§ 48.2 Definitions. In addition to the definitions in this section, for purposes of this part, the following terms have the same meaning as in the Commodity Exchange Act: “Affiliated person of a futures commission merchant”; “associated person”; “contract of sale”; “commodity”; “eligible contract participant”; “futures commission merchant”; “future delivery”; “option”; “security”; and “security futures product”. *Affiliate* has the same meaning as in section 2(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(k)).
*Commodity Exchange Act* means the Commodity Exchange Act (7 U.S.C. 1 *et seq.*).
*Federal savings association* means a Federal savings association or Federal savings bank chartered under section 5 of the Home Owners' Loan Act (12 U.S.C. 1464) or an operating subsidiary thereof.
*Forex* means foreign exchange.
*Identified banking product* has the same meaning as in section 401(b) of the Legal Certainty for Bank Products Act of 2000 (7 U.S.C. 27(b)).
Institution-affiliated party or IAP has the same meaning as in section 3(u)(1), (2), or (3) of the Federal Deposit Insurance Act (12 U.S.C. 1813(u)(1), (2), or (3)).
*Introducing broker* means any person that solicits or accepts orders from a retail forex customer in connection with retail forex transactions.
*National bank* means: ( 1 ) A national bank;
( 2 ) A Federal branch or agency of a foreign bank, each as defined in 12 U.S.C. 3101; and
( 3 ) An operating subsidiary of a national bank or an operating subsidiary of a Federal branch or agency of a foreign bank.
*Related person,* when used in reference to a retail forex counterparty, means: ( 1 ) Any general partner, officer, director, or owner of 10 percent or more of the capital stock of the retail forex counterparty;
( 2 ) An associated person or employee of the retail forex counterparty, if the retail forex counterparty is not a national bank;
( 3 ) An IAP of the retail forex counterparty, if the retail forex counterparty is a national bank; and
( 4 ) A relative or spouse of any of the foregoing persons, or a relative of such spouse, who shares the same home as any of the foregoing persons.
*Retail foreign exchange dealer* means any person other than a retail forex customer that is, or that offers to be, the counterparty to a retail forex transaction, except for a person described in item (aa), (bb), (cc)(AA), (dd), or (ff) of section 2(c)(2)(B)(i)(II) of the Commodity Exchange Act (7 U.S.C. 2(c)(2)(B)(i)(II)).
*Retail forex account* means the account of a retail forex customer, established with a national bank, in which retail forex transactions with the national bank as counterparty are undertaken, or the account of a retail forex customer that is established in order to enter into such transactions.
*Retail forex account agreement* means the contractual agreement between a national bank and a retail forex customer that contains the terms governing the customer's retail forex account with the national bank.
*Retail forex business* means engaging in one or more retail forex transactions with the intent to derive income from those transactions, either directly or indirectly.
*Retail forex counterparty* includes, as appropriate: ( 1 ) A national bank;
( 2 ) A retail foreign exchange dealer;
( 3 ) A futures commission merchant; and
( 4 ) An affiliated person of a futures commission merchant.
*Retail forex customer* means a customer that is not an eligible contract participant, acting on his, her, or its own behalf and engaging in retail forex transactions.
*Retail forex obligation* means an obligation of a retail forex customer with respect to a retail forex transaction, including trading losses, fees, spreads, charges, and commissions.
*Retail forex proprietary account* means: A retail forex account carried on the books of a national bank for one of the following persons; a retail forex account of which 10 percent or more is owned by one of the following persons; or a retail forex account of which an aggregate of 10 percent or more of which is owned by more than one of the following persons: ( 1 ) The national bank;
( 2 ) An officer, director, or owner of 10 percent or more of the capital stock of the national bank; or
( 3 ) An employee of the national bank, whose duties include: ( i ) The management of the national bank's business;
( ii ) The handling of the national bank's retail forex transactions;
( iii ) The keeping of records, including without limitation the software used to make or maintain those records, pertaining to the national bank's retail forex transactions; or
( iv ) The signing or co-signing of checks or drafts on behalf of the national bank;
( 4 ) A spouse or minor dependent living in the same household as any of the foregoing persons; or
( 5 ) An affiliate of the national bank.
*Retail forex transaction* means an agreement, contract, or transaction in foreign currency, other than an identified banking product or a part of an identified banking product, that is offered or entered into by a national bank with a person that is not an eligible contract participant and that is: ( 1 ) A contract of sale of a commodity for future delivery or an option on such a contract;
( 2 ) An option, other than an option executed or traded on a national securities exchange registered pursuant to section 6(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78(f)(a)); or
( 3 ) Offered or entered into on a leveraged or margined basis, or financed by a national bank, its affiliate, or any person acting in concert with the national bank or its affiliate on a similar basis, other than: ( i ) A security that is not a security futures product as defined in section 1a(47) of the Commodity Exchange Act (7 U.S.C. 1a(47)); or
( ii ) A contract of sale that: ( A ) Results in actual delivery within two days; or
( B ) Creates an enforceable obligation to deliver between a seller and buyer that have the ability to deliver and accept delivery, respectively, in connection with their line of business; or
( iii ) An agreement, contract, or transaction that the OCC determines is not functionally or economically similar to: ( A ) A contract of sale of a commodity for future delivery or an option on such a contract; or
( B ) An option, other than an option executed or traded on a national securities exchange registered pursuant to section 6(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78(f)(a)).
[76 FR 41384, July 14, 2011, as amended at 76 FR 56096, Sept. 12, 2011]