Definisn’t: Difference between revisions

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{{a|plainenglish|}}The opposite of a definition. The most famous example is the definition of security-based swap from the Rules and Regulations of the Securities Exchange Act of 1934.
{{a|plainenglish|}}The opposite of a definition. The most famous example is the definition of security-based swap from the Rules and Regulations of the [[Securities Exchange Act of 1934]].


{{quote|The term [[security-based swap]]  ... does not include an [[agreement]], [[contract]], or [[transaction]] that is based on or references a qualifying foreign futures contract ... on the [[debt securities]] of any one or more of the foreign governments ... provided that such agreement, contract, or transaction satisfies the following conditions:
{{quote|“The term [[security-based swap]]  ... does not include an [[agreement]], [[contract]], or [[transaction]] that is based on or references a qualifying foreign futures contract ... on the [[debt securities]] of any one or more of the foreign governments ... provided that such agreement, contract, or transaction satisfies the following conditions: [[''there follows an interminable list of conditions'']”<ref>Marvel at the original — which appears to my dim old eyes to be missing a closing bracket, by the way — [https://www.law.cornell.edu/cfr/text/17/240.3a68-5 here].</ref>


:(a) The futures contract that the agreement, contract, or transaction references or upon which the agreement, contract, or transaction is based is a qualifying foreign futures contract that satisfies the conditions of § 240.3a12-8 applicable to qualifying foreign futures contracts;
We are left with the rather unsettling conclusion that anything else in the universe is, or could be, or it is not beyond that question that it could in suitable circumstances be considered as, or [[deemed]] to be, a [[security-based swap]]. A Cornish pasty; an echidna; a map of Tasmania; a motorised rick-shaw: all  are, or could be. security-based swaps.


:(b) The agreement, contract, or transaction is traded on or through a board of trade;
{{sa}}
 
:(c) The debt securities upon which the qualifying foreign futures contract is based or referenced and any security used to determine the cash settlement amount pursuant to paragraph (d) of this section were not registered under the [[Securities Act of 1933]] (or the subject of any [[American depositary receipt]] registered under the [[Securities Act of 1933]];
 
:(d) The agreement, contract, or transaction may only be cash settled; and
 
:(e) The agreement, contract or transaction is not entered into by the issuer of the debt securities upon which the qualifying foreign futures contract is based or referenced (including any security used to determine the cash payment due on settlement of such agreement, contract or transaction), an affiliate (as defined in the Securities Act of 1933 (15 U.S.C. 77 et seq.) and the rules and regulations thereunder) of the issuer, or an underwriter of such issuer’s debt securities.