State Codes and Statutes

Statutes > New-york > Pvh > Article-5 > 124

§  124.  Participation  by certain corporations. One or more insurance  companies shall have the power to organize, or cause to be organized,  a  redevelopment company formed pursuant to the provisions of this article,  and  to  purchase  for  cash  or  to  receive  and  hold in exchange for  property, and to own and control, the  stock  or  the  income  debenture  certificates  or  both  of any redevelopment company and shall also have  power to invest, singly or jointly, in a bond and first mortgage  or  in  an  issue of bonds secured by mortgage or trust indenture constituting a  first lien upon any project as provided in this  article.  An  insurance  company, however, which owns stock or income debenture certificates of a  redevelopment  company  and also owns bonds or a bond and mortgage or an  interest in a bond and mortgage of the same redevelopment company  shall  not, without the consent of the supervising agency, sell all or any part  of  such bonds or such bond and mortgage or of its interest in such bond  and mortgage unless it shall simultaneously sell  such  stock  and  such  income debenture certificates owned by it.    Notwithstanding  any  other  provision of law, an insurance company or  companies operating a redevelopment project or owning all of  the  stock  of a redevelopment company are hereby expressly authorized to enter into  contracts contemplated by this article and to agree by contract with the  municipality  not to sell, assign, or otherwise transfer such project or  the stock, income debentures or mortgage  bonds  of  such  redevelopment  company  during the period of tax exemption provided for by the contract  pursuant to this article without the consent of  the  local  legislative  body  of  the municipality. An insurance company or companies owning all  of the stock of a redevelopment company are hereby expressly  authorized  to make such capital contributions to any such redevelopment company, in  cash  or by cancellation of securities or otherwise, as may be necessary  to enable such redevelopment  company  to  comply  with  all  conditions  precedent   to  its  dissolution  and  conveyance  of  its  property  in  accordance with section one hundred twenty-three of  this  article,  and  upon  dissolution  of  such  a  redevelopment  company,  to  acquire the  project, complete the same if not theretofore  completed,  and  own  and  operate the same as a permanent investment for such period as it or they  may  deem desirable either directly or through acquisition and ownership  of the capital stock of any corporation which may acquire title  to  the  project pursuant to subdivision one of section one hundred twenty-three.    An  insurance company, instead of investing its funds in the stock and  debentures or other obligations of a redevelopment company, may  through  direct ownership and/or lease acquire, own, construct, manage or operate  as  an  investment for such period as it may deem desirable, one or more  projects, in which event the provisions of subsection one of section one  hundred twelve of this article  applicable  to  redevelopment  companies  shall  be  applicable  to  such insurance company in its operations with  respect to any such project but not otherwise. Said provisions  and  the  ensuing  provision  of  this section shall cease to be applicable to any  such project and to  such  insurance  company  in  its  operations  with  respect  to  such project after termination of any tax exemption granted  pursuant to section one hundred twenty-five of this article with respect  to such project, whether such termination shall be by expiration  or  by  any  other  cause,  or  in  the  event  that prior thereto the insurance  company elects to pay the municipality the total of  all  accrued  taxes  for  which  such  exemption  was  granted  and  received,  together with  interest at the rate of five per centum per annum. If any  such  project  shall be sold by an insurance company, the tax exemption with respect to  such  project  shall  thereupon  cease  and  terminate  unless the local  legislative body shall otherwise provide.Until the termination of any tax exemption granted pursuant to section  one hundred twenty-five of this article or until the provisions of  this  article shall otherwise cease to be applicable:    1.  An insurance company shall be entitled to earn and retain annually  on a cumulative  basis  in  respect  of  each  project  operated  by  it  hereunder,  before  depreciation  but  after providing for all expenses,  taxes and assessments attributable to such  project  or  to  the  income  therefrom,  a sum equal to but not exceeding six per centum of the total  actual final cost of the  project  as  defined  by  subdivision  two  of  section one hundred twelve of this article.    2.  Separate  accounts  shall  be kept for each project operated by an  insurance company.    3. If the income from  any  such  project  for  any  year,  after  all  expenses,  taxes  and  assessments attributable thereto or to the income  therefrom, shall be in excess of six per  centum  of  the  total  actual  final  cost of such project as defined by subdivision two of section one  hundred twelve of this article, such  excess  shall  be  credited  to  a  special reserve account.    4.  If  the  income  from  any  such  project  for any year, after all  expenses, taxes and assessments attributable thereto or  to  the  income  therefrom  shall  be less than six per centum of such total actual final  cost, such deficiency shall be  charged  against  such  special  reserve  account.    The  amount  of  any  accrued  taxes  and  interest thereon paid by an  insurance company pursuant  to  the  second  paragraph  of  section  one  hundred  twenty-five of this article may be charged against such special  reserve account. An amount equal to any balance remaining to the  credit  of  such special reserve account on the termination of the period of tax  exemption shall be paid into the general fund of the municipality.    If  any project shall be conveyed to an insurance company in accordance with  subdivision five of section one hundred twenty-three of this article, an  amount  equal  to  all  accrued  and  unpaid  interest, amortization and  dividends  on  the  stock  and  evidences   of   indebtedness   of   the  redevelopment company theretofore accumulated in accordance with section  one  hundred  seven of this article shall be charged against the special  reserve account except to the extent  included  in  total  actual  final  cost,  and any remaining cash surplus derived from earnings remaining in  the treasury of the redevelopment company shall be transferred  to  such  insurance  company  and  shall  be credited by it to the special reserve  account provided for in this section applicable to such project.    Except as specifically provided  herein  this  article  shall  not  be  deemed  to limit or restrict any power or authority granted to insurance  companies or to any other corporation or to any fiduciary by  any  other  provision of law heretofore or hereafter enacted.

State Codes and Statutes

Statutes > New-york > Pvh > Article-5 > 124

§  124.  Participation  by certain corporations. One or more insurance  companies shall have the power to organize, or cause to be organized,  a  redevelopment company formed pursuant to the provisions of this article,  and  to  purchase  for  cash  or  to  receive  and  hold in exchange for  property, and to own and control, the  stock  or  the  income  debenture  certificates  or  both  of any redevelopment company and shall also have  power to invest, singly or jointly, in a bond and first mortgage  or  in  an  issue of bonds secured by mortgage or trust indenture constituting a  first lien upon any project as provided in this  article.  An  insurance  company, however, which owns stock or income debenture certificates of a  redevelopment  company  and also owns bonds or a bond and mortgage or an  interest in a bond and mortgage of the same redevelopment company  shall  not, without the consent of the supervising agency, sell all or any part  of  such bonds or such bond and mortgage or of its interest in such bond  and mortgage unless it shall simultaneously sell  such  stock  and  such  income debenture certificates owned by it.    Notwithstanding  any  other  provision of law, an insurance company or  companies operating a redevelopment project or owning all of  the  stock  of a redevelopment company are hereby expressly authorized to enter into  contracts contemplated by this article and to agree by contract with the  municipality  not to sell, assign, or otherwise transfer such project or  the stock, income debentures or mortgage  bonds  of  such  redevelopment  company  during the period of tax exemption provided for by the contract  pursuant to this article without the consent of  the  local  legislative  body  of  the municipality. An insurance company or companies owning all  of the stock of a redevelopment company are hereby expressly  authorized  to make such capital contributions to any such redevelopment company, in  cash  or by cancellation of securities or otherwise, as may be necessary  to enable such redevelopment  company  to  comply  with  all  conditions  precedent   to  its  dissolution  and  conveyance  of  its  property  in  accordance with section one hundred twenty-three of  this  article,  and  upon  dissolution  of  such  a  redevelopment  company,  to  acquire the  project, complete the same if not theretofore  completed,  and  own  and  operate the same as a permanent investment for such period as it or they  may  deem desirable either directly or through acquisition and ownership  of the capital stock of any corporation which may acquire title  to  the  project pursuant to subdivision one of section one hundred twenty-three.    An  insurance company, instead of investing its funds in the stock and  debentures or other obligations of a redevelopment company, may  through  direct ownership and/or lease acquire, own, construct, manage or operate  as  an  investment for such period as it may deem desirable, one or more  projects, in which event the provisions of subsection one of section one  hundred twelve of this article  applicable  to  redevelopment  companies  shall  be  applicable  to  such insurance company in its operations with  respect to any such project but not otherwise. Said provisions  and  the  ensuing  provision  of  this section shall cease to be applicable to any  such project and to  such  insurance  company  in  its  operations  with  respect  to  such project after termination of any tax exemption granted  pursuant to section one hundred twenty-five of this article with respect  to such project, whether such termination shall be by expiration  or  by  any  other  cause,  or  in  the  event  that prior thereto the insurance  company elects to pay the municipality the total of  all  accrued  taxes  for  which  such  exemption  was  granted  and  received,  together with  interest at the rate of five per centum per annum. If any  such  project  shall be sold by an insurance company, the tax exemption with respect to  such  project  shall  thereupon  cease  and  terminate  unless the local  legislative body shall otherwise provide.Until the termination of any tax exemption granted pursuant to section  one hundred twenty-five of this article or until the provisions of  this  article shall otherwise cease to be applicable:    1.  An insurance company shall be entitled to earn and retain annually  on a cumulative  basis  in  respect  of  each  project  operated  by  it  hereunder,  before  depreciation  but  after providing for all expenses,  taxes and assessments attributable to such  project  or  to  the  income  therefrom,  a sum equal to but not exceeding six per centum of the total  actual final cost of the  project  as  defined  by  subdivision  two  of  section one hundred twelve of this article.    2.  Separate  accounts  shall  be kept for each project operated by an  insurance company.    3. If the income from  any  such  project  for  any  year,  after  all  expenses,  taxes  and  assessments attributable thereto or to the income  therefrom, shall be in excess of six per  centum  of  the  total  actual  final  cost of such project as defined by subdivision two of section one  hundred twelve of this article, such  excess  shall  be  credited  to  a  special reserve account.    4.  If  the  income  from  any  such  project  for any year, after all  expenses, taxes and assessments attributable thereto or  to  the  income  therefrom  shall  be less than six per centum of such total actual final  cost, such deficiency shall be  charged  against  such  special  reserve  account.    The  amount  of  any  accrued  taxes  and  interest thereon paid by an  insurance company pursuant  to  the  second  paragraph  of  section  one  hundred  twenty-five of this article may be charged against such special  reserve account. An amount equal to any balance remaining to the  credit  of  such special reserve account on the termination of the period of tax  exemption shall be paid into the general fund of the municipality.    If  any project shall be conveyed to an insurance company in accordance with  subdivision five of section one hundred twenty-three of this article, an  amount  equal  to  all  accrued  and  unpaid  interest, amortization and  dividends  on  the  stock  and  evidences   of   indebtedness   of   the  redevelopment company theretofore accumulated in accordance with section  one  hundred  seven of this article shall be charged against the special  reserve account except to the extent  included  in  total  actual  final  cost,  and any remaining cash surplus derived from earnings remaining in  the treasury of the redevelopment company shall be transferred  to  such  insurance  company  and  shall  be credited by it to the special reserve  account provided for in this section applicable to such project.    Except as specifically provided  herein  this  article  shall  not  be  deemed  to limit or restrict any power or authority granted to insurance  companies or to any other corporation or to any fiduciary by  any  other  provision of law heretofore or hereafter enacted.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pvh > Article-5 > 124

§  124.  Participation  by certain corporations. One or more insurance  companies shall have the power to organize, or cause to be organized,  a  redevelopment company formed pursuant to the provisions of this article,  and  to  purchase  for  cash  or  to  receive  and  hold in exchange for  property, and to own and control, the  stock  or  the  income  debenture  certificates  or  both  of any redevelopment company and shall also have  power to invest, singly or jointly, in a bond and first mortgage  or  in  an  issue of bonds secured by mortgage or trust indenture constituting a  first lien upon any project as provided in this  article.  An  insurance  company, however, which owns stock or income debenture certificates of a  redevelopment  company  and also owns bonds or a bond and mortgage or an  interest in a bond and mortgage of the same redevelopment company  shall  not, without the consent of the supervising agency, sell all or any part  of  such bonds or such bond and mortgage or of its interest in such bond  and mortgage unless it shall simultaneously sell  such  stock  and  such  income debenture certificates owned by it.    Notwithstanding  any  other  provision of law, an insurance company or  companies operating a redevelopment project or owning all of  the  stock  of a redevelopment company are hereby expressly authorized to enter into  contracts contemplated by this article and to agree by contract with the  municipality  not to sell, assign, or otherwise transfer such project or  the stock, income debentures or mortgage  bonds  of  such  redevelopment  company  during the period of tax exemption provided for by the contract  pursuant to this article without the consent of  the  local  legislative  body  of  the municipality. An insurance company or companies owning all  of the stock of a redevelopment company are hereby expressly  authorized  to make such capital contributions to any such redevelopment company, in  cash  or by cancellation of securities or otherwise, as may be necessary  to enable such redevelopment  company  to  comply  with  all  conditions  precedent   to  its  dissolution  and  conveyance  of  its  property  in  accordance with section one hundred twenty-three of  this  article,  and  upon  dissolution  of  such  a  redevelopment  company,  to  acquire the  project, complete the same if not theretofore  completed,  and  own  and  operate the same as a permanent investment for such period as it or they  may  deem desirable either directly or through acquisition and ownership  of the capital stock of any corporation which may acquire title  to  the  project pursuant to subdivision one of section one hundred twenty-three.    An  insurance company, instead of investing its funds in the stock and  debentures or other obligations of a redevelopment company, may  through  direct ownership and/or lease acquire, own, construct, manage or operate  as  an  investment for such period as it may deem desirable, one or more  projects, in which event the provisions of subsection one of section one  hundred twelve of this article  applicable  to  redevelopment  companies  shall  be  applicable  to  such insurance company in its operations with  respect to any such project but not otherwise. Said provisions  and  the  ensuing  provision  of  this section shall cease to be applicable to any  such project and to  such  insurance  company  in  its  operations  with  respect  to  such project after termination of any tax exemption granted  pursuant to section one hundred twenty-five of this article with respect  to such project, whether such termination shall be by expiration  or  by  any  other  cause,  or  in  the  event  that prior thereto the insurance  company elects to pay the municipality the total of  all  accrued  taxes  for  which  such  exemption  was  granted  and  received,  together with  interest at the rate of five per centum per annum. If any  such  project  shall be sold by an insurance company, the tax exemption with respect to  such  project  shall  thereupon  cease  and  terminate  unless the local  legislative body shall otherwise provide.Until the termination of any tax exemption granted pursuant to section  one hundred twenty-five of this article or until the provisions of  this  article shall otherwise cease to be applicable:    1.  An insurance company shall be entitled to earn and retain annually  on a cumulative  basis  in  respect  of  each  project  operated  by  it  hereunder,  before  depreciation  but  after providing for all expenses,  taxes and assessments attributable to such  project  or  to  the  income  therefrom,  a sum equal to but not exceeding six per centum of the total  actual final cost of the  project  as  defined  by  subdivision  two  of  section one hundred twelve of this article.    2.  Separate  accounts  shall  be kept for each project operated by an  insurance company.    3. If the income from  any  such  project  for  any  year,  after  all  expenses,  taxes  and  assessments attributable thereto or to the income  therefrom, shall be in excess of six per  centum  of  the  total  actual  final  cost of such project as defined by subdivision two of section one  hundred twelve of this article, such  excess  shall  be  credited  to  a  special reserve account.    4.  If  the  income  from  any  such  project  for any year, after all  expenses, taxes and assessments attributable thereto or  to  the  income  therefrom  shall  be less than six per centum of such total actual final  cost, such deficiency shall be  charged  against  such  special  reserve  account.    The  amount  of  any  accrued  taxes  and  interest thereon paid by an  insurance company pursuant  to  the  second  paragraph  of  section  one  hundred  twenty-five of this article may be charged against such special  reserve account. An amount equal to any balance remaining to the  credit  of  such special reserve account on the termination of the period of tax  exemption shall be paid into the general fund of the municipality.    If  any project shall be conveyed to an insurance company in accordance with  subdivision five of section one hundred twenty-three of this article, an  amount  equal  to  all  accrued  and  unpaid  interest, amortization and  dividends  on  the  stock  and  evidences   of   indebtedness   of   the  redevelopment company theretofore accumulated in accordance with section  one  hundred  seven of this article shall be charged against the special  reserve account except to the extent  included  in  total  actual  final  cost,  and any remaining cash surplus derived from earnings remaining in  the treasury of the redevelopment company shall be transferred  to  such  insurance  company  and  shall  be credited by it to the special reserve  account provided for in this section applicable to such project.    Except as specifically provided  herein  this  article  shall  not  be  deemed  to limit or restrict any power or authority granted to insurance  companies or to any other corporation or to any fiduciary by  any  other  provision of law heretofore or hereafter enacted.