Sec. 3-13j. Third party fees in investments by Treasurer or quasi-public agencies.
Sec. 3-13j. Third party fees in investments by Treasurer or quasi-public agencies. (a) Prior to the Treasurer entering into a contract for investment services, as defined
in section 9-612, any person or entity who would be a party to that contract shall disclose
to the Treasurer, in writing, all third party fees attributable to such contract. Such disclosure shall be made by firms providing such services and shall be in a sworn affidavit in
a manner and form prescribed in regulations which shall be adopted by the Treasurer,
in accordance with the provisions of chapter 54, not later than three months after May
3, 2000. Information disclosed under this subsection shall be made available for public
inspection in accordance with the Freedom of Information Act, as defined in section
1-200.
(b) Prior to any quasi-public agency, as defined in section 1-120, entering into a
contract for investment services, as defined in section 9-612, any person or entity who
would be a party to that contract shall disclose to the quasi-public agency entering into
the contract, in writing, all third party fees attributable to such contract. Such disclosure
shall be made by firms providing such services and shall be in a sworn affidavit in a
manner and form as prescribed in procedures which shall be adopted by each such
agency, in accordance with the provisions of chapter 12, not later than three months
after May 3, 2000. Information disclosed under this subsection shall be made available
for public inspection in accordance with the Freedom of Information Act, as defined in
section 1-200.
(c) For purposes of this section and section 3-13k, "third party fees" includes, but
is not limited to, management fees, placement agent fees, solicitation fees, referral fees,
promotion fees, introduction or matchmaker fees, and due diligence fees.
(d) Any person who violates any provision of this section shall be liable for a civil
penalty not to exceed two thousand dollars for each violation.
(1) The Attorney General, upon complaint of the Treasurer, may bring an action in
the superior court for the judicial district of Hartford to recover such penalty for a violation of this section which affects a fund of the state. Any penalty imposed under this
section for a violation which affects any such fund shall be paid to the Treasurer who
shall deposit such moneys in such fund.
(2) Any quasi-public agency, as defined in section 1-120, may bring an action in
the superior court to recover such penalty for a violation of this section which affects
any fund under the control of such agency. Any penalty imposed under this section for
a violation which affects any such fund shall be paid to such agency which shall deposit
such moneys in such fund.
(P.A. 00-43, S. 5, 19.)
History: P.A. 00-43 effective May 3, 2000.