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C.__A bank or savings institution if its activities as a | broker-dealer are limited to those specified in Section | 3(a)(4)(B)(i) to (vi) and (viii) to (x); Section 3(a)(5)(B); | and Section 3(a)(5)(C) of the federal Securities Exchange Act | of 1934, 15 United States Code, Sections 78c(a)(4) and (5); |
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| D.__An international banking institution; or |
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| E.__Any other person the administrator excludes, by rule or | order, consistent with the public interest and protection of | investors. Rules adopted pursuant to this paragraph are | routine technical rules as defined in Title 5, chapter 375, | subchapter 2-A. |
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| | 5.__Depository institution. "Depository institution" means: |
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| B.__A savings institution, trust company, credit union or | similar institution that is organized or chartered under the | laws of a state or of the United States, authorized to | receive deposits and supervised and examined by an official | or agency of a state or the United States if its deposits or | share accounts are insured to the maximum amount authorized | by statute by the Federal Deposit Insurance Corporation, the | National Credit Union Share Insurance Fund or a successor | authorized by federal law. |
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| "Depository institution" does not include an insurance company or | other organization primarily engaged in the business of | insurance; a Morris Plan bank; or an industrial loan company. |
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| | 6.__Federal covered investment adviser. "Federal covered | investment adviser" means a person registered under the federal | Investment Advisers Act of 1940. |
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| | 7.__Federal covered security. "Federal covered security" means | a security that is, or upon completion of a transaction will be, | a covered security under Section 18(b) of the federal Securities | Act of 1933, 15 United States Code, Section 77r(b) or rules or | regulations adopted pursuant to that provision. |
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| | 8.__Filing. "Filing" means the receipt under this chapter of a | record by the administrator or a designee of the administrator. |
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| | 9.__Fraud; deceit; defraud. "Fraud," "deceit" and "defraud" | are not limited to common law deceit. |
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