Page:United States Statutes at Large Volume 92 Part 1.djvu/327

 PUBLIC LAW 95-283—MAY 21, 1978

92 STAT. 273

has been appointed and such proceeding was commenced before the date on which such application was filed, the term 'filing date' means the date on which such proceeding was commenced; or "(C) if the debtor is the subject of a direct payment procedure or was the subject of a direct payment procedure discontinued by SIPC pursuant to section 10(f), the term Ante, p. 266. 'filing date' means the date on which notice of such direct payment procedure was published under section 10(b). " (9) P'oREiGN SUBSIDIARY.—The term 'foreign subsidiary' means any subsidiary of a member of S I P C which has its principal place of business in a foreign country or which is organized under the laws of a foreign country. "(10)

GROSS REVENUES ITIOM: THE SECURITIES BUSINESS.—The

term 'gross revenues from the securities business' means the sum of (but without duplication) — "(A) commissions earned in connection with transactions in securities effected for customers as agent (net of commissions paid to other brokers and dealers in connection with such transactions) and markups with lespect to purchases or sales of securities as principal; "(B) charges for executing or clearing transactions in securities for other brokers and dealers; "(C) the net realized gain, if any, from principal transactions in securities in trading accounts; "(D) the net profit, if any, from the management of or participation in th& underwriting or distribution of securities; " (E) interest earned on customers' securities accounts; " (F) fees for investment advisory services (except when rendered to one or more registered investment companies or insurance company separate accounts) or account supervision with respect to securities; "(G) fees for the solicitation of proxies with respect to, or tenders or exchanges of, securities; " (H) income from service charges or other surcharges with respect to securities; " (I) except as otherwise provided by rule of the Commission, dividends and interest received on securities in investment accounts of the broker or dealer; " (J) fees in connection with put, call, and other option transactions in securities; " (K) commissions earned from transactions in (i) certificates of deposit, and (ii) Treasury bills, bankers acceptances, or commercial paper which have a matuiity at the time of issuance of not exceeding nine months, exclusive of days of grace, or any renewal thereof, the maturity of which is likewise limited, except that SIPC shall by bylaw include in the aggregate of gross levenues only an appropriate percentage of such commissions based on SIPC's loss experience with respect to such instruments over at least the preceding five years; and " (L) fees and other income from such other categories of the securities business as SIPC shall provide by bylaw. Such term does not include revenues received by a broker or dealer in connection with the distribution of shares of a resdstered

>,v\'

-

,

-<:'>

.

'••'•'•1?.''

�