Section 177-D. Security loan agreements  


Latest version.
  • 1. A fund may enter into security
      loan agreements with broker-dealers and with New York state or  national
      banks  for  the  purpose  of prudently supplementing the income normally
      received from investments.
        2. The trustees of the funds involved shall monitor the  market  value
      of  the  loaned  marketable  securities  daily.  In  no  event shall the
      trustees allow the value of collateral posted to fall below  the  market
      value of the loaned marketable securities.
        3.  The term "security loan agreement", as used in this section, shall
      mean a written contract whereby a  fund  (the  lender)  agrees  to  lend
      marketable  securities  for  a  period  not to exceed one year, subject,
      however, to the following limitations:
        (a) The lender must retain the right to collect from the borrower  all
      dividends,  interest,  premiums,  rights, and any other distributions to
      which the lender would otherwise have been entitled,
        (b) The lender may waive the right to vote the securities  during  the
      term of the loan,
        (c)  The  lender  must retain the right to terminate the contract upon
      not more than five business days' notice.
        (d) The borrower shall provide collateral to the lender in the form of
      cash, bonds, or performance letters of  credit  drawn  on  a  bank  with
      capital, surplus and undivided earnings in excess of one hundred million
      dollars,  or  other interest-bearing notes and obligations of the United
      States or federal instrumentalities eligible for investment by a fund,
        (e)  The  security  loan  agreement  shall  provide  for  payment   of
      additional  collateral on a daily basis, or at such time as the value of
      the loaned marketable securities increases to agreed upon ratios.
        4. The term "marketable securities", as used in  this  section,  shall
      mean  securities  that  are  freely  traded  on  recognized exchanges or
      marketplaces.