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OP is missing “common enterprise” part of definition, which covers commodities. Security futures are securities (jointly managed by SEC and CFTC), commodity futures are not (as they are a derivative on a non-security). The main inconsistency is that bank loans are not securities.


Bank loan derivatives and packaged loan products are, however. It is simple debt sales that are not, which is reasonable.


Is a business loan syndicated to 50 institutional investors that different from a bond offering?




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