Section 15A. (a) As used in this section and in sections 15B to 15K, inclusive, ''legal list'' or ''legal investments'' shall mean the list of securities approved for investment by the commissioner.
(b) On or before July 1 of each year, the commissioner shall prepare a list of all stocks, bonds, notes and other interest-bearing obligations which are then legal investments under said sections 15B to 15K, inclusive; provided, however, that all privately placed or held issues may in the discretion of the commissioner be omitted. An entity issuing such an instrument shall identify itself directly to the commissioner as being eligible to be included on the list under sections 15E to 15K, inclusive; provided, however, that the commissioner shall have the discretion to add any entity and instrument to the list. The list shall include the name of any investment fund approved by the commissioner which invests only in such stocks, bonds, notes and other interest bearing obligations. The shares of any such investment fund so approved shall be legal investments pursuant to this section to the same extent as any such stocks, bonds, notes and other interest bearing obligations. The list shall at all times be public. In the preparation of any such list which the commissioner shall prepare or furnish, the commissioner may employ expert assistance as the commissioner believes proper or may rely upon information contained in publications which the commissioner believes authoritative in reference to such matters and the commissioner shall not be held responsible or liable for the omission from the list of the name of any state or political subdivision or authority of the state or of any corporation or association the stocks, bonds, notes or other interest bearing obligations which so conform or any investment fund which conforms to this chapter or for the omission of any investment funds, stocks, bonds, notes or other interest bearing obligations which so conform. The commissioner shall not be held responsible or liable for inclusion in the list of any such names or of nonconforming investment funds, stocks, bonds, notes or other interest-bearing obligations.
(c) Officers and members of a board of a bank or credit union may rely upon the legal list as representing an accurate listing of investment funds, stocks, bonds, notes and other interest bearing obligations eligible for investment by the bank or credit union and no officer or member shall be personally liable for any loss incurred by the bank or credit union arising from the purchase in good faith of any shares in an investment fund or security appearing on the list at the time of the purchase.
(d) Subsequent to the annual preparation of the list, the commissioner may add the name of any investment fund which meets the requirements of this section.
(e) Before making an investment under this section, an entity shall conduct an appropriate level of due diligence to determine if an investment is both permissible and appropriate. This may include both internal and external analysis. For debt instruments, the analysis shall not rely solely on 1 or more credit rating agencies and the entity shall determine that the instrument has both a low risk of default by the obligor and the full and timely repayment is expected over the expected life of the investment.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 167 - Supervision of Banks
Section 1a - Rules and Regulations
Section 2 - Examination of Banks
Section 2b - Investigation of Unfair Practices
Section 2c - Proceedings Regarding Unfair Practices; Notice; Hearing
Section 2d - Unfair Practices; Findings; Cease and Desist Orders; Penalty; Modification of Order
Section 2e - Review of Cease and Desist Orders; Civil Liability
Section 2f - Violations of Cease and Desist Orders; Penalties
Section 2g - Penalties for Unfair Practices; Enforcement
Section 2i - Compliance With Federal Laws and Regulations
Section 2j - Confidentiality of Information Provided in Applications Filed With Commissioner
Section 4 - Summoning and Examination of Bank Officers
Section 5 - Request for Bank Examination
Section 7 - Statements and Reports Required by Commissioner or by Law
Section 8 - Failure to Make or Amend Return, Statement or Report
Section 9 - Destruction or Disposal of Records, etc.; Payment of Proceeds
Section 10 - Reports of Fraud, Embezzlement or Misconduct by Bank Officers or Employees
Section 11 - Shortages in Funds; Reports; Fine
Section 12 - Misconduct by Bank Officers; Suspension; Removal
Section 12a - Criminal Charges Against Bank Officers; Suspension or Removal From Office
Section 14a - Mortgage Review Boards; Members; Terms; Appointment; Meetings; Rules and Regulations
Section 15 - Annual List to Investment Committee of Banks Meeting Local Community Needs
Section 15a - Annual List of Legal Investments
Section 15f - Investment in Bonds of Company Engaged in the Business of Furnishing Telephone Service
Section 15h - Investment in Common Stock of Banking Corporations and Bank Holding Companies
Section 15k - Classes of Securities in Which Entity May Invest
Section 18 - Appraisal of Real Estate in Case of Excessive Loan
Section 19 - Losses of Bank Exceeding Surplus and Other Reserve Accounts
Section 21a - Assent to and Participation in Bank Reorganization by Government Officers
Section 22 - Taking Possession of Property and Business of Bank by Commissioner
Section 23 - Notice of Taking Possession of Bank by Commissioner
Section 25 - Prosecution and Defense of Suits and Other Legal Proceedings; Sales of Property
Section 26a - Assistance of Federal Agency as Liquidating Agent; Notice Requirements
Section 27 - Inventory of Bank Assets
Section 28 - Notice to Claimants; Claims Presented
Section 29 - List of Claims Presented
Section 30 - Fees and Expenses
Section 31 - Dividends; Objections to Claims
Section 31a - Dividend Payments to Minors; Disposition of Accounts of Decedents
Section 32 - Property Deposited With Bank; Disposition
Section 33 - Bank Aggrieved by Action of Commissioner; Application for Injunction
Section 34 - Stockholders' Meeting
Section 35 - Unclaimed Dividends and Funds
Section 35a - Destruction of Books, Records, Etc. Concerning Bank and Liquidation Thereof
Section 35b - Reports on Banks in Possession of Commissioner
Section 36 - Equity Jurisdiction of Supreme Judicial Court
Section 37 - Unauthorized Banking
Section 37a - Examination of Accounts, Books and Papers to Determine Violation of Sec. 37
Section 37b - Student Bank Programs
Section 40a - Registration With Commissioner; Reports
Section 41 - Access to Vaults, Books and Papers; Summoning Witnesses; Administering Oaths
Section 42 - Insolvent Foreign or Out-of-State Banks; Injunction
Section 46 - Honoring and Cashing of Pensioners' and Retirees' Checks
Section 48 - Financing of Premises Containing Lead in Paint, Plaster or Materials
Section 49 - Definitions Applicable to Secs. 49 to 51