Ind. Code § 5-13-9-3
Repurchase agreements; funds held by officer and available for investment; obligations held as collateral
(a) As used in this section, "repurchase agreement" means an agreement:
- (1) involving the purchase and guaranteed resale of securities between two (2) parties; and
(2) that may be entered into for a fixed term or arranged on an open or a continuing basis as a continuing contract that:
- (A) operates like a series of overnight repurchase agreements;
- (B) is renewed each day with the repurchase rate and the amount of funds invested determined daily; and
- (C) for purposes of this article, is considered to have a stated final maturity of one (1) day.
(b) Each officer designated in section 1 of this chapter may enter into, with any funds that are held by the officer and available for investment, repurchase agreements:
- (1) with depositories designated by the state board of finance as depositories for state deposits under IC 5-13-9.5 ; and
(2) involving the political subdivision's purchase and guaranteed resale of any interest-bearing obligations:
- (A) issued; or
(B) fully insured or guaranteed;
by the United States, a United States government agency, an instrumentality of the United States, or a federal government sponsored enterprise.
The depository shall determine daily that the amount of money in this type of agreement must be fully collateralized by interest-bearing obligations as determined by their current market value. The collateral for this type of agreement is not subject to the provisions of section 2(c) of this chapter.
- (c) If the market value of the obligations being held as collateral falls below the level required under subsection (b) or a higher level established by agreement, the depository shall deliver additional securities to the political subdivision to make the agreement collateralized to the applicable level. The collateral involved in a repurchase agreement entered into under this section is not subject to the maturity limitation provided in section 5.6 of this chapter.
- (d) A political subdivision may invest in repurchase agreements without entering into a contract under IC 5-13-11 for an investment cash management system.
As added by P.L.19-1987, SEC.11. Amended by P.L.49-1988, SEC.1; P.L.41-1996, SEC.1; P.L.18-1996, SEC.13; P.L.46-1997, SEC.10; P.L.134-2000, SEC.1.