In order for a depository to be a Permitted Depository:

1. (a) The depository must (subject to § 22.9) be one of the following types of entities:

   1. (1) A bank located in the United States;
   2. (2) A trust company located in the United States;
   3. (3) A Collecting Futures Commission Merchant registered with the Commission (but only with respect to a Depositing Futures Commission Merchant providing Cleared Swaps Customer Collateral); or
   4. (4) A derivatives clearing organization registered with the Commission; and
2. (b) The futures commission merchant or the derivatives clearing organization must hold a written acknowledgment letter from the depository as required by § 22.5 of this part.