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Notice2026-18006

Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension: Rule 15g-9

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
September 3, 2026

Issuing agencies

Securities and Exchange Commission

Full Text

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<title>Federal Register, Volume 91 Issue 170 (Thursday, September 3, 2026)</title>
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[Federal Register Volume 91, Number 170 (Thursday, September 3, 2026)]
[Notices]
[Page 56696]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18006]



[[Page 56696]]

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SECURITIES AND EXCHANGE COMMISSION

[OMB Control No. 3235-0385]


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Extension: Rule 15g-9

    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 provided for in Rule 15g-9 (17 CFR 
240.15g-9), under the Securities Exchange Act of 1934 (15 U.S. C. 78a 
et seq.) (``Exchange Act'').
    Section 15(c)(2) of the Exchange Act authorizes the Commission to 
promulgate rules reasonably designed to prevent fraudulent, deceptive, 
or manipulative device or contrivance in connection with the over-the-
counter market. Pursuant to this authority, the Commission adopted Rule 
15g-9 to require broker-dealers, prior to effecting a person's 
transaction in a penny stock, to: (1) approve their account for 
transactions in penny stocks by, among other things: (a) obtaining from 
them information concerning their financial situation, investment 
experience, and investment objectives; (b) reasonably determining that 
transactions in penny stocks are suitable for them, and that he or she 
(or their independent adviser) has sufficient knowledge and experience 
in financial matters and is capable of evaluating the risks of 
transactions in penny stocks; and (c) delivering to them a written 
statement: (i) setting forth the basis on which the broker-dealer made 
the suitability determination; (ii) stating in a highlighted format 
that it is unlawful for the broker-dealer to effect a transaction in a 
penny stock unless the broker-dealer has received, prior to the 
transaction, a written agreement to the transaction from the person; 
and (iii) stating in a highlighted format immediately preceding the 
person's signature line that: (A) the broker-dealer is required to 
provide the person with the written statement; and (B) the person 
should not sign and return the written statement to the broker-dealer 
if it does not accurately reflect their financial situation, investment 
experience, and investment objectives; and (d)(i) obtaining from the 
person a signed and dated copy of the statement; and (ii) waiting at 
least two business days after sending the statement to effect the penny 
stock transaction.
    As of May 1, 2026, there are 3,248 registered broker-dealers. Of 
the 3,248 broker-dealers, approximately five percent, or 162 broker-
dealers, are engaged in penny stock transactions and thereby subject to 
Rule 15g-9 (5% x 3,248 broker-dealers = 162 broker-dealers). The 
Commission estimates that each of these broker-dealers effects 3 
persons' first penny stock transaction per week. Thus, each respondent 
delivers approximately 156 penny stock written statements per year (52 
weeks per year x 3 transactions per week) for a total aggregate of 
approximately 25,272 responses per year (162 respondents x 156 penny 
stock written statements per year).
    The Commission estimates that a broker-dealer would take 
approximately one-half hour per new penny stock investor to obtain, 
review, and process (including delivering to the person) the 
information required by Rule 15g-9, or approximately 78 hours per year 
(156 new persons x .5 hours), for a total aggregate burden of 
approximately 12,636 hours per year (162 respondents x 78 hours per 
year) for this third-party disclosure obligation.
    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=202606-3235-016">https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202606-3235-016</a> or email comment to 
<a href="/cdn-cgi/l/email-protection#2568677d0b6a68670b6a6c77640b7660667a4140564e7a4a43434c464057654a48470b404a550b424a53"><span class="__cf_email__" data-cfemail="9fd2ddc7b1d0d2ddb1d0d6cddeb1ccdadcc0fbfaecf4c0f0f9f9f6fcfaeddff0f2fdb1faf0efb1f8f0e9">[email&#160;protected]</span></a> within 30 days of the day 
after publication of this notice, by October 5, 2026.

    Dated: August 31, 2026.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-18006 Filed 9-2-26; 8:45 am]
BILLING CODE 8011-01-P


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Indexed from Federal Register on September 3, 2026.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.