SEC seeks OMB extension for Rule 163 information collection
The extension request applies to well-known seasoned issuers filing Rule 163 communications, with comments due by Nov. 30, 2026.
The Securities and Exchange Commission has submitted to the Office of Management and Budget a request to extend the previously approved collection of information required under Rule 163 (17 CFR 230.163). The notice, dated October 26, 2026, invokes the Paperwork Reduction Act of 1995 and cites OMB Control No. 3235-0619.
Rule 163 provides an exemption from Section 5(c) of the Securities Act of 1933 for certain communications by, or on behalf of, a well-known seasoned issuer, as defined in Rule 405, before a registration statement is filed. The exemption is intended to facilitate capital formation by allowing eligible issuers to communicate with investors at any time, including via written offers that are not statutory prospectuses. Filings made under Rule 163 are mandatory and are posted publicly on the SEC's EDGAR system.
The agency estimates that approximately 12 respondents will make one Rule 163 filing per year. Each response is projected to require about 0.083 hours of effort, yielding a total annual reporting burden of one hour. The estimated cost per response is $72.50, for an annual cost burden of $870.
The public may view the collection request and submit comments at https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202607-3235-021 or by email to the address provided in the notice. Comments must be received within 30 days of publication, no later than November 30, 2026.
The notice reiterates that an agency may not conduct or sponsor a collection of information, and a person is not required to respond, unless the collection displays a currently valid OMB control number.
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