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Title 15 — Commerce and Trade

Chapter 109 — Wall Street Transparency and Accountability

§ 8341. Authority to further define terms

Statutory text

The Securities and Exchange Commission may, by rule, further define—

(1)

the term “commercial risk”;

(2)

any other term included in an amendment to the Securities Exchange Act of 1934 1 (15 U.S.C. 78c(a)) made by this subtitle; and

(3)

the terms “security-based swap”, “security-based swap dealer”, “major security-based swap participant”, and “eligible contract participant”, with regard to security-based swaps (as such terms are defined in the amendments made by subsection (a)) for the purpose of including transactions and entities that have been structured to evade this subtitle or the amendments made by this subtitle.

Footnotes

  1. 1 So in original. Probably should be “section 3(a) of the Securities Exchange Act of 1934”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Wall Street Transparency and Accountability Act of 2010

    Pub. L. 111–203 title VII § 761(b) · 124 Stat. 1376

    Enacted · 15 U.S.C. § 8341

    (Pub. L. 111–203, title VII, § 761(b), July 21, 2010, 124 Stat. 1759.)

    Source evidence

    Code source credit
    (Pub. L. 111–203, title VII, § 761(b), July 21, 2010, 124 Stat. 1759.)

    Enacted provision · exact public law section
    (b) Authority To Further Define Terms.— The Securities and Exchange Commission may, by rule, further define— (1) the term “commercial risk”; (2) any other term included in an amendment to the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) made by this subtitle; and (3) the terms “security-based swap”, “security-based swap dealer”, “major security-based swap participant”, and “eligible contract participant”, with regard to security-based swaps (as such terms are defined in the amendments made by subsection (a)) for the purpose of including transactions and entities that have been structured to evade this subtitle or the amendments made by this subtitle.

1 of 1 references resolved to an enrolled provision

Editorial Notes

References in Text

This subtitle, referred to in pars. (2) and (3), is subtitle B (§§ 761–774) of title VII of Pub. L. 111–203, , 124 Stat. 1754, which enacted this subchapter and sections 78c–3 to 78c–5, 78j–2, 78m–1, and 78o–10 of this title, amended sections 77b, 77b–1, 77e, 77q, 78c, 78c–1, 78f, 78i, 78j, 78m, 78o, 78p, 78q–1, 78t, 78u–1, 78u–2, 78bb, 78dd, 78mm, 80a–2, and 80b–2 of this title, enacted provisions set out as a note under section 77b of this title, and amended provisions set out as a note under section 78c of this title. For complete classification of subtitle B to the Code, see Tables.

Subsection (a), referred to in par. (3), is subsec. (a) of section 761 of title VII of Pub. L. 111–203, , 124 Stat. 1754, which amended section 78c of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Provisions of subchapter effective on the later of 360 days after , or, to the extent the provision requires a rulemaking, not less than 60 days after publication of the final rule or regulation implementing such provision, see section 774 of Pub. L. 111–203, set out as an Effective Date of 2010 Amendment note under section 77b of this title.

Definition

For definition of “including” as used in this section, see section 5301 of Title 12, Banks and Banking.

Credits

(Pub. L. 111–203, title VII, § 761(b), , 124 Stat. 1759.)

Parsed from the official OLRC USLM XML in data/usc_all/usc15.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t15/s8341