§ 2-229. Third party custodial agreements.  


Latest version.
  • (a)

    Securities, with the exception of certificates of deposit, shall be held with a third party custodian; and all securities purchased by, and all collateral obtained by the town should be properly designated as an asset of the town. The securities must be held in an account separate and apart from the assets of the financial institution. A third party custodian is defined as any bank depository chartered by the federal government, the state, or any other state or territory of the United States which has a branch or principal place of business in the state, as defined in F.S. § 658.12, or by a national association organized and existing under the laws of the United States which is authorized to accept and execute trusts and which is doing business in the state. Certificates of deposits will be placed in the provider's safekeeping department for the term of the deposit.

    (b)

    The custodian shall accept transaction instructions only from those persons who have been duly authorized by the town manager and which authorization has been provided in writing to the custodian. No withdrawal of securities, in whole or in part, shall be made from safekeeping, except by a duly authorized person.

    (c)

    The custodian shall provide the finance director with safekeeping receipts that provide detailed information of the securities held by the custodian. Security transactions between a broker/dealer and the custodian involving the purchase or sale of securities by transfer of money or securities must be made on a delivery versus payment basis, if applicable, to ensure that the custodian will have the security or money, as appropriate, in hand at the conclusion of the transaction. Securities held as collateral shall be held free and clear of any liens.

(Code 1999, § 2-228; Ord. No. 2001-02, § 1, 2-27-2001)