SEC Finalizes Exemption for Bank Sweep Account From Brokerage Rules. As expected, the
SEC recently published its final "
Definitions of Terms and Exemptions Relating to the 'Broker' Exceptions For Banks" amendments to
section 3a-4 of the Securities and Exchange Act of 1934. The "
sweep exception" exempts a bank from the definition of "
broker" if it "
effects transactions as part of a program for the investment or re-investment of deposit funds into any no-load, open-end management investment company registered under the Investment Company Act that holds itself out as a money market fund." The SEC'
s "
Proposed Rule 740" defines the terms "
no-load" and "
money market fund" to "
provide guidance on the sweep exception".