; and (F) is not subject to statutory disqualification by reason of being— (i) expelled or suspended from— (I) an association that is registered as described in subparagraph (B); or (II) an association that is registered as a registered futures association under section 17 of the Commodity Exchange Act ( 7 U.S.C. 21 ); (ii) subject to an order of the Commission, other appropriate regulatory agency, or foreign financial regulatory authority denying, suspending, or revoking the registration of the broker or dealer as a regulated entity; (iii) subject to an order of the Commodity Futures Trading Commission, or other appropriate regulatory entity, denying, suspending, or revoking the registration of the broker or dealer under the Commodity Exchange Act ( 7 U.S.C. 1 et seq.) or the authority of the broker or dealer to engage in any transaction; or (iv) subject to a restraining order entered by a court. (6) Non-custody broker or dealer The term non-custody broker or dealer means 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) )), as applicable, that— (A) as of the last day of the most recently completed fiscal year of the broker or dealer— (i) has not less than one and not more than 150 persons registered with an association that is registered as a national securities association under section 15A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–3 ); (ii) is not a high frequency trading broker or dealer, as that term is defined by the Commission with respect to a particular registered firm type; and (iii) is not affiliated with an investment advisor that— (I) is registered with the Commission or a State entity; and (II) acts as the custodian for customer assets; (B) with respect to the average of the three most recently completed fiscal years of the broker or dealer, has gross revenue that enables the broker or dealer to qualify as a small business concern for the purposes of a program administered by the Small Business Administration