(a)  The corporation has all of the powers to do all of the things necessary and convenient to carry out and effectuate the purposes and provisions of this chapter, including, without limiting the generality of the foregoing, the powers:

(1)  To adopt and amend by-laws for the governance of its affairs, the administration of its assets, and the conduct of its business;

(2)  To adopt an official seal;

(3)  To maintain an office at a place or places it may determine;

(4)  To adopt a fiscal year which coincides with the state’s fiscal year;

(5)  To adopt and enforce procedures, regulations, and rules in connection with the performance of its functions and duties;

(6)  To sue in any court of competent jurisdiction, to prosecute and defend actions relating to its property and affairs; provided, however, that the corporation is not authorized to become a debtor under the United States Bankruptcy Code;

(7)  To employ personnel and to engage accounting, management, legal, financial, consulting, and other professional services;

(8)  To receive and apply its revenues in furtherance of the purposes of this chapter, or the exercise of its powers, and payment of all costs incurred in connection therewith without appropriation or allotment by the state or any political subdivision thereof;

(9)  To borrow money, including short term start up borrowing from the state;

(10)  To issue bonds and apply the proceeds thereof as provided in this chapter and to pledge or assign or create security interests in assets, revenues, funds, and other property of the corporation and otherwise as provided in this chapter to pay or secure such bonds;

(11)  To deposit, invest, and reinvest any funds held in reserves, or any revenues or funds not required for immediate disbursement, in depository institutions and/or investments, obligations and securities, respectively, as may be legal and prudent investments for funds of the state, and pay fees thereof and receive interest thereon;

(12)  To obtain insurance including fidelity bonds for employees and to enter into agreements of indemnification necessary or convenient to the exercise of its powers under this chapter;

(13)  To apply for, receive, administer, and comply with the conditions and requirements respecting any grant, gift, or appropriation of property, services, or moneys;

(14)  To enter into contracts, arrangements, and agreements with other persons, and to modify or consent to the modification of any of the foregoing to which the corporation is a party or in which the corporation has an interest under this chapter, and execute and deliver all instruments necessary or convenient to the exercise of its powers under this chapter;

(15)  To authorize a representative to appear on its own behalf before other public bodies in all matters relating to its powers and purposes;

(16)  To acquire, own, redeem, lease as tenant, or hold real, personal, intangible, or mixed property or any interest in property and to exercise all of the usual incidents of ownership of property necessary and convenient to the operations of the corporation; and to collect, realize upon, foreclose, settle, release, improve, rehabilitate, sell, compromise, assign, exchange, lease as landlord, mortgage, or otherwise dispose of or encumber the property; and

(17)  To exercise those powers granted to corporations organized under chapter 1.2 of Title 7.

Terms Used In Rhode Island General Laws 42-116-5

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Bonds: means the bonds, notes, or other evidences of indebtedness of the corporation. See Rhode Island General Laws 42-116-3
  • Corporation: means the Rhode Island depositors economic protection corporation. See Rhode Island General Laws 42-116-3
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the department of business regulation. See Rhode Island General Laws 42-116-3
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Revenues: means when used with reference to the corporation, any receipts, fees, payments, moneys, revenues or other payments received or to be received by the corporation in the exercise of its corporate powers under this chapter, including without limitation loan repayments, grants, aid, appropriations and other assistance from the state, the United States or any corporation, department or instrumentality of either or of a political subdivision thereof, bond proceeds, investment earnings, insurance proceeds, amounts in reserves and other funds and accounts established by or pursuant to this chapter or in connection with the issuance of bonds, and any other taxes, assessments, fees, charges, awards or other income or amounts received or receivable by the corporation. See Rhode Island General Laws 42-116-3
  • seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
  • United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8

(b)  Notwithstanding any other provision of this chapter, the corporation shall not have the power of a bank or trust company within the jurisdiction or under the control of the department of business regulation of the state, or its director, the comptroller of the currency of the United States or the Treasury Department of the United States.

History of Section.
P.L. 1991, ch. 3, § 4; P.L. 1992, ch. 9, § 1; P.L. 2005, ch. 36, § 31; P.L. 2005, ch. 72, § 31.