New York Administration Of Sinking Funds.
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§ 274. Administration of sinking funds. The comptroller shall
administer and manage the several sinking funds of the city established
prior to July first, nineteen hundred eighty-one, and shall have custody
of the securities in such funds. In the administration of such funds the
comptroller shall be deemed to be acting in a fiduciary capacity. Where
moneys of such sinking funds are invested pursuant to section two
hundred seventy-five of this charter, in securities which are
obligations of the United States or of any agency, subdivision,
department, division or instrumentality thereof, or obligations fully
guaranteed or insured as to interest and principal by an agency,
subdivision, department, division or instrumentality of the United
States, acting pursuant to a grant of authority from the congress of the
United States, notwithstanding any other provision of law, the
comptroller may turn over the physical custody and safekeeping of these
obligations to (a) any bank or trust company incorporated in this state,
or (b)any national bank located in this state, or (c) any private banker
duly authorized by the superintendent of banks of this state to engage
in business here. All such private bankers shall, as private bankers,
maintain a permanent capital of not less than one million dollars in
this state. The comptroller may direct such bank, trust company or
private banker to register and hold any such securities in its custody,
in the name of its nominee. The comptroller may deposit, or authorize
such bank, trust company or private banker, to deposit, or arrange for
the deposit of, any of such securities with a federal reserve bank to be
credited to an account as to which the ownership of, and other interest
in, such securities may be transferred by entries on the books of such
federal reserve bank without physical delivery of any such securities.
The records of any such bank, trust company or private banker shall
show, at all times, the ownership of such obligations, and they shall,
when held in the possession of such bank, trust company or private
banker be, at all times, kept separate from the assets of such bank,
trust company or private banker. When any such obligations are so
registered in the name of a nominee, such bank, trust company or private
banker shall be absolutely liable for any loss occasioned by the acts of
such nominee with respect to such obligations.