23 CAR § 13-104. Terms not mutually exclusive

The terms defined in 23 CAR § 13-103 shall not be interpreted to be mutually exclusive. Example 1: As regards clearing corporations, an insurer may be a "direct participant" with a clearing corporation. In all other instances the insurer must use a "custodian" in order to gain access to a clearing corporation. If the insurer uses a bank as a "custodian", that bank might be a "direct participant" with a clearing corporation. Thus, the bank meets two definitions, "custodian" and "direct participant". Similarly the "custodian" bank might not be a "direct participant" with a clearing institution, and therefore, to participate in a clearing corporation, must use the services of an "agent" which "agent" maintains an account with a clearing corporation and thus the "agent" also meets the definition of "direct participant". Example 2: As regards the use of the Federal Reserve book-entry system, an insurer in all cases will utilize a "custodian". The "custodian" bank might also be a "member bank" and no "agent" should be necessary. If the "custodian" bank is not a "member bank" then the "custodian" bank could use the services of another bank which is a "member bank" to utilize the Federal Reserve book-entry system. Such a "member bank" would also be an "agent" as defined in 23 CAR § 13-103.