New Jersey Administrative Code
Title 3 - BANKING
Chapter 11 - INVESTMENTS
Subchapter 8 - SAVINGS BANKS INVESTMENT SECURITIES
Section 3:11-8.1 - Investment securities
Universal Citation: NJ Admin Code 3:11-8.1
Current through Register Vol. 56, No. 18, September 16, 2024
(a) In addition to investments otherwise authorized in Article 25 of the Banking Act of 1948, as amended, savings banks are further authorized to invest in the following securities:
1. Bonds, debentures, notes or
other obligations of any business corporation, except bank holding companies,
which are defined in (a)3 below, organized under the laws of the United States
or any state therein; provided, however, such investment security has received
a quality rating in any of the first three quality classifications issued by
Moody's Investors Service, Inc., Standard & Poor's Corporation, or Fitch
Investors Service, Inc., or has received a quality rating in the first seven
quality classifications issued by Duff and Phelps, Inc. If such investment
security shall be of a type commonly denominated as "commercial paper" such
obligation shall have received a quality rating of P-1 by Moody's Investors
Service, Inc., A-1 by Standard & Poor's Corporation, F-1 by Fitch Investors
Service, Inc., or Duff 1 plus or minus.
2. Bonds, debentures, notes and bankers
acceptances issued by any banking institution, excluding a savings bank, as
defined in section 1(2) of N.J.S.A. 17:9A, which banking institution at the
date of its last published statement preceding the date of investment had a
combined total of capital stock, surplus, reserve for contingencies and
undivided profits equal to at least $ 40 million and also equal to at least
five percent of its aggregated deposit liability;
3. Bonds, debentures, notes and bankers
acceptances issued by any bank holding company authorized to do business in New
Jersey which is registered as a bank holding company under the provisions of
the act of Congress, known as the Bank Holding Company Act of 1956 (act of May
9, 1956, 70 stat. 133), as amended. Such holding company must have as of the
date of its last published statement preceding the date of investment a
combined total of capital stock, surplus, reserve for contingencies and
undivided profits equal to at least $ 40 million and also equal to at least
five percent of its aggregate deposit liability;
4. Bonds, notes, debentures or other
obligations issued or insured or guaranteed by any agency, authority,
instrumentality or corporate body created by and for the United States
Government whether or not such obligations are guaranteed by the United
States;
5. Bonds, notes, debentures
or other obligations issued or insured or guaranteed by any agency, authority,
instrumentality or corporated body created by and for the State of New Jersey
whether or not such obligations are guaranteed by the State of New
Jersey.
(b) All investments by savings banks pursuant to the provisions of this subchapter shall be subject to the following conditions and limitations:
1. No savings bank shall make an investment
in any investment security issued by an individual business corporation when
the making of such investment will cause the aggregate liability of such
corporation to such savings bank in any capacity to exceed five percent of the
total indebtedness of such corporation, or two percent of the assets of such
savings bank, whichever amount is lesser;
2. The board of managers shall at all times
exercise reasonable discretion in the acquisition, retention and disposition of
any investment security;
3. This
subchapter shall not be deemed to authorize any savings bank to acquire any
investment which contravenes the specific provisions contained in N.J.S.A.
17:9A-26.1;
4. If an investment
would be authorized both by this subchapter and
17:9A-174 -180, then such
investment shall be deemed to have been made under such section of N.J.S.A.
17:9A and all limitations applicable to such section shall apply.
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