---
kind: "section"
citation: "12 C.F.R. § 169.1"
title: "12"
number: "169.1"
heading: "Definitions."
url: "https://uscodex.org/cfr/12/169.1"
---

# §169.1. Definitions.


As used in this part:

- (a) **Security holder.**
  - (1) The term security holder means any person having the right to vote in the affairs of a savings association by virtue of:
    - (i) Ownership of any security of the association or
    - (ii) **Any indebtedness to the association.**
  - (2) For purposes of this part, the term security holder shall include any account holder having the right to vote in the affairs of a mutual savings association.
- (b) **Person.** The term person includes, in addition to natural persons, corporations, partnerships, pension funds, profit-sharing funds, trusts, and any other group of associated persons of whatever nature.
- (c) **Proxy.** The term proxy includes every form of authorization by which a person is, or may be deemed to be, designated to act for the security holder in the exercise of his or her voting rights in the affairs of a savings association. Such an authorization may take the form of failure to dissent or object.
- (d) **Solicit; solicitation.**
  - (1) **The terms <I>solicit</I> and <I>solicitation</I> refer to—**
    - (i) Any request for a proxy whether or not accompanied by or included in a form of proxy;
    - (ii) Any request to execute, not execute, or revoke a proxy; or
    - (iii) The furnishing of a form of proxy or other communication to security holders under circumstances reasonably calculated to result in the procurement, withholding, or revocation of a proxy.
  - (2) The terms do not apply, however, to the furnishing of a form of proxy to a security holder upon the request of such security holder or to the performance by any person of ministerial acts on behalf of a person soliciting a proxy.

## Notes

### Authority

Authority: Section 2, 48 Stat. 128, as amended (12 U.S.C. 1462); section 3, as added by section 301, 103 Stat. 278 (12 U.S.C. 1462a); section 4, as added by section 301, 103 Stat. 280 (12 U.S.C. 1463), 5412(b)(2)(B).

### Source

Source: 76 FR 49129, Aug. 9, 2011, unless otherwise noted.