide prompt notice of the
suspension of redemptions to the Commission. Notices required by the
rule must be provided by electronic mail, directed to the attention of
the Director of the Division of Investment Management or the Director's
designee.\1\ Compliance with the notification requirement is mandatory
for money market funds and conduit funds that rely on rule 22e-3 to
suspend redemptions and postpone payment of proceeds pending a
liquidation, and are not kept confidential.
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\1\ See rule 22e-3(a)(3).
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Commission staff estimates that, on average, one fund would be
required to make the required notice every year.\2\ Commission staff
further estimates that a money market fund or conduit fund would spend
approximately one hour of an in-house attorney's time to prepare and
submit the notice required by the rule. Given these estimates, the
total annual burden of the notification requirement of rule 22e-3 for
all money market funds and conduit funds would be approximately one
hour at a cost of $425.\3\ The Commission staff estimates
[[Page 23648]]
that there is no cost burden associated with the information collection
requirement of rule 22e-3 other than this cost.
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\2\ The Commission has not received any notices invoking rule
22e-3 to halt redemptions. However, for administrative purposes, we
are reporting one respondent and one annual response.
\3\ This figure for an Attorney is from SIFMA's Management &
Professional Earnings in the Securities Industry 2013, modified by
Commission staff to account for an 1800-hour work-year and
inflation, and multiplied by 5.35 to account for bonuses, firm size,
employee benefits and overhead.
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The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act, and is not derived from a
comprehensive or even a representative survey or study of the costs of
Commission rules and forms.
Compliance with the collection of information requirements of the
rule is necessary to obtain the benefit of relying on the rule. 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.
The public may view the background documentation for this
information collection at the following website, <a href="http://www.reginfo.gov">www.reginfo.gov</a>.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
<a href="/cdn-cgi/l/email-protection#97dbfef9f3e4f6eeb9dab9d6f5f6e3f2d7f8faf5b9f2f8e7b9f0f8e1"><span class="__cf_email__" data-cfemail="fab693949e899b83d4b7d4bb989b8e9fba959798d49f958ad49d958c">[email protected]</span></a>; and (ii) David Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Cynthia
Roscoe, 100 F Street NE, Washington, DC 20549 or send an email to:
<a href="/cdn-cgi/l/email-protection#4b1b190a14062a22272924330b382e28652c243d"><span class="__cf_email__" data-cfemail="59090b1806143830353b3621192a3c3a773e362f">[email protected]</span></a>. Written comments and recommendations for the
proposed information collection should be sent within 30 days May 20,
2022 of publication of this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.
Dated: April 14, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-08402 Filed 4-19-22; 8:45 am]
BILLING CODE 8011-01-P
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