(a) The custodian may deposit a pledged security with one of the following institutions:
- (1) a Federal Reserve Bank;
- (2) a clearing corporation as defined by §8.102, Texas Business and Commerce Code;
- (3) a bank eligible to be a custodian under §367.23 of this title (relating to Deposit of Pledged Securities with Custodian); or
- (4) a state or nationally chartered bank that is controlled by a bank holding company that controls a bank eligible to be a custodian under §367.23 of this title.
- (b) The custodian may not deposit a pledged security with an eligible lending institution or an entity of which the eligible lending institution is a branch.
(c) If a deposit is made under subsection (a) of this section, the institution to which the deposit is made shall:
- (1) hold the pledged security to secure funds the board deposits with the eligible lending institution; and
- (2) on receipt of deposit, immediately issue to the custodian an advice of transaction or other document that is evidence of the deposit of the pledged security.
- (d) An institution may apply book entry procedures when an investment security held by a custodian is deposited under this section. The records must at all times state the name of the custodian that deposits an investment security in the institution.
Source Note:The provisions of this §367.24 adopted to be effective May 9, 2005, 30 TexReg 2680.