Louisiana Revised Statutes 39:1221 – Security for deposits; kinds
Terms Used In Louisiana Revised Statutes 39:1221
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
A. Local depositing authorities shall require as security for deposits:
(1) Bonds or other interest-bearing securities of the United States, or any agency thereof, including but not limited to the Federal National Mortgage Association, or bonds or other interest-bearing obligations guaranteed fully or partially as to principal and interest by the United States, or by any agency thereof; or bonds of any possession of the United States; or unmatured bonds of this state, including both direct and indirect obligations and also, including bonds or other interest-bearing obligations, whether supported by revenue or by the avails of taxes, of the state of Louisiana or of any agency, board, commission, department or division thereof or of any agency, public corporation or authority created by or recognized by the state of Louisiana; or unmatured bonds of any parish, municipality, levee board, road district, school board or school district of this state; or bonds of any parish, municipality, industrial district or industrial board which are secured by a lease executed in accordance with the provisions of La. Rev. Stat. 39:551.1, 551.2, 991, 992, or 1011 et seq. or La. Rev. Stat. 51:1151 et seq., as amended, and partially or fully guaranteed by the Louisiana Board of Commerce and Industry in accordance with the provisions of the Bond Lease Guarantee Act of the 1968 Regular Session of the Legislature.
(2) Certificates of indebtedness, including paving certificates, of any subdivision of this state referred to in Paragraph (1) of this Subsection.
(3) Promissory notes either of the authority letting the deposits or of any other authority referred to in Paragraph (1) of this Subsection, which notes must be either unmatured or payable on demand.
(4) Evidence of participation in such promissory notes issued by any bank, trust company, or recognized bank clearing house association domiciled in this state.
(5) Notes representing loans to students which are guaranteed by the Board of Regents in accordance with a contract agreement between the lender and the board under the provisions of La. Rev. Stat. 17:3021 et seq.
(6) Deposit guaranty bonds underwritten and guaranteed by an insurance company, licensed to do business in this state, listed as an approved surety by the United States Department of the Treasury, or private deposit insurance underwritten and issued by an insurer licensed to do business in this state, and approved for these purposes by the Interim Emergency Board, that provide coverage for deposits of depositing authorities in excess of the amounts insured by the Federal Deposit Insurance Corporation or any other governmental agency insuring bank or other financial institution deposits that is organized under the laws of the United States, and the form and content of which are approved in advance by the state treasurer.
(7) Notwithstanding any other law to the contrary, any obligation, security, or investment that a political subdivision of the state may invest in directly as provided in La. Rev. Stat. 33:2955, except as provided in Subsection B of this Section.
(8) Letters of credit issued by the Federal Home Loan Bank as authorized by La. Rev. Stat. 6:318 or 748.1.
(9) Any recognized system or program providing Federal Deposit Insurance Corporation insurance coverage as authorized by La. Rev. Stat. 6:319.
(10) Bonds, debentures, notes, or other indebtedness issued by a state of the United States of America other than Louisiana or any such state’s political subdivisions provided that the indebtedness has a long-term rating of A3 or higher by Moody’s Investors Service, a long-term rating of A- or higher by Standard & Poor’s or a long-term rating of A- or higher by Fitch Ratings, Inc., or a short-term rating of M1G1 or VM1G1 by Moody’s Investors Service, a short-term rating of A-1 or A-1+ by Standard & Poor’s, or a short-term rating of F1 or F1+ by Fitch Ratings, Inc.
(11) Bonds, debentures, notes, or other indebtedness issued by domestic United States corporations provided that the indebtedness has a long-term rating of Aa3 or higher by Moody’s Investors Service, a long-term rating of AA- or higher by Standard & Poor’s, or a long-term rating of AA- or higher by Fitch Ratings, Inc.
B. Notwithstanding any other law to the contrary, there shall be no limitation or restriction on the duration of the bonds, debentures, notes, or other indebtedness used as security for deposits under this Section.
Amended by Acts 1968, No. 218, §2; Acts 1968, No. 287, §1; Acts 2001, No. 752, §1; Acts 2019, No. 99, §1; Acts 2020, No. 289, §1; Acts 2023, No. 81, §2, eff. July 1, 2023.