2 Understanding Municipal Finance 2.2 Flashcards
General Obligation Bonds
-Secured by full faith, credit, and taxing power of an issuer
-Traditionally “unlimited”
Can GO Bonds be “limited tax bonds” - why or why not
Yes, when security is limited by the local government’s constitution or statutes
Ad Valorem (according to value) tax
One that can be raised or lowered by a local governing body without the sanction of superior levels of government
What happens in the event of default on GO bonds?
The holders of GO bonds have the right to compel a tax levy or legislative appropriation.
Nationally, how are GO bonds approved?
By referendum
Revenue Bonds
-Payable from a specific source of revenue and to which the full faith and credit of an issuer with taxing power is NOT pledged
-Paid from identified sources
-Doesn’t permit bondholders to compel taxation or legislative appropriations of funds
-Pledged revenues may be derived from the operation of the project, grants and excise taxes, and other specified non-ad-valorem taxes (e.g., income taxes)
-May include covenants to assure the adequacy of the pledged revenue sources
Special Tax Bond
A bond secured by revenues derived from one or more designated taxes other than ad valorem taxes
What is an example of a Special Tax Bond?
Bonds for a particular purpose might be supported by sales, cigarette, fuel or business license taxes
Special Assessment Bonds
-Obligation payable from a special assessment
What is a Special Assessment
-A charge imposed against a property in a particular locality because that property receives a special benefit from some public improvement that is separate from the benefit enjoyed by the public at large
-May be apportioned according to the value of the benefit received, rather than the cost of the improvement
-Part of one of the most rapidly growing areas of tax-backed financings
Moral Obligation Bond
A bond that, in addition to its primary source of security, is also secured by a non-binding covenant that any amount necessary to make up any deficiency in debt service will be included in the budget recommendation made to the governing body, which may appropriate funds to make up the shortfall.
-The governing body, however, is not legally obligated to make such an appropriation
Double-barreled Bond
A bond secured by both a defined source of revenue (other than property taxes) and the full faith and credit or taxing power of an issuer that has taxing powers.
Tax Increment/Allocation Financing
-Payable from the incremental increase in tax revenues realized from any increase in property value resulting from capital improvements benefitting the properties that are financed with bond proceeds
What type of bond/financing is often used to finance the development of blighted areas?
Tax Increment/Allocation Financing
Build America Bonds (BABs)
-Taxable municipal securities issued through December 31, 2010 under the American Recovery and Reinvestment Act of 2009 (ARRA). –BABs may be direct pay subsidy bonds or tax credit bonds.
Recovery Zone Economic Development Bonds (RZEDBs)
-A category of taxable Build America Bonds to fund infrastructure and facility improvement in areas of significant unemployment and poverty.
-RZEDBs are direct pay subsidy bonds that provide a higher subsidy rate than other direct pay subsidy BABs.
Taxable Credit Bonds
Municipal securities that entitle the bondholder to receive, in lieu of interest payments, a credit against federal income tax.
Variable Rate Demand Obligations (VRDOs)
Debt securities that bear interest at a floating, or variable, rate adjusted at specified intervals (daily, weekly, or monthly) according to a specific index or through a remarketing process. The investor has the option to put the bond back to the tender agent at any time with specified notice (e.g., seven days). The put price is par plus accrued interest. These securities typically are supported by a liquidity facility, (i.e., letter of credit, standby bond purchase credit or self-liquidity), which assists in making these securities money market fund eligible.
Tax Anticipation Notes (TANs)
Notes issued in anticipation of future tax receipts, such as receipts of ad valorem taxes that are due and payable at a set time of year.
Tax and Revenue Anticipation Notes (TARNs)
Notes issued in anticipation of receiving future tax receipts and revenues at a future date.
What is a Tax-exempt Commercial Paper?
A short-term unsecured debt where the bondholder does not pay federal, state, or local taxes on the interest payments.
Key Takeaways re: Tax-exempt Commercial Paper
-Issued with a fixed interest rate
-Has a maturity date of fewer than 270 days
-Is commonly denominated in increments of $1,000
Are interest rates on Tax-exempt Commercial Paper usually higher or lower than other short-term cash instruments? And are Tax-exempt Commercial Paper higher or lower than taxable debt?
Interest rates on tax-exempt commercial paper are typically higher than other short-term cash instruments but will be lower than taxable debt.
Tax-exempt commercial paper is usually issued to finance short-term liabilities, which provides the debt holders (bondholders) with some level of tax preference on their debt investment earnings. Tax-exempt commercial paper is issued with a fixed interest rate, has a maturity date of fewer than 270 days, and is commonly denominated in increments of $1,000.
Commercial paper is mostly a promissory note backed by the financial intuition’s health. Federal government policy does not cover losses incurred from investing in commercial paper. Furthermore, the Federal Deposit Insurance Company (FDIC) does not insure against losses from investing in tax-exempt commercial paper.
An investor’s due diligence should include checking the desired tax-exempt commercial paper’s quality ratings listed by agencies such as Standard & Poor’s or Moody’s.
Tax-exempt Commercial Paper interest rates should rise as the economy grows.
Tax-exempt commercial paper issued by the government is an indirect method of support for those specific entities as opposed to directly funding these entities. The government forgoes the collection of taxes on the interest income, but the logic is that the entity issuing the tax-exempt commercial paper will engage in activities that serve the community that will end up generating more value than the lost tax revenue. Thus, tax-exempt commercial paper can be viewed as an instrument of public policy.
Only companies with an investment-grade rating may issue commercial paper.
Institutions, such as universities and governments, typically issue tax-exempt commercial paper, while banks, mutual funds, or brokerage firms buy the tax-exempt commercial paper. The buyers may hold the commercial paper as an investment or act as an intermediary and resell the investment to their customers. There is a limited market for tax-exempt commercial paper issued directly to smaller investors. Due to the 2008 financial recession, new legislation limits the type and amount of commercial paper held in money market funds.
The Federal Reserve Board (FRB) publishes current borrowing rates on commercial paper on its website. The FRB also publishes the rates of highly rated commercial paper in a statistical release occurring each Friday.
Information relating to the total amount of outstanding paper issued is also released once per week.
Board of Governors of the Federal Reserve System. “Commercial Paper Rates and Outstanding Summary: Volume Statistics for Commercial Paper Issuance.”
The tax-exempt commercial paper is beneficial for the borrower (issuer) as they are able to access funds at lower rates than they might otherwise have to pay if they had borrowed the money from a traditional financial institution, such as a bank. Tax-exempt commercial paper can be beneficial for the lender (bond buyer) as the net rate of return may end up being higher than if they had invested in taxable commercial paper.
Municipalities and local governments may issue tax-exempt commercial paper as a way to meet short-term financial obligations, such as payroll or government expenses. They may also issue commercial paper as a way to meet expenses while pursuing longer-term capital raises.
Most commercial paper is sold in very large increments that are not available to the average retail investor. However, you can gain exposure to the commercial paper market by investing in a mutual fund or money market fund that invests in tax-exempt commercial paper.
Only governments and affiiliated bodies can issue tax-exempt commercial paper. The rules for issuance are determined by the tax code of the issuing state.
Tax-exempt commercial paper refers to short-term securities whose interest is exempt from certain state or local income taxes. This is frequently used by local and municipal governments as a way to finance their short-term debt obligations. Due to certain associated risks, the interest rates on tax-exempt commercial paper are typically higher than other short-term cash instruments.
Lease Rental, Lease Revenue, or Leasehold Revenue Bond
A bond that is secured by lease payments made by the party leasing the facilities that were financed by the bond issue. Typically,
lease rental bonds are used to finance construction of facilities (e.g., schools or office buildings) used by a state or municipality. In many cases, lease payments may be subject to annual appropriation or
will be made only from revenues associated with the facility financed. In other cases, the leasing state or municipality is obligated to appropriate funds from its general tax revenues to make lease payments as long as it utilizes the leased property
Installment Purchase Agreements
A contract where a seller will let a buyer incrementally pay for a property or asset. If the buyer cannot purchase the asset all at once, they can seek out consent from the seller to split up the payments into installments.
Certificate of Participation (COP)
An instrument evidencing a pro rata share in a specific pledged revenue stream, usually lease payments by the issuer that are typically subject to annual appropriation. The certificate generally entitles the holder to receive a share, or participation, in the
payments from a particular project. The payments are passed through the lessor to the certificate holders. The lessor typically assigns the lease and the payments to a trustee, which then distributes the payments to the certificate holders.
Annual Appropriation Pledge/Lease
A pledge typically found in the bond contract for lease revenue
bonds or securing a certificate of participation financing that commits the issuer or other obligor to make lease payments or other periodic debt service payments but only to the extent that funds are
budgeted and appropriated on an annual basis by the issuer’s governing body. The governing body is not legally obligated to make such appropriation in any year. An annual appropriation pledge typically is used only in connection with projects that are considered to be essential to the issuer’s operations and therefore the governing body is likely to appropriate the money needed to pay debt service on an on-going basis. In many jurisdictions, this clause permits a borrowing entity to undertake a long-term certificate of participation or other lease revenue obligation financing without technically incurring debt, thereby avoiding statutory or constitutional debt limitations and referendum requirements because the lease payments are characterized as payments for use of the facilities rather than as payments on a promise to repay bonded debt
Abatement Clause
A provision of a lease that relieves a lessee of the obligation to make lease payments in the event that the leased property cannot be utilized (e.g., because of construction delays, property damage or other causes).
Bank Loan/Direct Loan
A loan to a municipal issuer from a banking institution or another lender. The obligations my constitute municipal securities.
Escrow Security Bond
This type of bond is used to protect an obligation or promise to pay from one party, the obligee, to a second party, such as a contract holder. The bond will protect the obligee if the second party fails to meet the obligation.
Escrow
Escrow is a financial arrangement where a neutral third party holds assets or funds on behalf of two parties in a transaction. The third party, called an escrow agent, releases the funds only when the parties have fulfilled their contractual obligations.
Escrow Account
A fund established to hold funds pledged and to be used solely for a designated purpose, typically to pay debt service on an outstanding issue in an advance refunding.
Escrow Deposit Agreement
An agreement that typically provides for the deposit of funds or
securities in an escrow account to refund an outstanding issue of municipal securities. The agreement sets forth the manner in which funds are to be invested (generally in eligible securities) pending their
expenditure and the schedule on which on-going debt service payments are to be made and early redemptions, if any, of securities are to occur.
Escrowed Securities
Securities that are held, typically in an escrow account, to be used solely for a designated purpose
Treasury Securities
Debt obligations of the United States Government sold by the Treasury Department in the form of bills, notes and bonds (as well as SLGS sold to issuers of municipal securities) backed by the full faith and credit of the United States Government:
-Bills – Short-term obligations that mature in one year or less and are sold on the basis of a rate of discount.
-Notes – Obligations that mature between one year and ten years.
-Bonds – Long-term obligations that mature in ten years or more.
Bills (a type of treasury security)
Short-term obligations that mature in one year or less and are sold on the basis of a rate of discount.
Notes (a type of treasury security)
Obligations that mature between one year and ten years.
Bonds (a type of treasury security)
Long-term obligations that mature in ten years or more.
Federal Agencies
-Commodity Futures Trading Commission (CFTC)
-Federal Deposit Insurance Corp (FDIC)
-Federal Reserve Board
-Office of the Comptroller of Currency (OCC)
-Securities and Exchange Commission (SEC or The Commission)
Commodity Futures Trading Commission (CFTC)
An independent federal agency charged with the regulation of commodity futures and option markets in the United States.
Federal Deposit Insurance Corporation (FDIC)
Federal agency that guarantees (within limits) funds on deposit (other than securities) in member banks and thrift institutions, and performs other functions relating to the safety and soundness of its member institutions. The FDIC also enforces MSRB rules applicable to its member banks (other than banks that are members of the Federal Reserve System) that are municipal securities dealers.
Federal Reserve Board
The Board of Governors of the Federal Reserve System, which is
the federal agency responsible for making national monetary policy and supervising and regulating certain banking institutions. In addition, the Federal Reserve Board enforces MSRB rules applicable
to the system’s member banks that are municipal securities dealers.
Office of the Comptroller of Currency (OCC)
Federal agency within the Treasury Department responsible for supervising and regulating national banks. The OCC also enforces MSRB rules applicable to bank dealers that are national banks.
Securities and Exchange Commission (SEC or The Commission)
The federal agency responsible for supervising and regulating the securities industry. Although municipal securities are exempt from the SEC’s registration requirements, municipal securities dealers and municipal advisors are subject to SEC regulation and oversight. The SEC also has responsibility for the approval of MSRB rules and enforces anti-fraud provisions of the federal securities laws in the sale and purchase of municipal securities.
Investment Contracts
-Guaranteed Investment Contracts (GICs)
-Forward Delivery Agreement
Guaranteed Investment Contracts (GICs)
An investment, secured by a contract with a financial institution, that guarantees a fixed rate of return and a fixed maturity.
Forward Delivery Agreement
A two-stage process where a bond’s price is set on a specific date, but the bonds are not issued until a later date:
-Pricing: The bonds are priced, or the interest rate is determined, at the beginning of the forward delivery arrangement.
-Issuance: The bonds are issued and the offering is closed at a future date.
Forward delivery bonds are a way for issuers to protect against interest rate increases and lock in savings when interest rates are low. They can also be used to refund tax-exempt bonds that aren’t eligible for advance or current refunding.
Issuers typically pay a premium to lock in the interest rate until the bonds are issued. They don’t recognize the bonds as an asset or liability until the offering is closed.
Money Market Instruments
-CDs
-Commercial Paper
-Interbank Loans
-Money Market Mutual Funds
-Treasury Bills
-Securities Lending and Repurchase Agreements (Repos)
Certificates of Deposit (CDs)
The most familiar money market instruments are bank deposits, which are not considered securities, even though certificates of deposit are sometimes traded like securities. Depositors, who are lending money to the bank, look to the institution’s creditworthiness, as well as to any government programs that insure bank deposits.
Commercial Paper (CP)
A promissory note (an unsecured debt) issued by highly rated banks and some large nonfinancial corporations. Because the instrument is unsecured (no more than a promise to pay, hence the name), investors look solely to the creditworthiness of the issuer for repayment of their savings. Commercial paper is issued and traded like a security. But because it is short term by nature and not purchased by retail investors, it is exempt from most securities laws. In the United States, for example, commercial paper is issued in maturities of 1 to 270 days, and in denominations that are deemed too large for retail investors (typically $1 million, but sometimes as small as $10,000).
Interbank Loans
Interbank loans are not secured by collateral, so a lender looks exclusively to a borrower’s creditworthiness to assess repayment probabilities. The most closely watched interbank market is in England, where the London interbank offered rate (LIBOR) is determined daily and represents the average price at which major banks are willing to lend to each other. That market did not prove to be a reliable source of funding during the crisis. LIBOR rates rose sharply in comparison to other money market rates once the creditworthiness of banks was called into question. Moreover, lending volume decreased significantly as banks struggled to fund their existing assets and were less interested in new lending. Emergency lending by central banks helped make up for the contraction of this funding source. Recent investigations by regulatory authorities have also called into question the integrity of the pricing process by which LIBOR is determined.
Treasury Bills
Treasury bills, which are issued by the government, are securities with maturities of less than a year. U.S. Treasury bills, sold at a discount from face value and actively bought and sold after they are issued, are the safest instrument in which to place short-term savings. The markets are deep and liquid, and trading is covered by securities laws. U.S. Treasury bills are not only savings instruments; they can be used to settle transactions. Treasury bills, which are issued electronically, can be sent through the payments system as readily as money.