PUBLIC LAW 109–8—APR. 20, 2005
119 STAT. 147
(1) FDIC-INSURED DEPOSITORY INSTITUTIONS.—Section 11(e)(8)(D) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)(8)(D)) is amended— (A) by striking ‘‘subsection—’’ and inserting ‘‘subsection, the following definitions shall apply:’’; and (B) in clause (i), by inserting ‘‘, resolution, or order’’ after ‘‘any similar agreement that the Corporation determines by regulation’’. (2) INSURED CREDIT UNIONS.—Section 207(c)(8)(D) of the Federal Credit Union Act (12 U.S.C. 1787(c)(8)(D)) is amended— (A) by striking ‘‘subsection—’’ and inserting ‘‘subsection, the following definitions shall apply:’’; and (B) in clause (i), by inserting ‘‘, resolution, or order’’ after ‘‘any similar agreement that the Board determines by regulation’’. (b) DEFINITION OF SECURITIES CONTRACT.— (1) FDIC-INSURED DEPOSITORY INSTITUTIONS.—Section 11(e)(8)(D)(ii) of the Federal Deposit Insurance Act (12 U.S.C. 1821(e)(8)(D)(ii)) is amended to read as follows: ‘‘(ii) SECURITIES CONTRACT.—The term ‘securities contract’— ‘‘(I) means a contract for the purchase, sale, or loan of a security, a certificate of deposit, a mortgage loan, or any interest in a mortgage loan, a group or index of securities, certificates of deposit, or mortgage loans or interests therein (including any interest therein or based on the value thereof) or any option on any of the foregoing, including any option to purchase or sell any such security, certificate of deposit, mortgage loan, interest, group or index, or option, and including any repurchase or reverse repurchase transaction on any such security, certificate of deposit, mortgage loan, interest, group or index, or option; ‘‘(II) does not include any purchase, sale, or repurchase obligation under a participation in a commercial mortgage loan unless the Corporation determines by regulation, resolution, or order to include any such agreement within the meaning of such term; ‘‘(III) means any option entered into on a national securities exchange relating to foreign currencies; ‘‘(IV) means the guarantee by or to any securities clearing agency of any settlement of cash, securities, certificates of deposit, mortgage loans or interests therein, group or index of securities, certificates of deposit, or mortgage loans or interests therein (including any interest therein or based on the value thereof) or option on any of the foregoing, including any option to purchase or sell any such security, certificate of deposit, mortgage loan, interest, group or index, or option; ‘‘(V) means any margin loan;
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