A "professional" means any natural person who is:
- registered or qualified in any capacity with the Securities and Exchange Commission, the Commodities Futures Trading Commission, any state securities agency, any securities exchange or association or any commodities or futures contract market or association; and
- engaged as an "investment advisor," as that term is defined in Section 202(a)(11) of the Investment Advisors Act of 1940 (whether registered or qualified under that Act); and
- employed by a bank or other organization exempt from registration under Federal and/or state securities laws to perform functions that would require him/her to be so registered or qualified if he/she were to perform such functions for an organization not so exempt.
Please note that the phrase "non-professional subscriber" applies to all other persons who do not meet the definition of a professional subscriber.
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A "non-professional" means any natural person who does NOT meet the definition of a professional subscriber.
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