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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) A securities lending program is an authorized investment under this subchapter if it meets the conditions provided by this section.
(b) To qualify as an authorized investment under this subchapter:
(1) the value of securities loaned under the program must be not less than 100 percent collateralized, including accrued income;
(2) a loan made under the program must allow for termination at any time;
(3) a loan made under the program must be secured by:
(A) pledged securities described by Section 2256.009;
(B) pledged irrevocable letters of credit issued by a bank that is:
(i) organized and existing under the laws of the United States or any other state; and
(ii) continuously rated by at least one nationally recognized investment rating firm at not less than A or its equivalent; or
(C) cash invested in accordance with Section:
(i) 2256.009;
(ii) 2256.013;
(iii) 2256.014; or
(iv) 2256.016;
(4) the terms of a loan made under the program must require that the securities being held as collateral be:
(A) pledged to the investing entity;
(B) held in the investing entity's name; and
(C) deposited at the time the investment is made with the entity or with a third party selected by or approved by the investing entity;
(5) a loan made under the program must be placed through:
(A) a primary government securities dealer, as defined by 5 C.F.R. Section 6801.102(f), as that regulation existed on September 1, 2003; or
(B) a financial institution doing business in this state; and
(6) an agreement to lend securities that is executed under this section must have a term of one year or less.
Cite this article: FindLaw.com - Texas Government Code - GOV'T § 2256.0115. Authorized Investments: Securities Lending Program - last updated January 01, 2024 | https://codes.findlaw.com/tx/government-code/gov-t-sect-2256-0115/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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