(B)The term “dealer” does not include a person that buys or sells securities (not including security-based swaps, other than security-based swaps with or for persons that are not eligible contract participants) for such person’s own account, either individually or in a fiduciary capacity, but not as a part of a regular business. (C)A bank shall not be considered to be a dealer because the bank engages in any of the following activities under the conditions described: (i)The bank buys or sells— (I)commercial paper, bankers acceptances, or commercial bills; (II)exempted securities; (III)qualified Canadian government obligations as defined insection 24 of title 12, in conformity with section 78o–5 of this title and the rules and regulations thereunder, or obligations of the North American Development Bank; or (IV)any standardized, credit enhanced debt security issued by a foreign government pursuant to the March 1989 plan of then Secretary of the Treasury Brady, used by such foreign government to retire outstanding commercial bank loans. (ii)The bank buys or sells securities for investment purposes— (I)for the bank; or (II)for accounts for which the bank acts as a trustee or fiduciary. (iii)The bank engages in the issuance or sale to qualified investors, through a grantor trust or other separate entity, of securities backed by or representing an interest in notes, drafts, acceptances, loans, leases, receivables, other obligations (other than securities of which the bank is not the issuer), or pools of any such obligations predominantly originated by— (I)the bank; (II)an affiliate of any such bank other than a broker or dealer; or (III)a syndicate of banks of which the bank is a member, if the obligations or pool of obligations consists of mortgage obligations or consumer-related receivables. (iv)The bank buys or sells identified banking products, as defined in section 206 of the Gramm-Leach-Bliley Act.


15 USC § 78c(a)(5)(B)

Scoping language

When used in this chapter
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