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as in subsection (a) of the first section of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act, to the extent that such section 5 applies to unfair methods of competition.

TITLE I—FINANCIAL STABILITY Financial
Stability Act of
2010.
SEC. 101. SHORT TITLE. 12 USC 5301
note.
This title may be cited as the ‘‘Financial Stability Act of 2010’’.

SEC. 102. DEFINITIONS. 12 USC 5311.
(a) IN GENERAL.—For purposes of this title, unless the context
otherwise requires, the following definitions shall apply:
(1) BANK HOLDING COMPANY.—The term ‘‘bank holding com-
pany’’ has the same meaning as in section 2 of the Bank
Holding Company Act of 1956 (12 U.S.C. 1841). A foreign
bank or company that is treated as a bank holding company
for purposes of the Bank Holding Company Act of 1956, pursu-
ant to section 8(a) of the International Banking Act of 1978
(12 U.S.C. 3106(a)), shall be treated as a bank holding company
for purposes of this title.
(2) CHAIRPERSON.—The term ‘‘Chairperson’’ means the
Chairperson of the Council.
(3) MEMBER AGENCY.—The term ‘‘member agency’’ means
an agency represented by a voting member of the Council.
(4) NONBANK FINANCIAL COMPANY DEFINITIONS.—
(A) FOREIGN NONBANK FINANCIAL COMPANY.—The term
‘‘foreign nonbank financial company’’ means a company
(other than a company that is, or is treated in the United
States as, a bank holding company) that is—
(i) incorporated or organized in a country other
than the United States; and
(ii) predominantly engaged in, including through
a branch in the United States, financial activities, as
defined in paragraph (6).
(B) U.S. NONBANK FINANCIAL COMPANY.—The term
‘‘U.S. nonbank financial company’’ means a company (other
than a bank holding company, a Farm Credit System
institution chartered and subject to the provisions of the
Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.), or a
national securities exchange (or parent thereof), clearing
agency (or parent thereof, unless the parent is a bank
holding company), security-based swap execution facility,
or security-based swap data repository registered with the
Commission, or a board of trade designated as a contract
market (or parent thereof), or a derivatives clearing
organization (or parent thereof, unless the parent is a
bank holding company), swap execution facility or a swap
data repository registered with the Commodity Futures
Trading Commission), that is—
(i) incorporated or organized under the laws of

LAWS the United States or any State; and (ii) predominantly engaged in financial activities, as defined in paragraph (6).PUBLIC with on anorris VerDate Nov 24 2008 00:54 Jul 29, 2010 Jkt 089139 PO 00203 Frm 00017 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL203.111 GPO1 PsN: PUBL203