Page:United States Statutes at Large Volume 124.djvu/1830

124 STAT. 1804 PUBLIC LAW 111–203—JULY 21, 2010 (3) DESIGNATED CLEARING ENTITY.—The term ‘‘designated clearing entity’’ means a designated financial market utility that is a derivatives clearing organization registered under section 5b of the Commodity Exchange Act (7 U.S.C. 7a-1) or a clearing agency registered with the Securities and Exchange Commission under section 17A of the Securities Exchange Act of 1934 (15 U.S.C. 78q-1). (4) DESIGNATED FINANCIAL MARKET UTILITY.—The term ‘‘designated financial market utility’’ means a financial market utility that the Council has designated as systemically impor- tant under section 804. (5) FINANCIAL INSTITUTION.— (A) IN GENERAL.—The term ‘‘financial institution’’ means— (i) a depository institution, as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); (ii) a branch or agency of a foreign bank, as defined in section 1(b) of the International Banking Act of 1978 (12 U.S.C. 3101); (iii) an organization operating under section 25 or 25A of the Federal Reserve Act (12 U.S.C. 601– 604a and 611 through 631); (iv) a credit union, as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); (v) a broker or dealer, as defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c); (vi) an investment company, as defined in section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a–3); (vii) an insurance company, as defined in section 2 of the Investment Company Act of 1940 (15 U.S.C. 80a–2); (viii) an investment adviser, as defined in section 202 of the Investment Advisers Act of 1940 (15 U.S.C. 80b–2); (ix) a futures commission merchant, commodity trading advisor, or commodity pool operator, as defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a); and (x) any company engaged in activities that are financial in nature or incidental to a financial activity, as described in section 4 of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(k)). (B) EXCLUSIONS.—The term ‘‘financial institution’’ does not include designated contract markets, registered futures associations, swap data repositories, and swap execution facilities registered under the Commodity Exchange Act (7 U.S.C. 1 et seq.), or national securities exchanges, national securities associations, alternative trading sys- tems, securities information processors solely with respect to the activities of the entity as a securities information processor, security-based swap data repositories, and swap execution facilities registered under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), or designated clearing entities, provided that the exclusions in this