Page:United States Statutes at Large Volume 114 Part 5.djvu/412

 114 STAT. 2763A-372 PUBLIC LAW 106-554—APPENDIX E "(15) FINANCIAL INSTITUTION. —The term 'financial institution' means— "(A) a corporation operating under the fifth undesignated paragraph of section 25 of the Federal Reserve Act (12 U.S.C. 603), commonly known as 'an agreement corporation'; "(B) a corporation organized under section 25A of the Federal Reserve Act (12 U.S.C. 611 et seq.), commonly known as an 'Edge Act corporation'; "(C) an institution that is regulated by the Farm Credit Administration; "(D) a Federal credit union or State credit union (as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752)); "(E) a depository institution (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)); "(F) a foreign bank or a branch or agency of a foreign bank (each as defined in section 1(b) of the International Banking Act of 1978 (12 U.S.C. 3101(b))); "(G) any financial holding company (as defined in section 2 of the Bank Holding Company Act of 1956); "(H) a trust company; or "(I) a similarly regulated subsidiary or affiliate of an entity described in any of subparagraphs (A) through (H)."; (5) by inserting after paragraph (20) (as redesignated by paragraph (1)) the following: "(21) HYBRID INSTRUMENT.—The term 'hybrid instrument' means a security having one or more payments indexed to the value, level, or rate of, or providing for the delivery of, one or more commodities."; (6) by striking paragraph (24) (as redesignated by paragraph (1)) and inserting the following: " (24) MEMBER OF A CONTRACT MARKET; MEMBER OF A DERIVATIVES TRANSACTION EXECUTION FACILITY.— The term 'member* means, with respect to a contract market or derivatives transaction execution facility, an individual, association, partnership, corporation, or trust— "(A) owning or holding membership in, or admitted to membership representation on, the contract market or derivatives transaction execution facility; or "(B) having trading privileges on the contract market or derivatives transaction execution facility. " (25) NARROW-BASED SECURITY INDEX.— "(A) The term 'narrow-based security index' means an index— "(i) that has 9 or fewer component securities; "(ii) in which a component security comprises more than 30 percent of the index's weighting; "(iii) in which the five highest weighted component securities in the aggregate comprise more than 60 percent of the index's weighting; or "(iv) in which the lowest weighted component securities comprising, in the aggregate, 25 percent of the index's weighting have an aggregate dollar value of average daily trading volume of less than $50,000,000 (or in the case of an index with 15 or more component securities, $30,000,000), except that if there are two

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