; and (4) by adding at the end the following: (IV) bank holding companies (as defined in section 2 of the Bank Holding Company Act of 1956) that have aggregated assets, including the assets of their subsidiaries, of $10,000,000,000 or less; and (V) savings and loan holding companies (as defined in section 10 of the Home Owners’ Loan Act of 1933) that have aggregated assets, including the assets of their subsidiaries, of $10,000,000,000 or less. . 108. Exemption of qualified charitable organizations from regulation as commodity pool operators Section 4m of the Commodity Exchange Act ( 7 U.S.C. 6m ) is amended to read as follows: 4m. Use of mails or other means or instrumentalities of interstate commerce by commodity trading advisors and commodity pool operators (a) Prohibition It shall be unlawful for any commodity trading advisor or commodity pool operator, unless registered under this Act, to make use of the mails or any means or instrumentality of interstate commerce in connection with his business as the commodity trading advisor or commodity pool operator. (b) Exceptions (1) In general Subsection (a) shall not apply to a commodity trading advisor whose commodity trading advice is solely incidental to the conduct of that person’s business, and who is a— (A) dealer, processor, broker, or seller in cash market transactions of any commodity specifically set forth in section 2(a) of this Act before the enactment of the Commodity Futures Trading Commission Act of 1974 (or products thereof)