State Codes and Statutes

Statutes > New-york > Lfn > Article-2 > Title-5 > 70-00

§  70.00  Fiscal  agent.    a. The term "fiscal agent" as used in this  title shall mean:    1. In counties, the chief fiscal officer thereof, unless  the  finance  board shall designate a different officer.    2. In cities, the chief fiscal officer thereof.    3. In towns and villages, the clerk thereof.    4.  In  school  districts  and  district  corporations,  the  clerk or  secretary or such other officer  thereof  as  the  finance  board  shall  designate,  except  that  in  a  river  improvement or drainage district  established  by  or  under  the  supervision  of   the   department   of  conservation the state comptroller shall act as fiscal agent. However, a  finance board on behalf of any municipality, school district or district  corporation,  or  in  the  case of the city of New York the chief fiscal  officer thereof, may contract from time to time, with any bank or  banks  or  trust  company  or  trust  companies  located  and  authorized to do  business in this state for the purpose of  having  such  bank  or  trust  company  act,  in  connection  with all its obligations, or any specific  issue or issues of its obligations, or any specific type or types of its  obligations, as the fiscal agent for such municipality, school  district  or  district corporation, including the maintenance of an office for the  registration, conversion, reconversion and transfer of bonds and  notes,  the  preparation  and  substitution  of new bonds and notes, and for the  payment of the principal thereof, redemption premium, if  any,  interest  thereon,  and  for  related  services,  and  for  the  payment  by  such  municipality, school district or district corporation  of  a  reasonable  compensation  to  any  such bank or trust company for the services to be  performed by it pursuant to  such  contract.  Any  such  bank  or  trust  company  shall  be  responsible  to the municipality, school district or  district corporation for the faithful and safe conduct of  the  services  to be performed by it as such fiscal agent, or services related thereto;  for  the  fidelity and integrity of the officers and agents of such bank  or trust company performing the duties of a fiscal  agent,  or  services  related  thereto;  and  for all loss or damage which may result from any  failure of such officers or agents to discharge their duties and for any  improper or incorrect discharge of those  duties;  and  shall  save  the  municipality,  school district or district corporation free and harmless  from any and all loss  or  damage  occasioned  by  or  incurred  in  the  performance  of  such  services. Such contracts may be terminated by the  finance  board  of  the  municipality,  school  district   or   district  corporation,  or  in  the  case of the city of New York the chief fiscal  officer thereof, at any time.    b. The fiscal agent, if not already under bond, shall execute  a  bond  in  such  form, in such sum and with such sureties as the finance board,  or in the case of the city of New York the chief fiscal officer thereof,  shall direct and approve, and such approval shall be indicated upon  the  bond.  Such  bond  shall then be filed in the office of the clerk of the  county  in  which  the  municipality,  school   district   or   district  corporation is located. If the municipality, school district or district  corporation  is located in more than one county, a duplicate original of  such bond, approved by the finance board, or in the case of the city  of  New  York the chief fiscal officer thereof, shall be filed in the office  of the clerk of each county in which the municipality,  school  district  or  district  corporation  is  located, except that in a city containing  more than one county such bond shall be filed only in the office of  the  city  clerk.  The  expense  of  such  bond  shall  be  a charge upon the  municipality, school district or district corporation. The provisions of  this paragraph shall not apply to a bank or trust company which has been  designated as  fiscal  agent  of  a  municipality,  school  district  ordistrict  corporation  pursuant to the provisions of paragraph a of this  section, unless the finance board of such municipality, school  district  or  district  corporation,  or  in  the case of the city of New York the  chief  fiscal  officer  thereof, shall by resolution determine that such  bank or trust company shall be  required  to  furnish  a  bond  for  the  faithful performance of its duties as fiscal agent.    c.  No  municipality,  school district or district corporation, or any  fiscal agent thereof, shall charge, impose, collect, or receive from the  holder of any obligation issued pursuant  to  this  chapter,  or  issued  pursuant  to laws in effect prior to the effective date of this chapter,  any fee or consideration for any services required to be performed by  a  fiscal  agent  pursuant to the provisions of this chapter.  However, the  holder of an obligation shall bear the expense of preparing new bonds or  coupons which he shall request to be issued pursuant to  the  provisions  of  title  five  of this article, also the actual and necessary expenses  for the mailing, shipping or the insuring  of  obligations  incurred  in  connection with the rendition of services performed by a fiscal agent at  his  request.  At  least annually every fiscal agent shall render to and  file with the finance board of  the  municipality,  school  district  or  district  corporation,  or in the case of the city of New York the chief  fiscal officer thereof, for which he or  it  acts  a  statement  of  all  moneys  received  and disbursed by such agent for the expenses mentioned  in this paragraph. Notwithstanding  the  foregoing  provisions  of  this  paragraph,  if  the  finance board of a municipality, school district or  district corporation, or in the case of the city of New York  the  chief  fiscal  officer  thereof,  shall  determine  that  it  would  be  to the  financial advantage of the municipality,  school  district  or  district  corporation  not  to  impose  and  collect  such  mailing,  shipping  or  insurance charges, it may adopt a resolution directing its fiscal  agent  not to impose and collect any or all of such charges.    d. Notwithstanding any other provisions of law, the comptroller of the  city   of   New  York  may  prescribe  rules  and  regulations  for  the  registration, conversion, reconversion and transfer  of  the  bonds  and  notes   of   the  city  of  New  York,  including  the  preparation  and  substitution of new bonds, for the payment  of  the  principal  thereof,  redemption  premium,  if  any,  and  interest  thereon,  and  for  other  authorized services to be performed by such fiscal agent.    e. Any bank  or  trust  company  acting  as  the  fiscal  agent  of  a  municipality,  school  district  or  district  corporation  may bid for,  purchase,  acquire,  hold,  sell  or  dispose  of  obligations  of   the  municipality,  school district or district corporation for which it acts  as such agent, and may enter  into  other  service  contracts  with  the  municipality,  school district or district corporation. No bank or trust  company acting as such fiscal agent shall print, engrave,  or  otherwise  prepare, new bonds or coupons required in connection with the conversion  and  reconversion of bonds as provided in title five of this article, if  such bank or trust company acts as fiscal agent in  such  conversion  or  reconversion.

State Codes and Statutes

Statutes > New-york > Lfn > Article-2 > Title-5 > 70-00

§  70.00  Fiscal  agent.    a. The term "fiscal agent" as used in this  title shall mean:    1. In counties, the chief fiscal officer thereof, unless  the  finance  board shall designate a different officer.    2. In cities, the chief fiscal officer thereof.    3. In towns and villages, the clerk thereof.    4.  In  school  districts  and  district  corporations,  the  clerk or  secretary or such other officer  thereof  as  the  finance  board  shall  designate,  except  that  in  a  river  improvement or drainage district  established  by  or  under  the  supervision  of   the   department   of  conservation the state comptroller shall act as fiscal agent. However, a  finance board on behalf of any municipality, school district or district  corporation,  or  in  the  case of the city of New York the chief fiscal  officer thereof, may contract from time to time, with any bank or  banks  or  trust  company  or  trust  companies  located  and  authorized to do  business in this state for the purpose of  having  such  bank  or  trust  company  act,  in  connection  with all its obligations, or any specific  issue or issues of its obligations, or any specific type or types of its  obligations, as the fiscal agent for such municipality, school  district  or  district corporation, including the maintenance of an office for the  registration, conversion, reconversion and transfer of bonds and  notes,  the  preparation  and  substitution  of new bonds and notes, and for the  payment of the principal thereof, redemption premium, if  any,  interest  thereon,  and  for  related  services,  and  for  the  payment  by  such  municipality, school district or district corporation  of  a  reasonable  compensation  to  any  such bank or trust company for the services to be  performed by it pursuant to  such  contract.  Any  such  bank  or  trust  company  shall  be  responsible  to the municipality, school district or  district corporation for the faithful and safe conduct of  the  services  to be performed by it as such fiscal agent, or services related thereto;  for  the  fidelity and integrity of the officers and agents of such bank  or trust company performing the duties of a fiscal  agent,  or  services  related  thereto;  and  for all loss or damage which may result from any  failure of such officers or agents to discharge their duties and for any  improper or incorrect discharge of those  duties;  and  shall  save  the  municipality,  school district or district corporation free and harmless  from any and all loss  or  damage  occasioned  by  or  incurred  in  the  performance  of  such  services. Such contracts may be terminated by the  finance  board  of  the  municipality,  school  district   or   district  corporation,  or  in  the  case of the city of New York the chief fiscal  officer thereof, at any time.    b. The fiscal agent, if not already under bond, shall execute  a  bond  in  such  form, in such sum and with such sureties as the finance board,  or in the case of the city of New York the chief fiscal officer thereof,  shall direct and approve, and such approval shall be indicated upon  the  bond.  Such  bond  shall then be filed in the office of the clerk of the  county  in  which  the  municipality,  school   district   or   district  corporation is located. If the municipality, school district or district  corporation  is located in more than one county, a duplicate original of  such bond, approved by the finance board, or in the case of the city  of  New  York the chief fiscal officer thereof, shall be filed in the office  of the clerk of each county in which the municipality,  school  district  or  district  corporation  is  located, except that in a city containing  more than one county such bond shall be filed only in the office of  the  city  clerk.  The  expense  of  such  bond  shall  be  a charge upon the  municipality, school district or district corporation. The provisions of  this paragraph shall not apply to a bank or trust company which has been  designated as  fiscal  agent  of  a  municipality,  school  district  ordistrict  corporation  pursuant to the provisions of paragraph a of this  section, unless the finance board of such municipality, school  district  or  district  corporation,  or  in  the case of the city of New York the  chief  fiscal  officer  thereof, shall by resolution determine that such  bank or trust company shall be  required  to  furnish  a  bond  for  the  faithful performance of its duties as fiscal agent.    c.  No  municipality,  school district or district corporation, or any  fiscal agent thereof, shall charge, impose, collect, or receive from the  holder of any obligation issued pursuant  to  this  chapter,  or  issued  pursuant  to laws in effect prior to the effective date of this chapter,  any fee or consideration for any services required to be performed by  a  fiscal  agent  pursuant to the provisions of this chapter.  However, the  holder of an obligation shall bear the expense of preparing new bonds or  coupons which he shall request to be issued pursuant to  the  provisions  of  title  five  of this article, also the actual and necessary expenses  for the mailing, shipping or the insuring  of  obligations  incurred  in  connection with the rendition of services performed by a fiscal agent at  his  request.  At  least annually every fiscal agent shall render to and  file with the finance board of  the  municipality,  school  district  or  district  corporation,  or in the case of the city of New York the chief  fiscal officer thereof, for which he or  it  acts  a  statement  of  all  moneys  received  and disbursed by such agent for the expenses mentioned  in this paragraph. Notwithstanding  the  foregoing  provisions  of  this  paragraph,  if  the  finance board of a municipality, school district or  district corporation, or in the case of the city of New York  the  chief  fiscal  officer  thereof,  shall  determine  that  it  would  be  to the  financial advantage of the municipality,  school  district  or  district  corporation  not  to  impose  and  collect  such  mailing,  shipping  or  insurance charges, it may adopt a resolution directing its fiscal  agent  not to impose and collect any or all of such charges.    d. Notwithstanding any other provisions of law, the comptroller of the  city   of   New  York  may  prescribe  rules  and  regulations  for  the  registration, conversion, reconversion and transfer  of  the  bonds  and  notes   of   the  city  of  New  York,  including  the  preparation  and  substitution of new bonds, for the payment  of  the  principal  thereof,  redemption  premium,  if  any,  and  interest  thereon,  and  for  other  authorized services to be performed by such fiscal agent.    e. Any bank  or  trust  company  acting  as  the  fiscal  agent  of  a  municipality,  school  district  or  district  corporation  may bid for,  purchase,  acquire,  hold,  sell  or  dispose  of  obligations  of   the  municipality,  school district or district corporation for which it acts  as such agent, and may enter  into  other  service  contracts  with  the  municipality,  school district or district corporation. No bank or trust  company acting as such fiscal agent shall print, engrave,  or  otherwise  prepare, new bonds or coupons required in connection with the conversion  and  reconversion of bonds as provided in title five of this article, if  such bank or trust company acts as fiscal agent in  such  conversion  or  reconversion.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Lfn > Article-2 > Title-5 > 70-00

§  70.00  Fiscal  agent.    a. The term "fiscal agent" as used in this  title shall mean:    1. In counties, the chief fiscal officer thereof, unless  the  finance  board shall designate a different officer.    2. In cities, the chief fiscal officer thereof.    3. In towns and villages, the clerk thereof.    4.  In  school  districts  and  district  corporations,  the  clerk or  secretary or such other officer  thereof  as  the  finance  board  shall  designate,  except  that  in  a  river  improvement or drainage district  established  by  or  under  the  supervision  of   the   department   of  conservation the state comptroller shall act as fiscal agent. However, a  finance board on behalf of any municipality, school district or district  corporation,  or  in  the  case of the city of New York the chief fiscal  officer thereof, may contract from time to time, with any bank or  banks  or  trust  company  or  trust  companies  located  and  authorized to do  business in this state for the purpose of  having  such  bank  or  trust  company  act,  in  connection  with all its obligations, or any specific  issue or issues of its obligations, or any specific type or types of its  obligations, as the fiscal agent for such municipality, school  district  or  district corporation, including the maintenance of an office for the  registration, conversion, reconversion and transfer of bonds and  notes,  the  preparation  and  substitution  of new bonds and notes, and for the  payment of the principal thereof, redemption premium, if  any,  interest  thereon,  and  for  related  services,  and  for  the  payment  by  such  municipality, school district or district corporation  of  a  reasonable  compensation  to  any  such bank or trust company for the services to be  performed by it pursuant to  such  contract.  Any  such  bank  or  trust  company  shall  be  responsible  to the municipality, school district or  district corporation for the faithful and safe conduct of  the  services  to be performed by it as such fiscal agent, or services related thereto;  for  the  fidelity and integrity of the officers and agents of such bank  or trust company performing the duties of a fiscal  agent,  or  services  related  thereto;  and  for all loss or damage which may result from any  failure of such officers or agents to discharge their duties and for any  improper or incorrect discharge of those  duties;  and  shall  save  the  municipality,  school district or district corporation free and harmless  from any and all loss  or  damage  occasioned  by  or  incurred  in  the  performance  of  such  services. Such contracts may be terminated by the  finance  board  of  the  municipality,  school  district   or   district  corporation,  or  in  the  case of the city of New York the chief fiscal  officer thereof, at any time.    b. The fiscal agent, if not already under bond, shall execute  a  bond  in  such  form, in such sum and with such sureties as the finance board,  or in the case of the city of New York the chief fiscal officer thereof,  shall direct and approve, and such approval shall be indicated upon  the  bond.  Such  bond  shall then be filed in the office of the clerk of the  county  in  which  the  municipality,  school   district   or   district  corporation is located. If the municipality, school district or district  corporation  is located in more than one county, a duplicate original of  such bond, approved by the finance board, or in the case of the city  of  New  York the chief fiscal officer thereof, shall be filed in the office  of the clerk of each county in which the municipality,  school  district  or  district  corporation  is  located, except that in a city containing  more than one county such bond shall be filed only in the office of  the  city  clerk.  The  expense  of  such  bond  shall  be  a charge upon the  municipality, school district or district corporation. The provisions of  this paragraph shall not apply to a bank or trust company which has been  designated as  fiscal  agent  of  a  municipality,  school  district  ordistrict  corporation  pursuant to the provisions of paragraph a of this  section, unless the finance board of such municipality, school  district  or  district  corporation,  or  in  the case of the city of New York the  chief  fiscal  officer  thereof, shall by resolution determine that such  bank or trust company shall be  required  to  furnish  a  bond  for  the  faithful performance of its duties as fiscal agent.    c.  No  municipality,  school district or district corporation, or any  fiscal agent thereof, shall charge, impose, collect, or receive from the  holder of any obligation issued pursuant  to  this  chapter,  or  issued  pursuant  to laws in effect prior to the effective date of this chapter,  any fee or consideration for any services required to be performed by  a  fiscal  agent  pursuant to the provisions of this chapter.  However, the  holder of an obligation shall bear the expense of preparing new bonds or  coupons which he shall request to be issued pursuant to  the  provisions  of  title  five  of this article, also the actual and necessary expenses  for the mailing, shipping or the insuring  of  obligations  incurred  in  connection with the rendition of services performed by a fiscal agent at  his  request.  At  least annually every fiscal agent shall render to and  file with the finance board of  the  municipality,  school  district  or  district  corporation,  or in the case of the city of New York the chief  fiscal officer thereof, for which he or  it  acts  a  statement  of  all  moneys  received  and disbursed by such agent for the expenses mentioned  in this paragraph. Notwithstanding  the  foregoing  provisions  of  this  paragraph,  if  the  finance board of a municipality, school district or  district corporation, or in the case of the city of New York  the  chief  fiscal  officer  thereof,  shall  determine  that  it  would  be  to the  financial advantage of the municipality,  school  district  or  district  corporation  not  to  impose  and  collect  such  mailing,  shipping  or  insurance charges, it may adopt a resolution directing its fiscal  agent  not to impose and collect any or all of such charges.    d. Notwithstanding any other provisions of law, the comptroller of the  city   of   New  York  may  prescribe  rules  and  regulations  for  the  registration, conversion, reconversion and transfer  of  the  bonds  and  notes   of   the  city  of  New  York,  including  the  preparation  and  substitution of new bonds, for the payment  of  the  principal  thereof,  redemption  premium,  if  any,  and  interest  thereon,  and  for  other  authorized services to be performed by such fiscal agent.    e. Any bank  or  trust  company  acting  as  the  fiscal  agent  of  a  municipality,  school  district  or  district  corporation  may bid for,  purchase,  acquire,  hold,  sell  or  dispose  of  obligations  of   the  municipality,  school district or district corporation for which it acts  as such agent, and may enter  into  other  service  contracts  with  the  municipality,  school district or district corporation. No bank or trust  company acting as such fiscal agent shall print, engrave,  or  otherwise  prepare, new bonds or coupons required in connection with the conversion  and  reconversion of bonds as provided in title five of this article, if  such bank or trust company acts as fiscal agent in  such  conversion  or  reconversion.