110 STAT. 3448 PUBLIC LAW 104–290—OCT. 11, 1996
dealer’, ‘clearing agency’, or ‘transfer agent’ for purposes of this
title—
‘‘(1) solely because such plan, company, person, or entity
buys, holds, sells, trades in, or transfers securities or acts
as an intermediary in making payments in connection with
transactions in securities for its own account in its capacity
as trustee or administrator of, or otherwise on behalf of, or
for the account of, any church plan, company, or account that
is excluded from the definition of an investment company under
section 3(c)(14) of the Investment Company Act of 1940; and
‘‘(2) if no such person or entity receives a commission
or other transaction-related sales compensation in connection
with any activities conducted in reliance on the exemption
provided by this subsection.’’.
(d) A
MENDMENT TO THE
I
NVESTMENT
A
DVISERS
A
CT OF
1940.—
Section 203(b) of the Investment Advisers Act of 1940 (15 U.S.C.
80b–3(b)) is amended—
(1) in paragraph (3), by striking ‘‘or’’ at the end;
(2) in paragraph (4), by striking the period at the end
and inserting ‘‘; or’’; and
(3) by adding at the end the following new paragraph:
‘‘(5) any plan described in section 414(e) of the Internal
Revenue Code of 1986, any person or entity eligible to establish
and maintain such a plan under the Internal Revenue Code
of 1986, or any trustee, director, officer, or employee of or
volunteer for any such plan or person, if such person or entity,
acting in such capacity, provides investment advice exclusively
to, or with respect to, any plan, person, or entity or any com-
pany, account, or fund that is excluded from the definition
of an investment company under section 3(c)(14) of the Invest-
ment Company Act of 1940.’’.
(e) A
MENDMENT TO THE
T
RUST
I
NDENTURE
A
CT OF
1939.—
Section 304(a)(4)(A) of the Trust Indenture Act of 1939 (15 U.S.C.
77ddd(4)(A)) is amended by striking ‘‘or (11)’’ and inserting ‘‘(11),
or (14)’’.
(f) P
ROTECTION OF
C
HURCH
E
MPLOYEE
B
ENEFIT
P
LANS
U
NDER
S
TATE
L
AW
.—
(1) R
EGISTRATION REQUIREMENTS
.—Any security issued
by or any interest or participation in any church plan, company,
or account that is excluded from the definition of an investment
company under section 3(c)(14) of the Investment Company
Act of 1940, as added by subsection (a) of this section, and
any offer, sale, or purchase thereof, shall be exempt from any
law of a State that requires registration or qualification of
securities.
(2) T
REATMENT OF CHURCH PLANS
.—No church plan
described in section 414(e) of the Internal Revenue Code of
1986, no person or entity eligible to establish and maintain
such a plan under the Internal Revenue Code of 1986, no
company or account that is excluded from the definition of
an investment company under section 3(c)(14) of the Investment
Company Act of 1940, as added by subsection (a) of this section,
and no trustee, director, officer, or employee of or volunteer
for any such plan, person, entity, company, or account shall
be required to qualify, register, or be subject to regulation
as an investment company or as a broker, dealer, investment
adviser, or agent under the laws of any State solely because
15 USC 80a–3
note.