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Code · CFR · Title 17 — Commodity and Securities Exchanges · Part 247 — Regulation R—Exemptions and Definitions Related to the Exceptions for Banks from the Definition of Broker · § 247.780

§ 247.780. Exemption for banks from liability under section 29 of the Securities Exchange Act of 1934.

223 words·~1 min read·/us/cfr/t17/s§ 247.780·

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(a)No contract entered into before March 31, 2009, shall be void or considered voidable by reason of section 29(b) of the Act (15 U.S.C. 78cc(b)) because any bank that is a party to the contract violated the registration requirements of section 15(a) of the Act (15 U.S.C. 78o(a)), any other applicable provision of the Act, or the rules and regulations thereunder based solely on the bank's status as a broker when the contract was created.
(b)No contract shall be void or considered voidable by reason of section 29(b) of the Act (15 U.S.C. 78cc(b)) because any bank that is a party to the contract violated the registration requirements of section 15(a) of the Act (15 U.S.C. 78o(a)) or the rules and regulations thereunder based solely on the bank's status as a broker when the contract was created, if:
(1)At the time the contract was created, the bank acted in good faith and had reasonable policies and procedures in place to comply with section 3(a)(4)(B) of the Act (15 U.S.C. 78c(a)(4)(B)) and the rules and regulations thereunder; and
(2)At the time the contract was created, any violation of the registration requirements of section 15(a) of the Act by the bank did not result in any significant harm or financial loss or cost to the person seeking to void the contract.
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§ 247.780
Exemption for banks from liability under section 29 of the Securities Exchange Act of 1934.
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