Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 2 - FINANCIAL INSTITUTIONS AND SECURITIES (§§ 23-30-101 — 23-55-1007) › Chapter 47 - BANK POWERS - SUBSIDIARIES (§§ 23-47-101 — 23-47-906) › Subchapter 4 - INVESTMENTS (§ 23-47-401) › Section 23-47-401 - Investment powers and limitations

(a)
A state bank may invest its funds without limitation in the following:
(1)
Direct obligations of the United States Government;
(2)
Obligations of agencies and instrumentalities created by act of Congress and authorized thereby to issue securities or evidences of indebtedness, regardless of guarantee of repayment by the United States Government;
(3)
Obligations the principal and interest of which are fully guaranteed by the United States Government or an agency or an instrumentality created by an act of the United States Congress and authorized thereby to issue such a guarantee;
(4)
Obligations the principal and interest of which are fully secured, insured, or covered by commitments or agreements to purchase by the United States Government or an agency or instrumentality created by an act of the United States Congress and authorized thereby to issue such commitments or agreements;
(5)
General obligations of the states of the United States and of the political subdivisions, municipalities, commonwealths, territories, or insular possessions thereof;
(6)
Obligations issued by the State Board of Education under authority of the Arkansas Constitution or applicable statutes;
(7)
Warrants of political subdivisions of the State of Arkansas and municipalities thereof having maturities not exceeding one (1) year;
(8)
Prerefunded municipal bonds, the principal and interest of which are fully secured by the principal and interest of a direct obligation of the United States Government;
(9)
The sale of federal funds with a maturity of not more than one (1) business day;
(10)
Demand, savings, or time deposits or accounts of any depository institution chartered by the United States, any state of the United States, or the District of Columbia, provided funds invested in such demand, savings, or time deposits or accounts are fully insured by a federal deposit insurance agency;
(11)
Repurchase agreements that are fully collateralized by direct obligations of the United States Government, and general obligations of any state of the United States or any political subdivision thereof, provided that the repurchase agreement shall provide for the taking of delivery of the collateral, either directly or through an authorized custodian; and
(12)
Securities of, or other interest in, any open-end type investment company or investment trust registered under the Investment Company Act of 1940, and which is defined as a "money market fund" under
17 C.F.R. § 270.2a-7
, provided that the portfolio of the investment company or investment trust is limited principally to United States Government obligations and to repurchase agreements fully collateralized by United States Government obligations, and provided further that the investment company or investment trust shall take delivery of the collateral either directly or through an authorized custodian.
(b)
A state bank may invest no more than twenty percent (20%) of its capital base in any single investment of the following types:
(1)
Corporate debt obligations, including commercial paper, of any corporation that is not an affiliate or subsidiary of the bank;
(2)
Revenue bond issues of any state of the United States or any municipality or any political subdivision thereof;
(3)
Industrial development bonds for corporate obligors issued through any state of the United States or any political subdivision thereof;
(4)
Securities of, or other interests in, an open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, provided that the portfolio of such an investment company or investment trust is limited to United States Government obligations and to repurchase agreements fully collateralized by United States Government obligations, and provided further that any such investment company or investment trust shall take the delivery of the collateral either directly or through an authorized custodian;
(5)
Securities or other interests issued, assumed, or guaranteed by the International Bank for Reconstruction and Development, the Inter-American Development Bank, the European Bank for Reconstruction and Development, the Asian Development Bank, or the African Development Bank Group; and
(6)
Uninsured demand, savings, or time deposits or accounts of any depository institution chartered by the United States, any state of the United States, or the District of Columbia.
(c)
Subject to such additional restrictions and limitations as may be imposed by the Bank Commissioner, a state bank may invest in any other investment securities which are not described in subsection (a) or subsection (b) of this section to the extent that such investment securities are authorized for national banks.
(d)
A state bank may invest in any investment not described in subsections (a) and (b) of this section as may be authorized by State Bank Department rules.
Amended by Act 2019, No. 315,§ 2537, eff. 7/24/2019.
Acts 1997, No. 89, § 1.