; (bb) market making; (cc) activities of a broker or dealer, as those terms are defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ); (dd) activities of a futures commission merchant; (ee) activities of an investment adviser or investment company, as those terms are defined in section 202(a) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2(a) ) and section 3(a)(1) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3(a)(1) ), respectively; or (ff) hedge fund or private equity investments in the securities of either privately or publicly held companies; and (II) does not include a bank that, pursuant to its authorized trust and fiduciary activities— (aa) purchases and sells investments for the account of its customers; or (bb) provides financial or investment advice to its customers. (iv) Swaps entity The term swaps entity means any swap dealer, security-based swap dealer, major swap participant, or major security-based swap participant, that is registered under— (I) the Commodity Exchange Act ( 7 U.S.C. 1 et seq.)