Section 124. Participation by certain corporations  


Latest version.
  • One or more insurance
      companies shall have the power to organize, or cause to be organized,  a
      redevelopment company formed pursuant to the provisions of this article,
      and  to  purchase  for  cash  or  to  receive  and  hold in exchange for
      property, and to own and control, the  stock  or  the  income  debenture
      certificates  or  both  of any redevelopment company and shall also have
      power to invest, singly or jointly, in a bond and first mortgage  or  in
      an  issue of bonds secured by mortgage or trust indenture constituting a
      first lien upon any project as provided in this  article.  An  insurance
      company, however, which owns stock or income debenture certificates of a
      redevelopment  company  and also owns bonds or a bond and mortgage or an
      interest in a bond and mortgage of the same redevelopment company  shall
      not, without the consent of the supervising agency, sell all or any part
      of  such bonds or such bond and mortgage or of its interest in such bond
      and mortgage unless it shall simultaneously sell  such  stock  and  such
      income debenture certificates owned by it.
        Notwithstanding  any  other  provision of law, an insurance company or
      companies operating a redevelopment project or owning all of  the  stock
      of a redevelopment company are hereby expressly authorized to enter into
      contracts contemplated by this article and to agree by contract with the
      municipality  not to sell, assign, or otherwise transfer such project or
      the stock, income debentures or mortgage  bonds  of  such  redevelopment
      company  during the period of tax exemption provided for by the contract
      pursuant to this article without the consent of  the  local  legislative
      body  of  the municipality. An insurance company or companies owning all
      of the stock of a redevelopment company are hereby expressly  authorized
      to make such capital contributions to any such redevelopment company, in
      cash  or by cancellation of securities or otherwise, as may be necessary
      to enable such redevelopment  company  to  comply  with  all  conditions
      precedent   to  its  dissolution  and  conveyance  of  its  property  in
      accordance with section one hundred twenty-three of  this  article,  and
      upon  dissolution  of  such  a  redevelopment  company,  to  acquire the
      project, complete the same if not theretofore  completed,  and  own  and
      operate the same as a permanent investment for such period as it or they
      may  deem desirable either directly or through acquisition and ownership
      of the capital stock of any corporation which may acquire title  to  the
      project pursuant to subdivision one of section one hundred twenty-three.
        An  insurance company, instead of investing its funds in the stock and
      debentures or other obligations of a redevelopment company, may  through
      direct ownership and/or lease acquire, own, construct, manage or operate
      as  an  investment for such period as it may deem desirable, one or more
      projects, in which event the provisions of subsection one of section one
      hundred twelve of this article  applicable  to  redevelopment  companies
      shall  be  applicable  to  such insurance company in its operations with
      respect to any such project but not otherwise. Said provisions  and  the
      ensuing  provision  of  this section shall cease to be applicable to any
      such project and to  such  insurance  company  in  its  operations  with
      respect  to  such project after termination of any tax exemption granted
      pursuant to section one hundred twenty-five of this article with respect
      to such project, whether such termination shall be by expiration  or  by
      any  other  cause,  or  in  the  event  that prior thereto the insurance
      company elects to pay the municipality the total of  all  accrued  taxes
      for  which  such  exemption  was  granted  and  received,  together with
      interest at the rate of five per centum per annum. If any  such  project
      shall be sold by an insurance company, the tax exemption with respect to
      such  project  shall  thereupon  cease  and  terminate  unless the local
      legislative body shall otherwise provide.
    
        Until the termination of any tax exemption granted pursuant to section
      one hundred twenty-five of this article or until the provisions of  this
      article shall otherwise cease to be applicable:
        1.  An insurance company shall be entitled to earn and retain annually
      on a cumulative  basis  in  respect  of  each  project  operated  by  it
      hereunder,  before  depreciation  but  after providing for all expenses,
      taxes and assessments attributable to such  project  or  to  the  income
      therefrom,  a sum equal to but not exceeding six per centum of the total
      actual final cost of the  project  as  defined  by  subdivision  two  of
      section one hundred twelve of this article.
        2.  Separate  accounts  shall  be kept for each project operated by an
      insurance company.
        3. If the income from  any  such  project  for  any  year,  after  all
      expenses,  taxes  and  assessments attributable thereto or to the income
      therefrom, shall be in excess of six per  centum  of  the  total  actual
      final  cost of such project as defined by subdivision two of section one
      hundred twelve of this article, such  excess  shall  be  credited  to  a
      special reserve account.
        4.  If  the  income  from  any  such  project  for any year, after all
      expenses, taxes and assessments attributable thereto or  to  the  income
      therefrom  shall  be less than six per centum of such total actual final
      cost, such deficiency shall be  charged  against  such  special  reserve
      account.
        The  amount  of  any  accrued  taxes  and  interest thereon paid by an
      insurance company pursuant  to  the  second  paragraph  of  section  one
      hundred  twenty-five of this article may be charged against such special
      reserve account. An amount equal to any balance remaining to the  credit
      of  such special reserve account on the termination of the period of tax
      exemption shall be paid into the general fund of the municipality.    If
      any project shall be conveyed to an insurance company in accordance with
      subdivision five of section one hundred twenty-three of this article, an
      amount  equal  to  all  accrued  and  unpaid  interest, amortization and
      dividends  on  the  stock  and  evidences   of   indebtedness   of   the
      redevelopment company theretofore accumulated in accordance with section
      one  hundred  seven of this article shall be charged against the special
      reserve account except to the extent  included  in  total  actual  final
      cost,  and any remaining cash surplus derived from earnings remaining in
      the treasury of the redevelopment company shall be transferred  to  such
      insurance  company  and  shall  be credited by it to the special reserve
      account provided for in this section applicable to such project.
        Except as specifically provided  herein  this  article  shall  not  be
      deemed  to limit or restrict any power or authority granted to insurance
      companies or to any other corporation or to any fiduciary by  any  other
      provision of law heretofore or hereafter enacted.