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C.__A bank, credit union 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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