(d) Non-institutional customer means any customer other than:
- (1) A bank, savings association, insurance company, or registered investment company;
- (2) An investment adviser registered under section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-3); or
- (3) Any entity (whether a natural person, corporation, partnership, trust, or otherwise) with total assets of at least $50 million.