27-105-315 - Qualification as depository.
§ 27-105-315. Qualification as depository.
(1) Any financial institution in a county, or in an adjoining county where there is no financial institution in the county qualifying, whose accounts are insured by the Federal Deposit Insurance Corporation or any successors to that insurance corporation may qualify as a county depository, if the institution qualifies as a public funds depository under Section 27-105-5 or a public funds guaranty pool member under Sections 27-105-5 and 27-105-6. The qualified financial institution shall secure those deposits by placing qualified securities on deposit with the State Treasurer as provided in Section 27-105-5.
(2) Notwithstanding the foregoing, any financial institution whether or not meeting the prescribed ratio requirement whose accounts are insured by the Federal Deposit Insurance Corporation or any successors to that insurance corporation, may receive county funds in an amount not exceeding the amount that is insured by that insurance corporation and may qualify as a county depository to the extent of that insurance.
(3) For purposes of the foregoing subsection (2), a deposit or investment shall be within the amount that is insured by that insurance corporation if the deposit or investment is made on the following conditions:
(a) The financial institution arranges for the investment of the funds in book entry certificates of deposit in one or more banks or savings and loan associations wherever located in the United States, for the account of the public depositor;
(b) The full amount of the principal and accrued interest of each such certificate of deposit is insured by the Federal Deposit Insurance Corporation;
(c) The financial institution acts as custodian for the public depositor with respect to the certificates of deposit issued for the public depositor's account; and
(d) At the same time that such certificates of deposit are issued, the financial institution receives an amount of deposits from customers of other financial institutions located in the United States equal to or greater than the amount of the funds invested by the public depositor through the financial institution.
Sources: Codes, Hemingway's 1917, § 4240; 1930, § 4346; 1942, § 9150; Laws, 1912, ch. 194; Laws, 1918, ch. 187; Laws, 1934, chs. 211, 212; Laws, 1936, ch. 168; Laws, 1948, ch. 463, § 1; Laws, 1980, ch. 367; Laws, 1985, ch. 312, § 3; Laws, 1985, ch. 514, § 10; Laws, 1988, ch. 473, § 8; Laws, 2000, ch. 408, § 7; Laws, 2007, ch. 426, § 7, eff from and after passage (approved Mar. 22, 2007.)