| | | 14. Section 102(12): Insurance company: No Prior Provision. | | This definition is based on Securities Act of 1933 Section | | 2(a)(13). |
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| | | 15. Section 102(13): Insured: Prior Provision: RUSA Section | | 401(a)(2). The RUSA definition of "insured," which was solely | | applicable to exempt securities, applied to the insurance of "all | | or substantially all of principal, interest, or dividends." | | Section 102(13) is applicable generally but is limited to | | "payment of all principal and all interest." |
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| | | 16. Section 102(14): International banking institution: No | | Prior Provision. Securities issued or guaranteed by the | | International Bank for Reconstruction and Development, 22 U.S.C. | | Section 286k-1(a); the Inter-American Development Bank, 22 U.S.C. | | Section 283h(a); the Asian Development Bank, 22 U.S.C. Section | | 285h(a); the African Development Bank, 22 U.S.C. Section 290i-9; | | and the International Finance Corporation, see 22 U.S.C. Section | | 282k; are treated as exempt securities under Section 3(a)(2) of | | the Securities Act of 1933, see generally 3 Louis Loss & Joel | | Seligman, Securities Regulation 1191-1194 (3d ed. rev. 1999), and | | are within this term. |
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| | | 17. Section 102(15): Investment adviser: Prior Provisions: | | 1956 Act Section 401(f); RUSA Section 101(7). This term generally | | follows the definition in Section 202(a)(11) of the Investment | | Advisers Act of 1940, but has been updated to take into account | | new media such as the Internet. |
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| | | The first sentence in Section 102(15) is identical to the | | first sentence in the 1956 Act Section 401(f) and the counterpart | | language in Section 202(a)(11). The RUSA definition deleted the | | phrases "either directly or through publications or writings" and | | "regular" before business. These terms have been returned to | | Section 102(15) because of the intention that this definition be | | construed uniformly with the definition in Section 202(a)(11) of | | the Investment Advisers Act of 1940. This first sentence would | | not reach the author of a book who did not receive compensation | | as part of a regular business for providing investment advice. |
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| | | The second sentence in the term addressing financial planners | | is new. The purpose of this sentence is to achieve functional | | regulation of financial planners who satisfy the definition of | | investment adviser. Cf. Investment Advisers Act Release 1092, 39 | | SEC Dock. 494 (1987) (similar approach in Securities and Exchange | | Commission interpretative Release). This reference is not | | intended to preclude persons who hold a formally recognized | | financial planning or consulting designation or certification | | from using this designation. The use by a person of a title, | | designation or certification as a financial planner or |
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