Notice2026-01888

Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension: Regulation S-AM

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
January 30, 2026

Issuing agencies

Securities and Exchange Commission

Full Text

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[Federal Register Volume 91, Number 20 (Friday, January 30, 2026)]
[Notices]
[Page 4153]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01888]



[[Page 4153]]

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SECURITIES AND EXCHANGE COMMISSION

[OMB Control No. 3235-0609]


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Extension: Regulation S-AM

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 et seq.), the Securities and Exchange 
Commission (``SEC'' or ``Commission'') is submitting to the Office of 
Management and Budget (``OMB'') this request Extension of the proposed 
collection of information provided for in Regulation S-AM (17 CFR part 
248, subpart B), under the Fair Credit Reporting Act (15 U.S.C. 1681 et 
seq.) (``FCRA''), the Securities Exchange Act of 1934 (15 U.S.C. 78a et 
seq.), the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.), 
and the Investment Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.).
    Regulation S-AM implements the requirements of Section 624 of the 
FCRA (15 U.S.C. 1681s-3) with respect to investment advisers and 
transfer agents registered with the Commission, as well as brokers, 
dealers and investment companies (collectively, ``Covered Persons''). 
Section 624 and Regulation S-AM limit a Covered Person's use of certain 
consumer financial information received from an affiliate to solicit a 
consumer for marketing purposes, unless the consumer was given notice 
and a reasonable opportunity and a reasonable and simple method to opt 
out of such solicitations. Regulation S-AM potentially applies to all 
of the approximately 22,824 Covered Persons registered with the 
Commission, although only approximately 12,781 of them have one or more 
corporate affiliates, and the regulation requires only approximately 
2,282 to provide consumers with an affiliate marketing notice and an 
opt-out opportunity.
    The Commission staff estimates that there are approximately 12,781 
Covered Persons having one or more affiliates, and that they each spend 
an average of 0.20 hours per year to review affiliate marketing 
practices, for, collectively, an estimated annual time burden of 
approximately 2,556 hours at an annual internal compliance cost of 
approximately $1,686,960. The staff also estimates that approximately 
2,282 Covered Persons provide notice and opt-out opportunities to 
consumers, and that they each spend an average of 7.6 hours per year 
creating notices, providing notices and opt-out opportunities, 
monitoring the opt-out notice process, making and updating records of 
opt-out elections, and addressing consumer questions and concerns about 
opt-out notices, for, collectively, an estimated annual time burden of 
approximately 17,343 hours at an annual internal compliance cost of 
approximately $4,210,665. Thus, the staff estimates that the collection 
of information requires a total of approximately 12,781 respondents to 
incur an estimated total annual time burden of approximately 19,899 
hours at a total annual internal cost of compliance of approximately 
$5,897,625.
    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 OMB Control Number.
    The public may view and comment on this information collection 
request at: <a href="https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202511-3235-006">https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202511-3235-006</a> or email comment to 
<a href="/cdn-cgi/l/email-protection#125f504a3c5d5f503c5d5b40533c4157514d767761794d7d74747b717760527d7f703c777d623c757d64"><span class="__cf_email__" data-cfemail="79343b215736343b5736302b38572a3c3a261d1c0a1226161f1f101a1c0b3916141b571c1609571e160f">[email&#160;protected]</span></a> within 30 days of the day 
after publication of this notice, by March 2, 2026.

    Dated: January 28, 2026.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-01888 Filed 1-29-26; 8:45 am]
BILLING CODE 8011-01-P


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Indexed from Federal Register on January 30, 2026.

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