Definition of “Predominantly Engaged in Activities That Are Financial in Nature or Incidental Thereto”

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The Federal Deposit Insurance Corporation ("FDIC") is adopting a final rule that establishes criteria for determining if a company is predominantly engaged in "activities that are financial in nature or incidental thereto" for purposes of Title II of the Dodd- Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act" or the "Act"). A company that is predominantly engaged in such activities is a "financial company" for purposes of Title II of the Act ("Title II") unless it is one of the few entities specifically excepted by the Act. A financial company, other than an insured depository institution, may be subject to Title II's orderly liquidation authority if, among other things, it is determined that the failure of the company and its resolution under otherwise applicable law would have serious adverse effects on financial stability in the United States.