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Request for Comments on Extension of Rule 8c-1 Information Collection

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Published April 1st, 2026
Detected April 1st, 2026
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Summary

The SEC published a notice requesting comments on extending Rule 8c-1 information collection requirements under the Paperwork Reduction Act. Rule 8c-1 regulates broker-dealer use of customer securities as collateral, prohibiting commingling and requiring written notifications to pledgees. Approximately 54 broker-dealers would be affected, with an estimated 2,430 annual responses generating 1,215 burden hours.

What changed

The SEC is soliciting comments on the proposed extension of Rule 8c-1 (17 CFR 240.8c-1) information collection requirements. Rule 8c-1 governs broker-dealer practices regarding hypothecation of customer securities, including prohibitions on commingling different customers' securities as collateral, prohibiting commingling customer securities with firm securities, and limiting pledges to amounts customers owe. The rule also requires written notifications to pledgees. The collection affects approximately 54 broker-dealer respondents making 45 annual responses each.

Compliance officers at affected broker-dealers should review their current Rule 8c-1 compliance programs and prepare comments on whether the information collection remains necessary and the burden estimates are accurate. Comments must be submitted within 30 days of the April 1, 2026 publication date. While this is an extension of existing requirements rather than new obligations, firms should confirm their written notification procedures align with current regulatory expectations.

What to do next

  1. Review Rule 8c-1 requirements and assess current compliance practices
  2. Prepare and submit comments on the information collection burden estimates
  3. Confirm your organization meets the approximately 54 respondent criteria if affected

Source document (simplified)

Notice

Agency Information Collection Activities; Proposed Collection; Comment Request; Extension: Rule 8c-1

A Notice by the Securities and Exchange Commission on 04/01/2026

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  • Public Inspection Published Document: 2026-06310 (91 FR 16249) Document Headings ###### Securities and Exchange Commission
  1. [OMB Control No. 3235-0514] 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 soliciting comments on the proposed collection of information provided for in Rule 8c-1 (17 CFR 240.8c-1), under the Securities Exchange Act of 1934 (“Exchange Act”) (15 U.S.C. 78a et seq.). The Commission plans to submit this collection of information to the Office of Management and Budget (“OMB”) for extension and approval.

Rule 8c-1 generally prohibits a broker-dealer from using its customers' securities as collateral to finance its own trading, speculating, or underwriting transactions. More specifically, Rule 8c-1 states three main principles: (1) a broker-dealer is prohibited from commingling the securities of different customers as collateral for a loan without the consent of each customer; (2) a broker-dealer cannot commingle customers' securities with its own securities under the same pledge; and (3) a broker-dealer can only pledge its customers' securities to the extent that customers are in debt to the broker-dealer. Additionally, Rule 8c-1 requires broker-dealers to make certain written notifications to pledgees in connection with such use of customer securities as collateral. [1 ]

The information required by Rule 8c-1 is necessary for the execution of the Commission's mandate under the Exchange Act to prevent broker-dealers from hypothecating or arranging for the hypothecation of any securities carried for the account of any customer under certain circumstances. In addition, the information required by Rule 8c-1 provides important investor protections.

There are approximately 54 respondents as of the end of 2025 (i.e., broker-dealers that conducted business with the public, filed Part II of the FOCUS Report, did not claim an exemption from the Reserve Formula computation, and reported that they had a bank loan during at least one quarter of the current year). Each respondent makes an estimated 45 annual responses, for an aggregate total of approximately 2,430 responses per year. [2 ] Each response takes approximately 0.5 hours to complete. Therefore, the total third-party disclosure burden per year is approximately 1,215 hours. [3 ]

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.

Written comments are invited on: (a) whether this proposed collection of information is necessary for the proper performance of the functions of the SEC, including whether the information will have practical utility; (b) the accuracy of the SEC's estimate of the burden imposed by the proposed collection of information, including the validity of the methodology and the assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated, electronic collection techniques or other forms of information technology.

Please direct your written comments on this 60-Day Collection Notice to Austin Gerig, Director/Chief Data Officer, Securities and Exchange Commission, c/o Tanya Ruttenberg via email to PaperworkReductionAct@sec.gov by June 1, 2026. There will be a second opportunity to comment on this SEC request following the Federal Register publishing a 30-Day Submission Notice.

Dated: March 30, 2026.

Sherry R. Haywood,

Assistant Secretary.

Footnotes

1.

                     
                    See 
                     Exchange Act Release No. 2690 (November 15, 1940); Exchange Act Release No. 9428 (December 29, 1971).

Back to Citation 2.

                     54 respondents × 45 annual responses = 2,430 aggregate total of annual responses.

Back to Citation 3.

                     2,430 responses × 0.5 hours = 1,215 hours.

Back to Citation [FR Doc. 2026-06310 Filed 3-31-26; 8:45 am]

BILLING CODE 8011-01-P

Published Document: 2026-06310 (91 FR 16249)

CFR references

17 CFR 240.8c-1

Named provisions

Rule 8c-1 - Hypothecation of Customers' Securities OMB Control No. 3235-0514

Classification

Agency
Securities and Exchange Commission
Published
April 1st, 2026
Comment period closes
May 1st, 2026 (24 days)
Instrument
Consultation
Legal weight
Non-binding
Stage
Consultation
Change scope
Minor
Document ID
91 FR 16249 / OMB Control No. 3235-0514
Docket
OMB Control No. 3235-0514

Who this affects

Applies to
Broker-dealers Investors
Industry sector
5231 Securities & Investments
Activity scope
Hypothecation Restrictions Written Pledgee Notifications Customer Securities Collateral
Threshold
Broker-dealers that conducted business with the public, filed Part II of the FOCUS Report, did not claim an exemption from the Reserve Formula computation, and reported having a bank loan during at least one quarter of 2025
Geographic scope
United States US

Taxonomy

Primary area
Securities
Operational domain
Compliance
Compliance frameworks
Dodd-Frank SOX
Topics
Consumer Protection Banking Financial Services

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