§ 5381. Definitions

967 words·~4 min read·/usc/title-12/section-5381

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(a)In general In this subchapter, the following definitions shall apply:

(1)Administrative expenses of the receiver The term “administrative expenses of the receiver” includes—

(A)the actual, necessary costs and expenses incurred by the Corporation as receiver for a covered financial company in liquidating a covered financial company; and

(B)any obligations that the Corporation as receiver for a covered financial company determines are necessary and appropriate to facilitate the smooth and orderly liquidation of the covered financial company.

(2)Bankruptcy Code The term “Bankruptcy Code” means title 11.

(3)Bridge financial company The term “bridge financial company” means a new financial company organized by the Corporation in accordance with section 5390(h) of this title for the purpose of resolving a covered financial company.

(4)Claim The term “claim” means any right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.

(5)Company The term “company” has the same meaning as in section 1841(b) of this title, except that such term includes any company described in paragraph (11), the majority of the securities of which are owned by the United States or any State.

(6)Court The term “Court” means the United States District Court for the District of Columbia, unless the context otherwise requires.

(7)Covered broker or dealer The term “covered broker or dealer” means a covered financial company that is a broker or dealer that—

(A)is registered with the Commission under section 78o(b) of title 15; and

(B)is a member of SIPC.

(8)Covered financial company The term “covered financial company”—

(A)means a financial company for which a determination has been made under section 5383(b) of this title; and

(B)does not include an insured depository institution.

(9)Covered subsidiary The term “covered subsidiary” means a subsidiary of a covered financial company, other than—

(A)an insured depository institution;

(B)an insurance company; or

(C)a covered broker or dealer.

(10)Definitions relating to covered brokers and dealers The terms “customer”, “customer name securities”, “customer property”, and “net equity” in the context of a covered broker or dealer, have the same meanings as in section 78lll of title 15.

(11)Financial company The term “financial company” means any company that—

(A)is incorporated or organized under any provision of Federal law or the laws of any State;

(B)is—

(i)a bank holding company, as defined in section 1841(a) of this title;

(ii)a nonbank financial company supervised by the Board of Governors;

(iii)any company that is predominantly engaged in activities that the Board of Governors has determined are financial in nature or incidental thereto for purposes of section 1843(k) of this title other than a company described in clause

(i)or (ii); or

(iv)any subsidiary of any company described in any of clauses

(i)through

(iii)that is predominantly engaged in activities that the Board of Governors has determined are financial in nature or incidental thereto for purposes of section 1843(k) of this title (other than a subsidiary that is an insured depository institution or an insurance company); and

(C)is not a Farm Credit System institution chartered under and subject to the provisions of the Farm Credit Act of 1971, as amended (12 U.S.C. 2001 et seq.), a governmental entity, or a regulated entity, as defined under section 4502(20) of this title.

(12)Fund The term “Fund” means the Orderly Liquidation Fund established under section 5390(n) of this title.

(13)Insurance company The term “insurance company” means any entity that is—

(A)engaged in the business of insurance;

(B)subject to regulation by a State insurance regulator; and

(C)covered by a State law that is designed to specifically deal with the rehabilitation, liquidation, or insolvency of an insurance company.

(14)Nonbank financial company The term “nonbank financial company” has the same meaning as in section 5311(a)(4)(C) of this title.

(15)Nonbank financial company supervised by the Board of Governors The term “nonbank financial company supervised by the Board of Governors” has the same meaning as in section 5311(a)(4)(D) of this title.

(16)SIPC The term “SIPC” means the Securities Investor Protection Corporation.

(b)Definitional criteria For purpose of the definition of the term “financial company” under subsection (a)(11), no company shall be deemed to be predominantly engaged in activities that the Board of Governors has determined are financial in nature or incidental thereto for purposes of section 1843(k) of this title, if the consolidated revenues of such company from such activities constitute less than 85 percent of the total consolidated revenues of such company, as the Corporation, in consultation with the Secretary, shall establish by regulation. In determining whether a company is a financial company under this subchapter, the consolidated revenues derived from the ownership or control of a depository institution shall be included.

(Pub. L. 111–203, title II, § 201, July 21, 2010, 124 Stat. 1442.)

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