2 CRR-NY 38.3NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 2. DEPARTMENT OF AUDIT AND CONTROL
CHAPTER II. MUNICIPAL AFFAIRS
SUBCHAPTER A. SALES OF BONDS AND NOTES; DEBT STATEMENTS
PART 38. SINKING FUNDS FOR BONDS OF MUNICIPALITIES AND SCHOOL DISTRICTS
2 CRR-NY 38.3
2 CRR-NY 38.3
38.3 Schedule of deposits to sinking fund.
(a) On the date of issuance of sinking fund bonds, the issuer thereof shall deliver to the State Comptroller a schedule setting forth the amount of bonds which would have been payable each year had the entire indebtedness been financed entirely by the issuance of serial bonds. If an issue of sinking fund bonds is combined with an issue of serial bonds, then the schedule shall set forth:
(1) the amount of bonds scheduled to mature in each year;
(2) the amount of bonds which would have been payable in each year had the indebtedness been issued entirely as serial bonds; and
(3) the difference in each year between the amounts set forth in paragraphs (1) and (2) of this subdivision.
Such schedule shall state the assumptions used to calculate such amounts and shall contain a certification that such assumptions are reasonable. The issuer shall also deliver to the State Comptroller on such date a schedule setting forth the amount required to be on deposit in the sinking fund account in each year from the date of issuance of the bonds until their maturity, which amount shall be calculated as described in paragraph c of section 22.10 of the Local Finance Law.
(b)
(1) If the issuer requests such information at least 45 days prior to the date the annual contribution to the sinking fund account is required to be made, the State Comptroller shall inform the issuer not less than 25 days prior to such date of the amount of cash and investments then held in the sinking fund account, setting forth for each investment: purchase date, purchase price, the accrued interest portion of the purchase price, face amount, maturity date, maturity amount, interest rate, interest payment dates, and if disposed of prior to the notification date, disposition date, disposition price, accrued interest portion of the disposition price and any other information necessary to the issuer to enable it to determine the value of the assets held in the sinking fund as of the date the annual contribution to the sinking fund account is to be made.
(2) Not less than 15 days nor more than 30 days prior to the date the annual contribution to the sinking fund account is to be made, the issuer shall deliver to the State Comptroller a certificate stating the amount expected to be on deposit in the sinking fund account on the date the contribution is to be made, the calculation of which amount shall take into account the provisions of section 38.9(a) of this Part and the amount, if any, expected to be deposited by the issuer in the sinking fund on such date. If, in the opinion of the State Comptroller, such calculations are erroneous or if, in the opinion of the State Comptroller, the actual amount on deposit in the sinking fund and the actual amount to be contributed thereto are not equal to the expected amounts, the State Comptroller shall promptly notify the issuer thereof.
(c) Contributions to sinking funds for sinking fund bonds which are not subject to mandatory redemption shall be scheduled to be made on such day or days as may be agreed upon by the State Comptroller and the issuer. Contributions to sinking funds for sinking fund bonds which are subject to mandatory redemption shall be scheduled to be made not less than 10 days prior to the date scheduled for such redemption.
2 CRR-NY 38.3
Current through August 31, 2022
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