; and (II) disclosing any compensation in writing to the party. (vi) Represents both the buyer and the seller in the same transaction without— (I) providing clear written disclosure with respect to the parties the broker represents; and (II) obtaining written consent from both parties to the joint representation. (vii) Facilitates a transaction with a group of buyers formed with the assistance of the M&A broker to acquire the eligible privately held company. (viii) (I) Engages in a transaction involving the transfer of ownership of an eligible privately held company to a passive buyer or group of passive buyers. (II) For purposes of subclause (I), a buyer that is actively involved in managing the acquired company described in that subclause may not be construed to be a passive buyer, without regard to whether that buyer is owned by passive beneficial owners. (ix) Binds a party to a transfer of ownership of an eligible privately held company. (D) Disqualifications An M&A broker shall not be eligible for an exemption under this paragraph if the broker is subject to— (i) suspension or revocation of the registration of the broker under paragraph (4); (ii) a statutory disqualification described in section 3(a)(39); (iii) a disqualification under the rules adopted by the Commission under section 926 of the Investor Protection and Securities Reform Act of 2010 ( 15 U.S.C. 77d note); or (iv) a final order described in paragraph (4)(H). (E) Rule of construction Nothing in this paragraph may be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of— (i) this title