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5 <br />MINNESOTA STATUTES 2013 118A.05 <br />(4) a securities broker-dealer licensed pursuant to chapter 80A, or an affiliate of it, regulated <br />by the Securities and Exchange Commission and maintaining a combined capital and surplus of <br />$40,000,000 or more, exclusive of subordinated debt. <br />Reverse agreements may only be entered into for a period of 90 days or less and only to <br />meet short-term cash flow needs. In no event may reverse repurchase agreements be entered into <br />for the purpose of generating cash for investments, except as stated in subdivision 3. <br />Subd. 3. Securities lending agreements. Securities lending agreements, including custody <br />agreements, may be entered into with a financial institution meeting the qualifications of <br />subdivision 2, clause (1) or (2), and having an office located in Minnesota. Securities lending <br />transactions may be entered into with entities meeting the qualifications of subdivision 2 and <br />the collateral for such transactions shall be restricted to the securities described in this section <br />and section 118A.04. <br />Subd. 4. Minnesota joint powers investment trust. Government entities may enter into <br />agreements or contracts for: <br />(1) shares of a Minnesota joint powers investment trust whose investments are restricted to <br />securities described in this section and section 118A.04; <br />(2) units of a short-term investment fund established and administered pursuant to <br />regulation 9 of the Office of the Comptroller of the Currency, in which investments are restricted <br />to securities described in this section and section 118A.04; <br />(3) shares of an investment company which is registered under the Federal Investment <br />Company Act of 1940 and which holds itself out as a money market fund meeting the conditions <br />of rule 2a-7 of the Securities and Exchange Commission and is rated in one of the two highest <br />rating categories for money market funds by at least one nationally recognized statistical rating <br />organization; or <br />(4) shares of an investment company which is registered under the Federal Investment <br />Company Act of 1940, and whose shares are registered under the Federal Securities Act of <br />1933, as long as the investment company's fund receives the highest credit rating and is rated <br />in one of the two highest risk rating categories by at least one nationally recognized statistical <br />rating organization and is invested in financial instruments with a final maturity no longer than <br />13 months. <br />Subd. 5. Guaranteed investment contracts. Agreements or contracts for guaranteed <br />investment contracts may be entered into if they are issued or guaranteed by United States <br />commercial banks, domestic branches of foreign banks, United States insurance companies, <br />or their Canadian subsidiaries, or the domestic affiliates of any of the foregoing. The credit <br />quality of the issuer's or guarantor's short- and long-term unsecured debt must be rated in one <br />of the two highest categories by a nationally recognized rating agency. Agreements or contracts <br />for guaranteed investment contracts with a term of 18 months or less may be entered into <br />regardless of the credit quality of the issuer's or guarantor's long-term unsecured debt, provided <br />that the credit quality of the issuer's short-term unsecured debt is rated in the highest category <br />by a nationally recognized rating agency. Should the issuer's or guarantor's credit quality be <br />downgraded below "A", the government entity must have withdrawal rights. <br />History: 1996 c 399 art 1 s 6; 1997 c 219 s 1; 2000 c 493 s 1; 2005 c 152 art 1 s 2; 2010 c <br />234s1; 2010c385s4; 2013 c 143 art 12 s 2 <br />Copyright © 2013 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />