2023 Tennessee Code › Title 9 - PUBLIC FINANCES (§§ 9-1-101 — 9-24-106) › Chapter 4 - STATE FUNDS, STATE BUDGET AND APPROPRIATIONS (§§ 9-4-101 — 9-4-5612) › Part 5 - COLLATERAL POOL FOR PUBLIC DEPOSITS ACT OF 1990 (§§ 9-4-501 — 9-4-523) › Section 9-4-504 - Collateral for public deposits

(a)
Every qualified public depository shall deposit with the state treasurer eligible collateral equal to or in excess of the required collateral of the depository. Each qualified public depository shall calculate monthly the amount of its required collateral based upon notice of its collateral-pledging level from the board.
(b)
A qualified public depository shall maintain required collateral to secure public deposits. A qualified public depository which accepts any public deposit that would increase its required collateral by twenty-five percent (25%) shall deposit additional eligible collateral to secure such increase within two (2) business days of the deposit.
(c)
Upon approval to participate in the collateral pool, a qualified public depository may secure public deposits through the collateral pool.
(d)
A qualified public depository shall notify its public depositors that all their public deposits are secured through the collateral pool as provided in this part. The notification shall be made at the time the public depository is admitted to the collateral pool or when an account is established by a public depositor with the qualified public depository. A qualified public depository must notify its public depositors of any change in the manner collateral is held. Notice to public depositors under this part shall constitute the mailing of the appropriate information to the individual indicated on the account authorization.
(e)
A qualified public depository shall carry in its accounting records a general ledger or other appropriate account of all public deposits to be secured through the collateral pool and the total value of eligible collateral pledged to secure such deposits.
(f)
(1)
A qualified public depository may accept deposits, investments or deposits for placement as provided in §
9-1-118
, and may act as custodian of other evidences of the deposits by the public entity.
(2)
Deposits placed in federally insured institutions, in amounts that are fully insured and that are not liabilities of the qualified public depository, are not included in the term average daily balance, as provided in §
9-4-502
. However, any funds accepted for deposit or placement that are not placed in federally insured institutions shall be included in the term average daily balance and collateralized as provided in this section.
(g)
[Deleted by 2021 amendment.]
(h)
[Repealed effective December 31, 2026.]
Notwithstanding any law or rule to the contrary, a qualified public depository meeting the board-established criteria to pledge collateral equal to one hundred percent (100%) is authorized to pledge collateral equal to ninety percent (90%) of the public deposits held by the depository on or after November 12, 2021. This subsection (h) is repealed on December 31, 2026.
Amended by 2021EX3 Tenn. Acts, ch. 2, s 2, eff. 11/12/2021.
Amended by 2021 Tenn. Acts, ch. 393, s 1, eff. 5/11/2021.
Acts 1990, ch. 1043, § 1; 1996, ch. 621, § 9; 2005, ch. 432, § 2; 2012 , ch. 544, § 5.