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Administrative Rules

CHAPTER 6:02:03

LOSS PROCEDURE

Section

 6:02:03:01         Determination of loss.

 6:02:03:02         Certification and notification.

 6:02:03:03         Confirmation of deposits by public depositors.

 6:02:03:04         Sale of collateral.

 6:02:03:05         Repealed.

 6:02:03:06         Repealed.




Rule 06:02:03:01 Determination of loss.

          6:02:03:01.  Determination of loss. For the purpose of carrying out SDCL 4-6A-11, the commission may use information obtained by the federal deposit insurers in ascertaining the amount of public funds on deposit in a public depository subject to a loss, and the amount of such funds covered by deposit insurance.

          Source: 2 SDR 51, effective January 13, 1976; 13 SDR 37, effective October 9, 1986; 24 SDR 93, effective January 12, 1998.

          General Authority:SDCL 4-6A-20.

          Law Implemented:SDCL 4-6A-11.




Rule 06:02:03:02 Certification and notification.

          6:02:03:02.  Certification and notification. Pursuant to SDCL 4-6A-11, the commission shall certify the amounts determined pursuant to § 6:02:03:01 to each public depositor and send written notice of the loss to each depository by certified mail.

          Source: 2 SDR 51, effective January 13, 1976; 24 SDR 93, effective January 12, 1998.

          General Authority:SDCL 4-6A-20.

          Law Implemented:SDCL 4-6A-11.




Rule 06:02:03:03 Confirmation of deposits by public depositors.

          6:02:03:03.  Confirmation of deposits by public depositors. Pursuant to SDCL 4-6A-12, each public depositor shall furnish the following information within 10 days after receipt of certification of a loss:

          (1)  The amount of its demand deposits;

          (2)  The amount of its time deposits at the public depository subject to a loss, according to its records;

          (3)  Any other transactions with the public depository which might affect the amount due the public depositor from the public depository; and

          (4)  An explanation of any difference between its deposit records and the amounts certified to it by the commission.

          Source: 2 SDR 51, effective January 13, 1976; 24 SDR 93, effective January 12, 1998.

          General Authority:SDCL 4-6A-20.

          Law Implemented:SDCL 4-6A-12.




Rule 06:02:03:04 Sale of collateral.

          6:02:03:04.  Sale of collateral. If a loss occurs the commission may use the services of the South Dakota state investment office in the sale of collateral held by a public depository.

          Source: 2 SDR 51, effective January 13, 1976; 13 SDR 37, effective October 9, 1986; 24 SDR 93, effective January 12, 1998.

          General Authority:SDCL 4-6A-20.

          Law Implemented:SDCL 4-6A-13.




Rule 06:02:03:05 Repealed.

          6:02:03:05.  Payment of assessments by depositories.Repealed.

          Source: 2 SDR 51, effective January 13, 1976; repealed, 13 SDR 37, effective October 9, 1986.




Rule 06:02:03:06 Repealed.

          6:02:03:06.  Reimbursement of public depositors from proceeds of assessments.Repealed.

          Source: 2 SDR 51, effective January 13, 1976; repealed, 13 SDR 37, effective October 9, 1986.

Online Archived History: