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Notice2026-10822

Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension: Rule 17a-7-Exemption of Certain Purchase or Sale Transactions Between an Investment Company and Certain Affiliated Persons Thereof

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
June 1, 2026

Issuing agencies

Securities and Exchange Commission

Full Text

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<title>Federal Register, Volume 91 Issue 104 (Monday, June 1, 2026)</title>
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[Federal Register Volume 91, Number 104 (Monday, June 1, 2026)]
[Notices]
[Page 32498]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10822]


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SECURITIES AND EXCHANGE COMMISSION

[OMB Control No. 3235-0214]


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Extension: Rule 17a-7--Exemption of Certain 
Purchase or Sale Transactions Between an Investment Company and Certain 
Affiliated Persons Thereof

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 for extension of the proposed 
collection of information under rule 17a-7 [17 CFR 270.17a-7].\1\ Rule 
17a-7, as subsequently amended on several occasions, provides an 
exemption from section 17(a) of the Act for purchases and sales of 
securities between funds that are affiliated persons \2\ (``first-tier 
affiliate'') of a registered investment company (``fund'') or an 
affiliated person of that first-tier affiliate (``second-tier 
affiliate''), or between a fund and a first- or second-tier affiliate 
other than another fund, when the affiliation arises solely because of 
a common investment adviser (or advisers that are affiliated persons of 
each other), director, or officer. The exemption is subject to 
conditions intended to eliminate the likelihood of overreaching. The 
rule permits funds and other companies under common management to trade 
securities with each other and thus to avoid brokerage commissions.\3\ 
The rule also limits the prices at which purchase and sale transactions 
may occur, to prevent inequitable pricing practices that could harm a 
participating fund.\4\
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    \1\ See Exemption of Certain Purchase or Sale Transactions 
Between Affiliated Registered Investment Companies; Investment 
Company Act Release No. 4697 (Sept. 8, 1966) [31 FR 12092 (Sept. 16, 
1966)].
    \2\ Under section 2(a)(3) of the Act, ``affiliated person'' of 
another person means:
    \3\ See rule 17a-7(d).
    \4\ See rule 17a-7(b).
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    Rule 17a-7(e) requires the board of directors of a fund to make, 
adopt, and approve changes to procedures reasonably designed to ensure 
that the conditions of the rule have been satisfied for purchases and 
sales effected in reliance on the rule. In addition, the rule requires 
that the fund maintain and preserve permanently a written copy of the 
procedures adopted by the board. Under the rule, the board is required 
to determine, at least on a quarterly basis, that all affiliated 
transactions effected during the preceding quarter in reliance on the 
rule were made in compliance with these established procedures. The 
rule requires the fund to maintain written records of this board 
determination and each rule 17a-7 transaction for a period of not less 
than six years.\5\ The Commission's examination staff uses these 
records to evaluate for compliance with the rule. Compliance with rule 
17a-7 is required to obtain or retain benefits.
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    \5\ Rule 17a-7(g) requires the written record of the affiliated 
transaction to include the following information: a description of 
the security purchased or sold, the identity of the person on the 
other side of the transaction, the terms of the purchase or sale 
transaction, and the information or materials upon which the board 
determined that the purchase or sale complied with the procedures 
set by the board.
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    We estimate that approximately 446 funds use rule 17a-7 to make 
cross trades annually.\6\ Based on conversations with fund 
representatives and the Commission's experience with the use of rule 
17a-7, we estimate that the recordkeeping burden of compliance with 
rule 17a-7 is approximately 5 hours per respondent. This time is spent, 
for example, maintaining various records of rule 17a-7 transactions and 
materials connected to the board's determination of compliance. 
Accordingly, we calculate the total estimated annual internal burden of 
complying with rule 17a-7 to be approximately 2,230 hours. We estimate 
the annual external costs to be $1,659,120.
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    \6\ This estimate is based on the average of the number of 
active registrants/trusts as of December 2023, 2024, and 2025 that 
indicated on Form N-CEN filings received through March 15, 2026 that 
at least one of their funds/series rely on rule 17a-7.
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    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=202603-3235-016">https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202603-3235-016</a> or email comment to 
<a href="/cdn-cgi/l/email-protection#28656a700667656a0667617a69067b6d6b774c4d5b4377474e4e414b4d5a6847454a064d4758064f475e"><span class="__cf_email__" data-cfemail="5e131c067011131c7011170c1f700d1b1d013a3b2d3501313838373d3b2c1e31333c703b312e70393128">[email&#160;protected]</span></a> within 30 days of the day 
after publication of this notice, by July 2, 2026.

     Dated: May 27, 2026.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-10822 Filed 5-29-26; 8:45 am]
BILLING CODE 8011-01-P


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Indexed from Federal Register on June 1, 2026.

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