(a) Municipal Securities Dealer Activities.
(i) A separately identifiable department or division of a bank, as such term is used in section 3(a)(30) of the Act, is that unit of the bank which conducts all of the activities of the bank relating to the conduct of business as a municipal securities dealer ("municipal securities dealer activities"), as such activities are hereinafter defined, provided that:
(A) Such unit is under the direct supervision of an officer or officers designated by the board of directors of the bank as responsible for the day-to-day conduct of the bank's municipal securities dealer activities, including the supervision of all bank employees engaged in the performance of such activities; and
(B) There are separately maintained in or separately extractable from such unit's own facilities or the facilities of the bank, all of the records relating to the bank's municipal securities dealer activities, and further provided that such records are so maintained or otherwise accessible as to permit independent examination thereof and enforcement of applicable provisions of the Act, the rules and regulations thereunder and the rules of the Board.
(ii) For purposes of this rule, the activities of the bank which shall constitute municipal securities dealer activities are as follows:
(A) underwriting, trading and sales of municipal securities;
(B) financial advisory and consultant services for issuers in connection with the issuance of municipal securities;
(C) processing and clearance activities with respect to municipal securities;
(D) research and investment advice with respect to municipal securities;
(E) any activities other than those specifically enumerated above which involve communication, directly or indirectly, with public investors in municipal securities; and
(F) maintenance of records pertaining to the activities described in paragraphs (A) through (E) above;
provided, however, that the activities enumerated in paragraphs (D) and (E) above shall be limited to such activities as they relate to the activities enumerated in paragraphs (A) and (B) above.
(iii) The fact that directors and senior officers of the bank may from time to time set broad policy guidelines affecting the bank as a whole and which are not directly related to the day-to-day conduct of the bank's municipal securities dealer activities, shall not disqualify the unit hereinbefore described as a separately identifiable department or division of the bank or require that such directors or officers be considered as part of such unit.
(iv) The fact that the bank’s municipal securities dealer activities are conducted in more than one geographic organizational or operational unit of the bank shall not preclude a finding that the bank has a separately identifiable department or division for purposes of this rule, provided, however, that all such units are identifiable and that the requirements of paragraphs (A) and (B) of section (i) of this rule are met with respect to each such unit. All such geographic, organizational or operational units of the bank shall be considered in the aggregate as the separately identifiable department or division of the bank for purposes of this rule.
(b) Municipal Advisory Activities. For purposes of its municipal advisory activities, the term “separately identifiable department or division of a bank” shall have the same meaning as used in 17 CFR 240.15Ba1-1(d)(4).