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Routine Notice Amended Consultation

SEC Proposes Form N-3 Extension for Information Collection

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Summary

The Securities and Exchange Commission (SEC) has submitted a request to the Office of Management and Budget for an extension of the information collection requirements associated with Form N-3. This form is used for the registration of separate accounts offering variable annuity contracts. The SEC estimates an annual hour burden of 1,727 hours and a cost burden of $125,376.

What changed

The Securities and Exchange Commission (SEC) has submitted a request to the Office of Management and Budget (OMB) for an extension of the previously approved information collection activities related to Form N-3. This form is used by separate accounts offering variable annuity contracts to register under the Investment Company Act of 1940 and/or the Securities Act of 1933. The SEC estimates the annual hour burden for these collections to be 1,727 hours, with an associated annual cost burden of $125,376.

This notice is part of the Paperwork Reduction Act process, indicating the SEC is seeking to continue an existing information collection. While this is a procedural step for extending an approved collection, regulated entities should be aware that Form N-3 remains a mandatory filing for the described offerings. The SEC is seeking public comment on the necessity of this information collection and its estimated burden.

What to do next

  1. Review the SEC's request for extension of Form N-3 information collection.
  2. Submit public comments to the Office of Management and Budget by the specified deadline if the necessity or burden estimates are contested.

Source document (simplified)

Content

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 (the “Commission”) has submitted to the Office of Management and Budget a request
for extension of the previously approved collection of information discussed below.

The title for the collection of information is “Form N-3 (17 CFR 239.17a and 274.11b) under the Securities Act of 1933 (15
U.S.C. 77) and under the Investment Company Act of 1940 (15 U.S.C. 80a), Registration Statement of Separate Accounts Organized
as Management Investment Companies.” Form N-3 is the form used by separate accounts offering variable annuity contracts which
are organized as management investment companies to register under the Investment Company Act of 1940 (“Investment Company
Act”) and/or to register their securities under the Securities Act of 1933 (“Securities Act”). Form N-3 is also the form used
to file a registration statement under the Securities Act (and any amendments thereto) for variable annuity contracts funded
by separate accounts which would be required to be registered under the Investment Company Act as management investment companies
except for the exclusion provided by Section 3(c)(11) of the Investment Company Act (15 U.S.C. 80a-3(c)(11)). Section 5 of
the Securities Act (15 U.S.C. 77e) requires the filing of a registration statement prior to the offer of securities to the
public and that the statement be effective before any securities are sold, and Section 8 of the Investment Company Act (15
U.S.C. 80a-8) requires a separate account to register as an investment company.

Form N-3 also permits separate accounts offering variable annuity contracts which are organized as investment companies to
provide investors with a prospectus and a statement of additional information covering essential information about the separate
account when it makes an initial or additional offering of its securities. Section 5(b) of the Securities Act requires that
investors be provided with a prospectus containing the information required in a registration statement prior to the sale
or at the time of confirmation or delivery of the securities. The form also may be used by the Commission in its regulatory
review, inspection, and policy-making roles.

We estimate that the hour burden for the initial registration statement on Form N-3 is 926.4 hours per initial registration
statement filings. We estimate that 1 initial registration statement will be filed on Form N-3 in the next 3 years, resulting
in a 309 annual hour burden for initial registration statement filings (926.4 hours ÷ 3 years = 309 annual hour burden). In
addition, we estimate that there are currently 3 insurer separate accounts that file post-effective amendments on Form N-3
per year, with an average of 3 investment options per post-effective amendment). We estimate that the current hour burden
per post-effective amendment is 157.55 hours, resulting in an hour burden of 1,418 for post effective-amendments on Form N-3
(that is, 157.55 × 4 investment options per post-effective amendment × 3 post-effective amendments = 1,418 hours). In total,
we estimate an aggregate hour burden of 1,727 hours (309 hours for the initial registration statement + 1,418 hours for the
post-effective amendments = 1,727 hours). Respondents may rely on outside counsel or auditors in connection with the preparation
and filing of Form N-3. Commission staff estimates that the annual cost burden associated with preparing and filing Form N-3
is $125,376.

The information collection requirements imposed by Form N-3 are mandatory. Responses to the collection of information will
not be kept confidential.

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: https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202601-3235-007 or email comment to MBX.OMB.OIRA.SECdeskofficer@omb.eop.gov within 30 days of the day after publication of this notice, by April 27, 2026.

Dated: March 24, 2026. Sherry R. Haywood, Assistant Secretary. [FR Doc. 2026-05892 Filed 3-25-26; 8:45 am] BILLING CODE 8011-01-P

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CFR references

17 CFR 239.17a 17 CFR 274.11b

Named provisions

Form N-3 Securities Act of 1933 Investment Company Act of 1940

Classification

Agency
SEC
Instrument
Notice
Legal weight
Non-binding
Stage
Consultation
Change scope
Minor
Document ID
17 CFR 239.17a and 274.11b
Docket
SEC-2026-1849-0001

Who this affects

Applies to
Public companies
Industry sector
5221 Commercial Banking 5231 Securities & Investments
Activity scope
Securities Registration Variable Annuity Offerings
Geographic scope
United States US

Taxonomy

Primary area
Securities
Operational domain
Compliance
Compliance frameworks
Dodd-Frank
Topics
Investment Management Information Collection

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