Nevada Code § 355.170

Authorized investments; disposition of interest
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1. Except as otherwise provided in this
section and NRS 354.750 and 355.171 , the governing body of a local
government or an administrative entity established pursuant to NRS 277.080 to 277.180 , inclusive, that is not a local
government may purchase for investment the following securities and no others:
(a) Bonds and debentures of the United States,
the maturity dates of which do not extend more than 10 years after the date of
purchase.
(b) A bond, note or other obligation issued or
unconditionally guaranteed by the International Bank for Reconstruction and
Development, the International Finance Corporation or the Inter-American
Development Bank that:
(1) Is denominated in United States
dollars;
(2) Is a senior unsecured unsubordinated
obligation;
(3) At the time of purchase has a
remaining term to maturity of 5 years or less; and
(4) Is rated by a nationally recognized
rating service as AA or its equivalent, or better,
except that
investments pursuant to this paragraph may not, in aggregate value, exceed 15
percent of the total par value of the portfolio as determined at the time of
purchase.
(c) A bond, note or other obligation publicly
issued in the United States by a foreign financial institution, corporation or
government that:
(1) Is denominated in United States
dollars;
(2) Is a senior unsecured unsubordinated
obligation;
(3) Is registered with the Securities and
Exchange Commission in accordance with the provisions of the Securities Act of
1933, 77a et seq., as amended;
(4) Is purchased from a registered
broker-dealer;
(5) At the time of purchase has a
remaining term to maturity of 5 years or less; and
(6) Is rated by a nationally recognized
rating service as A or its equivalent, or better,
except that
investments pursuant to this paragraph may not, in aggregate value, exceed 10
percent of the total par value of the portfolio as determined at the time of
purchase.
(d) Farm loan bonds, consolidated farm loan
bonds, debentures, consolidated debentures and other obligations issued by
federal land banks and federal intermediate credit banks under the authority of
the Federal Farm Loan Act, formerly 12 U.S.C. 636 to 1012, inclusive, and 
1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. 2001 to
2259, inclusive, and bonds, debentures, consolidated debentures and other
obligations issued by banks for cooperatives under the authority of the Farm
Credit Act of 1933, formerly 12 U.S.C. 1131 to 1138e, inclusive, and the
Farm Credit Act of 1971, 12 U.S.C. 2001 to 2259, inclusive.
(e) Bills and notes of the United States
Treasury, the maturity date of which is not more than 10 years after the date
of purchase.
(f) Obligations of an agency or instrumentality
of the United States of America or a corporation sponsored by the government,
the maturity date of which is not more than 10 years after the date of
purchase.
(g) Negotiable certificates of deposit issued by
commercial banks, insured credit unions, savings and loan associations or
savings banks that:
(1) At the time of purchase have a
remaining term to maturity of 5 years or less; and
(2) If the certificates are not within the
limits of insurance provided by an instrumentality of the United States, are
rated by a nationally recognized rating service as A-1, P-1 or its equivalent,
or better, or are collateralized in the same manner as is required for
uninsured deposits by a county treasurer pursuant to NRS 356.133 ,
except that
not more than 5 percent of the total par value of the portfolio may be invested
in notes, bonds and other unconditional obligations issued by any one
commercial bank, insured credit union, savings and loan association or savings
bank. If the rating of an obligation is reduced to a level that does not meet
the requirements of this paragraph, the investment advisor must report the
reduction in the rating to the governing body of the local government that
purchased the investment, the governing body of the local government or, if the
purchase was effected by the State Treasurer pursuant to his or her investment
of a pool of money from local governments, the State Treasurer must take such
action as the governing body or State Treasurer deems appropriate to preserve
the principal value and integrity of the portfolio as a whole and the governing
body or State Treasurer, as applicable, must report to the State Board of
Finance any action taken pursuant to this paragraph. For the purposes of
subparagraph (2) of this paragraph, any reference in NRS 356.133 to a county treasurer or
board of county commissioners shall be deemed to refer to the appropriate
financial officer or governing body of the local government purchasing the certificates.
(h) Securities which have been expressly
authorized as investments for local governments by any provision of Nevada
Revised Statutes or by any special law.
(i) Nonnegotiable certificates of deposit issued
by insured commercial banks, insured credit unions, insured savings and loan
associations or insured savings banks, except certificates that are not within
the limits of insurance provided by an instrumentality of the United States,
unless those certificates are collateralized in the same manner as is required
for uninsured deposits by a county treasurer pursuant to NRS 356.133 . For the purposes of this
paragraph, any reference in NRS 356.133 to a county treasurer or board of county commissioners shall be deemed to
refer to the appropriate financial officer or governing body of the local
government purchasing the certificates.
(j) Subject to the limitations contained in NRS 355.177 , negotiable notes or
medium-term obligations issued by local governments of the State of Nevada
pursuant to NRS 350.087 to 350.095 , inclusive.
(k) Bankers acceptances of the kind and
maturities made eligible by law for rediscount with Federal Reserve Banks, and
generally accepted by banks or trust companies which are members of the Federal
Reserve System. Eligible bankers acceptances may not exceed 180 days
maturity. Purchases of bankers acceptances may not exceed 25 percent of the
money available to a local government for investment as determined at the time
of purchase.
(l) Obligations of state and local governments if
the obligation:
(1) Has been rated A or higher by one or
more nationally recognized bond credit rating agencies; or
(2) Is secured by the proceeds that are
paid into the tax increment account of a tax increment area created by a
municipality pursuant to NRS 278C.220 .
(m) Commercial paper issued by a corporation,
trust or limited-liability company organized and operating in the United States
or by a depository institution licensed by the United States or any state and
operating in the United States that:
(1) At the time of purchase has a
remaining term to maturity of no more than 270 days; and
(2) Is rated by a nationally recognized
rating service as A-1, P-1 or its equivalent, or better,
except that
investments pursuant to this paragraph may not, in aggregate value, exceed 25
percent of the total par value of the portfolio as determined at the time of
purchase, and not more than 5 percent of the total par value of the portfolio
may be invested in commercial paper issued by any one corporation or depository
institution. If the rating of an obligation is reduced to a level that does not
meet the requirements of this paragraph, the investment advisor must report the
reduction in the rating to the governing body of the local government that
purchased the investment, the governing body of the local government or, if the
purchase was effected by the State Treasurer pursuant to his or her investment
of a pool of money from local governments, the State Treasurer must take such
action as the governing body or State Treasurer deems appropriate to preserve
the principal value and integrity of the portfolio as a whole and the governing
body or State Treasurer, as applicable, must report to the State Board of Finance
any action taken pursuant to this paragraph.
(n) Money market mutual funds which:
(1) Are registered with the Securities and
Exchange Commission;
(2) Are rated by a nationally recognized
rating service as AAA or its equivalent; and
(3) Invest only in:
(I) Securities issued by the Federal
Government or agencies of the Federal Government;
(II) Master notes, bank notes or
other short-term commercial paper rated by a nationally recognized rating
service as A-1, P-1 or its equivalent, or better, issued by a corporation
organized and operating in the United States or by a depository institution
licensed by the United States or any state and operating in the United States;
or
(III) Repurchase agreements that are
fully collateralized by the obligations described in sub-subparagraphs (I) and
(II).
(o) Obligations of the Federal Agricultural
Mortgage Corporation.
2. Repurchase agreements are proper and
lawful investments of money of a governing body of a local government for the
purchase or sale of securities which are negotiable and of the types listed in
subsection 1 if made in accordance with the following conditions:
(a) The governing body of the local government
shall designate in advance and thereafter maintain a list of qualified counterparties
which:
(1) Regularly provide audited and, if
available, unaudited financial statements;
(2) The governing body of the local
government has determined to have adequate capitalization and earnings and
appropriate assets to be highly creditworthy; and
(3) Have executed a written master
repurchase agreement in a form satisfactory to the governing body of the local
government pursuant to which all repurchase agreements are entered into. The
master repurchase agreement must require the prompt delivery to the governing
body of the local government and the appointed custodian of written
confirmations of all transactions conducted thereunder, and must be developed
giving consideration to the Federal Bankruptcy Act.
(b) In all repurchase agreements:
(1) At or before the time money to pay the
purchase price is transferred, title to the purchased securities must be
recorded in the name of the appointed custodian, or the purchased securities
must be delivered with all appropriate, executed transfer instruments by
physical delivery to the custodian;
(2) The governing body of the local
government must enter a written contract with the custodian appointed pursuant
to subparagraph (1) which requires the custodian to:
(I) Disburse cash for repurchase
agreements only upon receipt of the underlying securities;
(II) Notify the governing body of
the local government when the securities are marked to the market if the
required margin on the agreement is not maintained;
(III) Hold the securities separate
from the assets of the custodian; and
(IV) Report periodically to the
governing body of the local government concerning the market value of the
securities;
(3) The market value of the purchased
securities must exceed 102 percent of the repurchase price to be paid by the
counterparty and the value of the purchased securities must be marked to the
market weekly;
(4) The date on which the securities are
to be repurchased must not be more than 90 days after the date of purchase; and
(5) The purchased securities must not have
a term to maturity at the time of purchase in excess of 10 years.
3. The securities described in paragraphs
(a), (d) and (e) of subsection 1 and the repurchase agreements described in
subsection 2 may be purchased when, in the opinion of the governing body of the
local government, there is sufficient money in any fund of the local government
to purchase those securities and the purchase will not result in the impairment
of the fund for the purposes for which it was created.
4. When the governing body of the local
government has determined that there is available money in any fund or funds
for the purchase of bonds as set out in subsection 1 or 2, those purchases may
be made and the bonds paid for out of any one or more of the funds, but the
bonds must be credited to the funds in the amounts purchased, and the money
received from the redemption of the bonds, as and when redeemed, must go back
into the fund or funds from which the purchase money was taken originally.
5. Any interest earned on money invested
pursuant to subsection 3, may, at the discretion of the governing body of the
local government, be credited to the fund from which the principal was taken or
to the general fund of the local government.
6. The governing body of a local
government may invest any money apportioned into funds and not invested
pursuant to subsection 3 and any money not apportioned into funds in bills and
notes of the United States Treasury, the maturity date of which is not more
than 1 year after the date of investment. These investments must be considered
as cash for accounting purposes, and all the interest earned on them must be
credited to the general fund of the local government.
7. This section does not authorize the
investment of money administered pursuant to a contract, debenture agreement or
grant in a manner not authorized by the terms of the contract, agreement or
grant.
8. As used in this section:
(a) Counterparty means a bank organized and
operating or licensed to operate in the United States pursuant to federal or
state law or a securities dealer which is:
(1) A registered broker-dealer;
(2) Designated by the Federal Reserve Bank
of New York as a primary dealer in United States government securities; and
(3) In full compliance with all applicable
capital requirements.
(b) Local government has the meaning ascribed
to it in NRS 354.474 .
(c) Repurchase agreement means a purchase of
securities by the governing body of a local government from a counterparty
which commits to repurchase those securities or securities of the same issuer,
description, issue date and maturity on or before a specified date for a
specified price.

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