A. An eligible depository shall not accept or retain any public deposit that is required to be secured unless the eligible depository has deposited the required collateral with a qualified escrow agent or the administrator, if required. Every eligible depository shall deposit with a qualified escrow agent eligible collateral equal to or in excess of the required collateral. Required collateral shall be one hundred two percent of public deposits less any applicable deposit insurance. Eligible collateral shall be valued at current market value. Substitutions and withdrawals of eligible collateral may be made without prior notification or consent by the public depositor. The administrator shall provide written consent before withdrawals of collateral. Substitutions of collateral may be made with notification to the administrator.

Terms Used In Arizona Laws 35-1207

  • Administrator: means the statewide collateral pool administrator. See Arizona Laws 35-1201
  • Eligible collateral: means any collateral that is authorized pursuant to section 35-323. See Arizona Laws 35-1201
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Qualified escrow agent: means any bank or trust company that is qualified to hold collateral pledged to secure public deposits pursuant to section 35-1208. See Arizona Laws 35-1201
  • Required collateral: means the amount of eligible collateral required for an eligible depository to secure public deposits set by the policies and procedures of the administrator. See Arizona Laws 35-1201
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215

B. Notwithstanding any other provisions of law, an eligible depository shall not be required to give bond or pledge securities or instruments in the manner provided in this section for the purpose of securing deposits that are received or held in the trust department of the depository and that are secured pursuant to 12 United States Code § 92a.