Notice2026-17604
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension: Rule 2a-5
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
August 28, 2026
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 91 Issue 166 (Friday, August 28, 2026)</title>
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[Federal Register Volume 91, Number 166 (Friday, August 28, 2026)]
[Notices]
[Page 55658]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17604]
[[Page 55658]]
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SECURITIES AND EXCHANGE COMMISSION
[OMB Control No. 3235-0779]
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Extension: Rule 2a-5
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.) (``PRA''), the Securities and
Exchange Commission (``Commission'') is submitting to the Office of
Management and Budget (``OMB'') this request for extension of the
collection of information titled, ``Rule 2a-5 under the Investment
Company Act of 1940, Fair Value.'' The OMB Control Number is 3235-0779.
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.
Section 2(a)(41) of the Investment Company Act of 1940
(``Investment Company Act'') requires funds to value their portfolio
investments using the market value of their portfolio securities when
market quotations for those securities are ``readily available,'' and,
when a market quotation for a portfolio security is not readily
available, by using the fair value of that security, as determined in
good faith by the fund's board. The aggregate value of a fund's
investments is the primary determinant of the fund's net asset value
(``NAV''), which for many funds determine the price at which their
shares are offered and redeemed (or repurchased).
17 CFR 270.2a-5 (``rule 2a-5'') provides requirements for
determining in good faith the fair value of the investments of a
registered investment company or companies that have elected to be
treated as business development companies under the Investment Company
Act (``BDCs'' and, collectively, ``funds'') for purposes of section
2(a)(41) of the Investment Company Act and rule 2a-4 thereunder. Under
the rule, fair value as determined in good faith requires assessing and
managing material risks associated with fair value determinations;
selecting, applying, and testing fair value methodologies; and
overseeing and evaluating any pricing services used. The rule also
permits a fund's board to designate a ``valuation designee'' to perform
fair value determinations. The valuation designee can be the adviser of
the fund or an officer of an internally managed fund. When a board
designates the performance of determinations of fair value to a
valuation designee for some or all of the fund's investments under the
rule, the rule requires the board to oversee the valuation designee's
performance of fair value determinations.
To facilitate the board's oversight, the rule also includes certain
reporting and other requirements in the case of designation to a
valuation designee. As relevant here, the rule requires, if the board
designates performance of fair value determinations to a valuation
designee, that the valuation designee report to the board in both
periodic and as needed reports on a per-fund basis.
Specifically, on a periodic basis, the valuation designee must
provide the following to the board:
<bullet> Quarterly Reports. At least quarterly, in writing, (1) any
reports or materials requested by the board related to the fair value
of designated investments or the valuation designee's process for fair
valuing fund investments and (2) a summary or description of material
fair value matters that occurred in the prior quarter. This summary or
description must include (1) any material changes in the assessment and
management of valuation risks, including any material changes in
conflicts of interest of the valuation designee (and any other service
provider), (2) any material changes to, or material deviations from,
the fair value methodologies, and (3) any material changes to the
valuation designee's process for selecting and overseeing pricing
services, as well as any material events related to the valuation
designee's oversight of pricing services.
<bullet> Annual Reports. At least annually, in writing, an
assessment of the adequacy and effectiveness of the valuation
designee's process for determining the fair value of the designated
portfolio of investments. At a minimum, this annual report must include
a summary of the results of the testing of fair value methodologies
required under the rule and an assessment of the adequacy of resources
allocated to the process for determining the fair value of designated
investments, including any material changes to the roles or functions
of the persons responsible for determining fair value.
Further, the rule requires the valuation designee to provide a
written notification to the board of the occurrence of matters that
materially affect the fair value of the designated portfolio of
investments (defined as ``material matters'') within a time period
determined by the board, but in no event later than five business days
after the valuation designee becomes aware of the material matter.
Material matters in this instance include, as examples, a significant
deficiency or material weakness in the design or effectiveness of the
valuation designee's fair value determination process or of material
errors in the calculation of net asset value. The valuation designee
must also provide such timely follow-on reports as the board may
reasonably determine are appropriate.
The rule constitutes a ``collection of information'' for PRA
purposes. Respondents are funds. Compliance with rule 2a-5 is mandatory
for any fund that would need to determine fair value under the
Investment Company Act. To the extent that records required to be
created and maintained under the rule are provided to the Commission in
connection with examinations or investigations, such information would
be kept confidential subject to the provisions of applicable law.
Commission staff estimates that 10,047 respondents will provide one
response each, for an aggregate of 10,047 responses, annually.
Commission staff estimates 34 hours per response, for an aggregate of
341,598 hours, annually. Commission staff estimates a monetized time
cost of $33,422 per response, for an aggregate monetized time cost of
$335,790,834, annually. Commission staff estimates an external cost
burden of $3,632 per response, for an aggregate external cost burden of
$36,490,704, annually.
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=202606-3235-004">https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202606-3235-004</a> or email comment to
<a href="/cdn-cgi/l/email-protection#0d404f552342404f2342445f4c235e484e5269687e6652626b6b646e687f4d62606f2368627d236a627b"><span class="__cf_email__" data-cfemail="0b46495325444649254442594a25584e48546f6e786054646d6d62686e794b646669256e647b256c647d">[email protected]</span></a> within 30 days of the day
after publication of this notice, by September 28, 2026.
Dated: August 26, 2026.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-17604 Filed 8-27-26; 8:45 am]
BILLING CODE 8011-01-P
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