§ 11-10.5-109. Verification of Collateral Held – Reports Required

1. Each eligible public depository shall submit reports at least monthly to the banking board in such format as the banking board may prescribe. Such report shall demonstrate that the eligible public depository is in full compliance with the provisions of this article. In addition, each eligible public depository shall submit copies of its quarterly call reports to the banking board thirty days after the close of each fiscal quarter.
2. The board of directors of an eligible public depository shall cause an annual audit to be completed at least annually, but at intervals of not more than fifteen months, by an independent accounting firm composed of certified public accountants or a director’s examination by a public accountant or any other independent person or persons as determined by the banking board. The banking board shall adopt regulations regarding the qualifications of such public accountant and other independent person or persons who shall assume the responsibility for due care in such directors’ examinations. The banking board’s regulations shall also establish the scope of such directors’ examinations which shall include safeguards to insure that such examinations adequately describe the financial condition of the financial institution. Such independent audit or directors’ examination shall be completed and submitted to the banking board within the time lines the banking board requires. Such audits or directors’ examinations shall include, but shall not be limited to, the following information:
   1. The official custodian on whose behalf any public funds are held;
   2. The name and address of each such official custodian;
   3. The amount of public funds on deposit for each such custodian;
   4. The amount of federal deposit insurance coverage for each such official custodian;
   5. The eligible collateral pledged for aggregate uninsured public deposits and the market value of such eligible collateral; and
   6. Any other information which may be required by the banking board by rule and regulation.
3. The banking board may examine all public deposits held by and all eligible collateral required to be maintained by an eligible public depository, and all books, records, and papers pertaining thereto.
4. Each eligible public depository shall be assessed reasonable expenses by the banking board to meet the costs of any examinations made in accordance with the provisions of this section.

Source: L. 89: Entire article R&RE, p. 599, § 1, effective September 1. L. 90: IP(2) amended, p. 667, § 35, effective June 7.

Editor’s note: This section is similar to former §§ 11-10.5-109.5 and 11-50-111 as they existed prior to 1989.