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46 U.S.C. § 53506Investment and fiduciary requirements

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 256 words · no verdicts yet

in plain englishAI-generated · not legal advice

Fund money generally must go into approved interest-bearing securities. With Secretary approval, up to 60 percent may instead go into qualifying listed U.S. corporate stock. If stock value grows above the agreed share, new investments and withdrawals must work to bring it back down.

(a) In General. Fund money must sit in the depository named in the agreement and follow trustee and other fiduciary rules the Secretary sets. Except as (b) allows, fund money may only go into interest-bearing securities the Secretary approves. (b) Stock Investments. With the Secretary's approval, an agreed share — up to 60 percent — of the fund's assets may go into stock of U.S. corporations that (A) is fully listed on a national securities exchange registered with the SEC, and (B) a careful investor seeking steady income and safety of principal would buy. Preferred stock counts as meeting these rules, even if it's not listed because it's nonvoting, as long as the same corporation's common stock qualifies and the preferred stock would otherwise qualify too. (c) Maintaining Agreed Percentage. If the stock in the fund is ever worth more than the agreed percentage of the fund's assets, any new investment or withdrawal must be handled so as to bring the stock's value back down toward that agreed percentage.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

Amounts in a capital construction fund shall be kept in the depository specified in the agreement and shall be subject to trustee and other fiduciary requirements prescribed by the Secretary. Except as provided in subsection (b), amounts in the fund may be invested only in interest-bearing securities approved by the Secretary.

(b)Stock Investments.—
(1)In general.—

With the approval of the Secretary, an agreed percentage (but not more than 60 percent) of the assets of the fund may be invested in the stock of domestic corporations that—

(A)

is fully listed and registered on an exchange registered with the Securities and Exchange Commission as a national securities exchange; and

(B)

would be acquired by a prudent investor seeking a reasonable income and the preservation of capital.

(2)Preferred stock.—

The preferred stock of a corporation is deemed to satisfy the requirements of this subsection, even though it may not be registered and listed because it is nonvoting stock, if the common stock of the corporation satisfies the requirements and the preferred stock otherwise would satisfy the requirements.

(c)Maintaining Agreed Percentage.—

If at any time the fair market value of the stock in the fund is more than the agreed percentage of the assets in the fund, any subsequent investment of amounts deposited in the fund, and any subsequent withdrawal from the fund, shall be made in a way that tends to restore the fair market value of the stock to not more than the agreed percentage.

Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1594.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1594

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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