Page:United States Statutes at Large Volume 124.djvu/1826

 124 STAT. 1800 PUBLIC LAW 111–203—JULY 21, 2010 ‘‘(1) IN GENERAL.—No person permitted to maintain a suit for damages under the provisions of this title shall recover, through satisfaction of judgment in 1 or more actions, a total amount in excess of the actual damages to that person on account of the act complained of. Except as otherwise specifi- cally provided in this title, nothing in this title shall affect the jurisdiction of the securities commission (or any agency or officer performing like functions) of any State over any security or any person insofar as it does not conflict with the provisions of this title or the rules and regulations under this title. ‘‘(2) RULE OF CONSTRUCTION.—Except as provided in sub- section (f), the rights and remedies provided by this title shall be in addition to any and all other rights and remedies that may exist at law or in equity. ‘‘(3) STATE BUCKET SHOP LAWS.—No State law which pro- hibits or regulates the making or promoting of wagering or gaming contracts, or the operation of ‘bucket shops’ or other similar or related activities, shall invalidate— ‘‘(A) any put, call, straddle, option, privilege, or other security subject to this title (except any security that has a pari-mutuel payout or otherwise is determined by the Commission, acting by rule, regulation, or order, to be appropriately subject to such laws), or apply to any activity which is incidental or related to the offer, purchase, sale, exercise, settlement, or closeout of any such security; ‘‘(B) any security-based swap between eligible contract participants; or ‘‘(C) any security-based swap effected on a national securities exchange registered pursuant to section 6(b). ‘‘(4) OTHER STATE PROVISIONS.—No provision of State law regarding the offer, sale, or distribution of securities shall apply to any transaction in a security-based swap or a security futures product, except that this paragraph may not be construed as limiting any State antifraud law of general applicability. A security-based swap may not be regulated as an insurance contract under any provision of State law.’’. SEC. 768. AMENDMENTS TO THE SECURITIES ACT OF 1933; TREATMENT OF SECURITY-BASED SWAPS. (a) DEFINITIONS.—Section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b(a)) is amended— (1) in paragraph (1), by inserting ‘‘security-based swap,’’ after ‘‘security future,’’; (2) in paragraph (3), by adding at the end the following: ‘‘Any offer or sale of a security-based swap by or on behalf of the issuer of the securities upon which such security-based swap is based or is referenced, an affiliate of the issuer, or an underwriter, shall constitute a contract for sale of, sale of, offer for sale, or offer to sell such securities.’’; and (3) by adding at the end the following: ‘‘(17) The terms ‘swap’ and ‘security-based swap’ have the same meanings as in section 1a of the Commodity Exchange Act (7 U.S.C. 1a). ‘‘(18) The terms ‘purchase’ or ‘sale’ of a security-based swap shall be deemed to mean the execution, termination (prior to its scheduled maturity date), assignment, exchange, or