Definitions

In this Act: (1) Amount of the transaction The term amount of the transaction means— (A) with respect to a purchase that violates this Act, the purchase price; and (B) with respect to the holding of an investment that violates this Act, the fair market value of the investment at the time of the violation. (2) Chinese company The term Chinese company means a company— (A) incorporated or otherwise organized in the People's Republic of China; (B) that has a majority of its assets or employees located in the People's Republic of China; (C) owned by, controlled by, or subject to the jurisdiction or direction of the government of the People’s Republic of China; (D) where a majority of the value of the company depends on the revenues, profits, market capitalization, assets, or the value of a security (including options to purchase or sell) of a company described in subparagraph (A), (B), or (C), as determined by the Securities and Exchange Commission; or (E) where a company described under subparagraph (A), (B), or (C) has control, as defined in section 230.405 of title 17, Code of Federal Regulations, of the company, as determined by the Securities and Exchange Commission. (3) Hedge fund The term hedge fund means an issuer that would be an investment company but for paragraph (1) or (7) of section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a–3(c)). (4) Index fund The term index fund means an investment company or hedge fund that is designed to track an index of securities or a portion of such an index. (5) Investment company The term investment company has the meaning given the term in section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a–3).