Section 403a.1. Definitions  


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  • The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

    Financial interest

    (i) An ownership, property, leasehold or other beneficial interest in an entity.

    (ii) The term does not include an interest which is held or deemed to be held in any of the following:

    (A) Securities that are held in a pension plan, profit-sharing plan, individual retirement account, tax sheltered annuity, a plan established pursuant to section 457 of the Internal Revenue Code of 1986 (26 U.S.C.A. § 457), or any successor provision, deferred compensation plan whether qualified or not qualified under the Internal Revenue Code of 1986, or any successor provision, or other retirement plan that:

    (I) Is not self-directed by the individual.

    (II) Is advised by an independent investment adviser who has sole authority to make investment decisions with respect to contributions made by the individual to these plans.

    (B) A tuition account plan organized and operated under section 529 of the Internal Revenue Code of 1986 (26 U.S.C.A. § 529) that is not self-directed by the individual.

    (C) A mutual fund where the interest owned by the mutual fund in a licensed entity does not constitute a controlling interest as defined in this part.

    Ownership interest—Owning or holding or being deemed to hold, debt or equity securities or other ownership interest or profit interest.