As used in this subpart:
(a) Affiliate means a company that controls,
is controlled by, or is under common control with another company.
(b) Bank means a state member bank.
(c) Company means any corporation, partnership,
business trust, association or similar organization, or any other
trust (unless by its terms the trust must terminate within 25 years
or not later than 21 years and ten months after the death of individuals
living on the effective date of the trust). It does not include any
corporation the majority of the shares of which are owned by the United
States or by any state, or a qualified family partnership, as defined
in section 2(o)(10) of the Bank Holding Company Act of 1956, as amended
(12 USC 1841(o)(10)).
(d) Consumer means
an individual who purchases, applies to purchase, or is solicited
to purchase from you insurance products or annuities primarily for
personal, family, or household purposes.
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(e) Control of a company has the same meaning as in section 3(w)(5) of the Federal
Deposit Insurance Act (12 USC 1813(w)(5)).
(f) Domestic violence means the occurrence of one or more of the
following acts by a current or former family member, household member,
intimate partner, or caretaker:
(1) attempting to cause or causing or threatening
another person physical harm, severe emotional distress, psychological
trauma, rape, or sexual assault;
(2) engaging in a course of conduct or
repeatedly committing acts toward another person, including following
the person without proper authority, under circumstances that place
the person in reasonable fear of bodily injury or physical harm;
(3) subjecting another
person to false imprisonment; or
(4) attempting to cause or causing damage
to property so as to intimidate or attempt to control the behavior
of another person.
(g) Electronic
media includes any means for transmitting messages electronically
between you and a consumer in a format that allows visual text to
be displayed on equipment, for example, a personal computer monitor.
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(h) Office means the premises of a bank where retail
deposits are accepted from the public.
(i) Subsidiary has the same meaning as in section 3(w)(4) of the Federal Deposit
Insurance Act (12 USC 1813(w)(4)).
(j) (1) You means—
(i) a bank;
or
(ii) any other
person only when the person sells, solicits, advertises, or offers
an insurance product or annuity to a consumer at an office of the
bank or on behalf of a bank.
(2) For purposes of this definition, activities
on behalf of a bank include activities where a person, whether at
an office of the bank or at another location sells, solicits, advertises,
or offers an insurance product or annuity and at least one of the
following applies:
(i) the person represents to a consumer
that the sale, solicitation, advertisement, or offer of any insurance
product or annuity is by or on behalf of the bank;
(ii) if the bank refers a consumer to
a seller of insurance products or annuities and the bank has a contractual
arrangement to receive commissions or fees derived from the sale of
an insurance product or annuity resulting from that referral; or
(iii) documents evidencing
the sale, solicitation, advertising, or offer of an insurance product
or annuity identify or refer to the bank.
