N.Y.
Public Authorities Law Section 2925
Investments of funds by public authorities and public benefit corporations
- general provisions
1.
Every public authority and every public benefit corporation whether or not such corporation is otherwise governed by this chapter, (such entities to be hereinafter in this title referred to as “corporation”) shall by resolution adopt comprehensive investment guidelines which detail the corporation’s operative policy and instructions to officers and staff regarding the investing, monitoring and reporting of funds of the corporation. The investment guidelines approved by the corporation shall be annually reviewed and approved by the corporation.2.
Funds of the corporation, for purposes of this title, shall consist of all moneys and other financial resources available for investment by the corporation on its own behalf or on behalf of any other entity or individual.3.
The investment guidelines approved by the corporation shall include, but not be limited to the following:(a)
A detailed list of the permitted investments of the corporation, which shall be consistent with the appropriate provisions of law relating to the corporation and any additional requirements pursuant to any contract with bondholders and noteholders.(b)
Procedures and provisions to fully secure the corporation’s financial interest in investments; provided that the guidelines may include a description of the circumstances under which the corporation’s financial interest in investments may be less than fully secured.(c)
A requirement that the corporation shall enter into written contracts pursuant to which investments are made, unless the corporation shall by resolution determine that a written contract is not practical or that there is not a regular business practice of written contracts with respect to a specific investment or transaction, in which case the corporation shall adopt procedures covering such investment or transaction. Such contracts and procedures shall include provisions:(i)
deemed necessary and sufficient to secure in a satisfactory manner the corporation’s financial interest in each investment;(ii)
covering the use, type and amount of collateral or insurance for each investment;(iii)
establishing a method for valuation of collateral, and procedures for monitoring the valuation of such collateral on a regular basis;(iv)
for the monitoring, control, deposit and retention of investments and collateral which shall include, in the case of a repurchase agreement, a requirement that the obligations purchased be physically delivered for retention to the corporation or its agent (which shall not be an agent of the party with whom the corporation enters into such repurchase agreement), unless such obligations are issued in book-entry form, in which case the corporation shall take such other action as may be necessary to obtain title to or a perfected security interest in such obligations.(d)
Standards for the diversification of investments, including diversification with respect to types of investments and firms with which the corporation transacts business.(e)
Standards for the qualification of investment bankers, brokers, agents, dealers and other investment advisers and agents which transact business with the corporation, such as criteria covering quality, reliability, experience, capitalization, size and any other factors that, in the judgment of the corporation, make a firm qualified to transact business with the corporation.(f)
Provisions for reporting on the investments of the corporation, including provisions for an annual independent audit of all investments, the results of which shall be available to the board at the time the annual review and approval of investment guidelines is conducted by the corporation.4.
Each corporation shall have the power from time to time to amend such investment guidelines in accordance with the provisions of this title.5.
Each corporation shall direct the preparation and filing with the board of quarterly reports, or reports covering such other period as may be approved by the corporation, from a designated officer or employee regarding any new investments, the inventory of existing investments, and the selection of investment bankers, brokers, agents, dealers or auditors.6.
Each corporation shall annually prepare and approve an investment report which shall include the investment guidelines, as specified in subdivision three of this section, amendments to such guidelines since the last investment report, an explanation of the investment guidelines and amendments, the results of the annual independent audit, the investment income record of the corporation and a list of the total fees, commissions or other charges paid to each investment banker, broker, agent, dealer and adviser rendering investment associated services to the corporation since the last investment report. Such investment report may be a part of any other annual report that the corporation is required to make.7.
(a) Each corporation, a majority of the members of which consist of persons appointed by the governor or who serve as members by virtue of holding a civil office of the state, or a combination thereof, shall annually submit its investment report to the division of the budget and copies thereof to the department of audit and control, the senate finance committee and the assembly ways and means committee.(b)
Each corporation, other than a corporation included under paragraph (a) of this subdivision, shall annually submit its investment report to the chief executive officer and chief fiscal officer of each municipality for the benefit of which it was created and to the department of audit and control.(c)
Each corporation shall make available to the public copies of its investment report upon reasonable request therefor.8.
Nothing contained in this section shall be deemed to alter, affect the validity of, modify the terms of or impair any contract, agreement or investment of funds made or entered into in violation of, or without compliance with, the provisions of this title.
Source:
Section 2925 — Investments of funds by public authorities and public benefit corporations; general provisions, https://www.nysenate.gov/legislation/laws/PBA/2925 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
