17 CFR §240.3b-18
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
For the purposes of section 3(a)(5)(C) of the Act (15 U.S.C. 78c(a)(5)(C):
- (a)The term affiliate means any company that controls, is controlled by, or is under common control with another company.
- (b)The term consumer-related receivable means any obligation incurred by any natural person to pay money arising out of a transaction in which the money, property, insurance, or services (being purchased) are primarily for personal, family, or household purposes.
- (c)The term member as it relates to the term “syndicate of banks” means a bank that is a participant in a syndicate of banks and together with its affiliates, other than its broker or dealer affiliates, originates no less than 10% of the value of the obligations in a pool of obligations used to back the securities issued through a grantor trust or other separate entity.
- (d)The term obligation means any note, draft, acceptance, loan, lease, receivable, or other evidence of indebtedness that is not a security issued by a person other than the bank.
- (e)The term originated means:
- (1)Funding an obligation at the time that the obligation is created; or
- (2)Initially approving and underwriting the obligation, or initially agreeing to purchase the obligation, provided that:
- (i)The obligation conforms to the underwriting standards or is evidenced by the loan documents of the bank or its affiliates, other than its broker or dealer affiliates; and
- (ii)The bank or its affiliates, other than its broker or dealer affiliates, fund the obligation in a timely manner, not to exceed six months after the obligation is created.
- (f)The term pool means more than one obligation or type of obligation grouped together to provide collateral for a securities offering.
- (g)The term predominantly originated means that no less than 85% of the value of the obligations in any pool were originated by:
- (1)The bank or its affiliates, other than its broker or dealer affiliates; or
- (2)Banks that are members of a syndicate of banks and affiliates of such banks, other than their broker or dealer affiliates, if the obligations or pool of obligations consist of mortgage obligations or consumer-related receivables.
- (3)For this purpose, the bank and its affiliates include any financial institution with which the bank or its affiliates have merged but does not include the purchase of a pool of obligations or the purchase of a line of business.
- (h)The term syndicate of banks means a group of banks that acts jointly, on a temporary basis, to issue through a grantor trust or other separate entity, securities backed by obligations originated by each of the individual banks or their affiliates, other than their broker or dealer affiliates.