Sec. 218.776 Exemption from the definition of "broker for banks effecting certain excepted or exempted transactions in a company’s securities for its employee benefit plans.

(a) A bank that meets the conditions for an exception or exemption from the definition of the term ‘‘broker’’ except for the condition in section 3(a)(4)(C)(i) of the Act (15 U.S.C. 78c(a)(4)(C)(i)), is exempt from such condition to the extent that it effects a transaction in the securities of a company directly with a transfer agent acting for the company that issued the security, if:

(1) No commission is charged with respect to the transaction;

(2) The transaction is conducted by the bank solely for the benefit of an employee benefit plan account;

(3) Any such security is obtained directly from:

(i) The company; or

(ii) An employee benefit plan of the company; and

(4) Any such security is transferred only to:

(i) The company; or

(ii) An employee benefit plan of the company.

(b) For purposes of this section, the term employee benefit plan account has the same meaning as in §___.760(h)(4).