Chapter 3- Municipal Securities 30-40 questions Flashcards
Municipal Bonds
Securities issued either by state or local government or by US teritiories, authorities and special districts
Purpose of public works and construction projects
Second in safety of principal only to Us gov
Generally pay lower interest due to tax adv.
Should take into account when evaluating against a corporation
Municipal bond taxation
Interest is Not generally taxed by the federal government (origin from Doctrine of Reciprocal Immunity which states level of gov can tax only interest of own issues)
US territories are not taxed at any level
Capital gains are still taxed, may not be subject to tax if municipal is in state
Buying low and selling high results in capital gains
If living in a different state then the bond may be taxed
Issues of Municipals
Territorial possessions of the US
State Government
Legally constituted tax authorities (counties, agencies etc)
Maturity Structures of Municipals
Maturity ranges from less than a year to more than 30
3 different types of maturity:
1. Term Maturity- All matures at single date, quoted by price, called dollar bond
- Serial Maturity- Mature on different dates to a predetermined schedule. Quoted based on yield to maturity. Most common
- Balloon Maturity- Pay partial amount, but largest portion is paid off at maturity. Type of serial maturity
General Obligation Bonds
Municipal bonds issued for capital improvements that benefit entire community
Paid by taxes collected by municipal issuer such as property tax (ad valorem), license fees
Known as full faith and credit issues
Municipalities may have debt limits to protect taxpayers
Voter approval is required if wanting to go over limit
Property taxes are usually limited to a certain percentage and expressed in mills
One Mill equals $1 per 1000 or .001
Limited tax GO- secured by specific tax, more risk associated
Overlapping debt (coterminous debt)- several different municipal authorities taxing same person. Only occurs with property tax
Double Barreled Bonds- Revenue bond that also has the backing of taxation
Revenue Bonds
Used to finance municipal facility that generates sufficient income
Additional Bonds test may be issued before a subsequent issue with an equal Lien can be completed
Feasibility study on economic feasibility and need is issued before project is taken on
Interest and principal paid from: Utilities, housing, transportation, education, health, industrial and sports
Not backed by taxes
A trust indenture (referred to on face) protects bondholders by making sure the facility is in compliance… usually issued but not required
Common bond covenants
Rate covenant- promise to maintain rates sufficient to pay expenses and debt services
Maintenance- maintain equip and facility
Insurance covenant
Additional Bonds test- all debt after is subordinated unless needed for completion
Sinking fund
Catastrophe clause
Flow of funds/ priority of disbursing funds
Industrial Development Revenue Bonds
Issued to construct facilities or purchase equipment that is later leased to a corporation
Carries corporation debt rating
Payment of the issue is ultimately the responsibility of the corporation
Tax Reform Act of 1986 causes most of these to be taxed under the alternative minimum tax but not to those not filling under ATM
Lease rental bonds
Issued to finance office construction for itself or its state or its community
Example: building a school which is paid back by tuition
Basically a lease back agreement (make to lease)
Certificate of Participation
Form of lease revenue bond that permits investors to participate in revenue from lease, installment or loan payments
On specific equipment or land of municipal
Certificate holders could technically foreclose on the asset
Special tax bonds
Secured by one or more designated tax outside of property (ad valorem) tax
Does not have to be directly related to projects purpose
Special Assessment Bonds
Issued to finance the construction of public improvements such as streets sidewalks sewers
Property tax only on those benefiting
New housing authority bond
Sometimes called Public Housing Authority bonds or Section 8 bonds
Funds used to improve low income housing backed by US gov
Most secure of all municipal bonds
Backed by rental income of the houses
Not a double barreled because it’s second revenue source is US gov
Moral Obligation Bonds
State, local or agency issued bond
State legislature can appropriate funds to make payments, but not established by law
Revenue Bonds only
Issuer Default
Bondholders have right to sue if a GO bond goes into default
Moral Obligation Bonds would have to receive a legislative apportionment
Municipal Anticipation Notes
Issued for municipality that expects other revenue soon
Ones that aren’t exactly how they seem:
1. Bond anticipation notes- interim financing that will turn into long term funding
- Variable rate demand notes- fluctuating interest rate with a put options
Variable Rate Municipals
Offers interest tied to another specified interest rate
Price remains relatively stable throughout life
Usually reset to Market every 6 months
Auction Rate Securities
Tied to short term interest rates
Long term maturities of 20 to 30 years
Rate is determined by a Dutch auction at short term intervals at 7, 28, or 35 days
Typically issued by hospitals, utilities, nonprofit housing, university
Failed auctions are hazard as no demand may be found and may effect rating
State and Local Government Securities Series
US treasury securities directly issued to municipal issuers only in connection with pre refunding
Immediately invests in state or local gov securities
Directly issued by US Government
Build America Bonds
Taxable obligations but generally tax credits are given in lieu
Assist in reducing costs to issuing municipalities and to stimulate economy
Two types:
1. Tax Credit BABs- fed income tax credit equal to 35% of interest paid on bond during year, may be carried forward
- Direct Payment BABs- Provide municipal issuer with payment of 35% of interest
Currently not instated
Bond Contract
Collection of legal documents that includes a bond resolution, applicable law, and other legal docs pertaining to the issue or issuer
Bond Resolution
Municipality authorizes issue and sale of securities through this
Most include the indenture to increase marketability
Not required by law
Serves as a contract between issuer and trustee
Flow of funds statement is normally included and establishes the priority of payments from a facilities revenues
Official statement
Prospectus for a municipal
Includes a feasibility statement and any material information needed to be known
Must be given to investor before settlement date
May follow a preliminary official statement
Bond Counsel
An attorney specializing in tax exempt bonds
Either issues their legal opinion as a:
Qualified opinion- may be a legal uncertainty
Or
Unqualified opinion- unconditional
Some smaller issuers may not obtain a legal opinion and are marked ex legal
Ex legal mark allows bond to be issued in good delivery
Legal opinion is in regards to both the legality and tax exempt status of the issue