N.J. Admin. Code § 3:34-1.2

Current through Register Vol. 56, No. 19, October 7, 2024
Section 3:34-1.2 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Act" or "GUDPA" means the Governmental Unit Deposit Protection Act, 17:9-41 et seq.

"Adequately capitalized" means, with respect to a public depository, "adequately capitalized" as the term is defined in 17:9-41.

"Association" means any State or Federally chartered savings and loan association.

"Call report" means the quarterly report on a depository's overall condition made to the appropriate Federal banking agency as defined by subsections (q) and (r) of section 3 of the Federal Deposit Insurance Act, Pub. L. 81-797 (12 U.S.C. § 1813(q) and (r)) or to the National Credit Union Administration.

"Capital funds" means:

1. In the case of a State bank or national bank or capital stock savings bank, the aggregate of the capital stock, surplus and undivided profits of the bank or savings bank;

2. In the case of a mutual savings bank, the aggregate of the capital deposits, if any, and the surplus of the savings bank;

3. In the case of an association, the aggregate of all reserves required by any law or regulation, and the undivided profits, if any, of the association; and

4. In the case of a credit union, the aggregate of all reserves required by any law or regulation, and the capital deposits of the credit union.

"Commissioner" means the Commissioner of the New Jersey Department of Banking and Insurance.

"Credit union" means a credit union as defined in 17:13-80.

"Critically undercapitalized" means, with respect to a public depository, "critically undercapitalized" as the term is defined in 17:9-41.

"Custodial depository or custodian" means the depositories specified in N.J.S.A. 17:9-44c.

"Department" means the New Jersey Department of Banking and Insurance.

"Eligible collateral" means:

1. Obligations of any of the following:

i. The United States;

ii. Any agency or instrumentality of the United States, including, but not limited to, the Student Loan Marketing Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Federal Housing Administration and the Small Business Administration;

iii. The State of New Jersey or any of its political subdivisions; or

iv. Any other governmental unit;

2. Obligations guaranteed or insured by any of the following, to the extent of that insurance or guaranty:

i. The United States;

ii. Any agency or instrumentality of the United States, including, but not limited to, the Student Loan Marketing Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Federal Housing Administration and the Small Business Administration; or

iii. The State of New Jersey or any of its political subdivisions;

3. Obligations now or hereafter authorized by law as security for public deposits;

4. Obligations in which the State, political subdivisions of the State, their officers, boards, commissions, departments and agencies may invest pursuant to an express authorization under any law authorizing the issuance of those obligations;

5. Obligations, letters of credit, or other securities or evidence of indebtedness constituting the direct and general obligation of a Federal Home Loan Bank or Federal Reserve Bank; or

6. Any other obligations as may be approved by the Commissioner by regulation or by specific approval.

"Governmental unit" means any county, municipality, school district, or any public body corporate and politic created or established under any law of this State by or on behalf of any one or more counties or municipalities, or any board, commission, department, or agency of any of the foregoing having custody of funds, or any charitable funds established pursuant to N.J.S.A. 54:4-66.7 or spillover funds established pursuant to N.J.S.A. 54:4-66.7.e.

"Public depository" means a State or Federally chartered bank, savings bank or an association located in this State or a State or Federally chartered bank, savings bank or an association located in another state with a branch office in this State, the deposits of which are insured by the Federal Deposit Insurance Corporation, or a State or Federally chartered credit union located in this State, or a State or Federally chartered credit union located in another state with a branch office in this State, the deposits of which are insured by the National Credit Union Share Insurance Fund administered by the National Credit Union Administration, and which receives or holds public funds on deposit.

"Public funds" means the funds of any governmental unit, including, but not limited to, moneys possessed or held by charitable funds established pursuant to N.J.S.A. 54:4-66.7, spillover funds established pursuant to N.J.S.A. 54:4-66.7.e, or local charitable donations as defined in N.J.S.A. 54:4-66.6 or in escrow related thereto, but does not include deposits held by the State of New Jersey Cash Management Fund.

"Significantly undercapitalized" means, with respect to a public depository, "significantly undercapitalized" as the term is defined in 17:9-41.

"Undercapitalized" means, with respect to a public depository, "undercapitalized" as the term is defined in 17:9-41.

"Uninsured" means not insured by the Federal Deposit Insurance Corporation (FDIC), the National Credit Union Share Insurance Fund administered by the National Credit Union Administration, or by any other agency of the United States which insures deposits made in public depositories.

"Valuation date" means March 31, June 30, September 30, and December 31.

"Well capitalized" means, with respect to a public depository, "well capitalized" as the term is defined in 17:9-41.

N.J. Admin. Code § 3:34-1.2

Amended by 51 N.J.R. 504(a), effective 4/15/2019
Amended by 52 N.J.R. 19(a), effective 12/11/2019