Document ID: chunk:federal_register_of_legislation:C2025C00185:section:763e
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 763E
Character Range: 3018458–3019518

763E  What if a financial product is only incidental?
 (1) If:
 (a) something (the incidental product) that, but for this section, would be a financial product because of this Subdivision is:
 (i) an incidental component of a facility that also has other components; or
 (ii) a facility that is incidental to one or more other facilities; and
 (b) it is reasonable to assume that the main purpose of:
 (i) if subparagraph (a)(i) applies—the facility referred to in that subparagraph, when considered as a whole; or
 (ii) if subparagraph (a)(ii) applies—the incidental product, and the other facilities referred to in that subparagraph, when considered as a whole;
  is not a financial product purpose;
the incidental product is not a financial product because of this Subdivision (however, it may still be a financial product because of Subdivision C).
 (2) In this section:
financial product purpose means a purpose of:
 (a) making a financial investment; or
 (b) managing financial risk; or
 (c) making non‑cash payments.

Subdivision C—Specific inclusions