(a) Unencumbered. All investments that Farmer Mac holds in its liquidity reserve and as supplemental liquidity in accordance with this section must be unencumbered. For the purposes of this section, an investment is unencumbered if it is free of lien, and it is not explicitly or implicitly pledged to secure, collateralize, or enhance the credit of any transaction. Additionally, an unencumbered investment held in the liquidity reserve cannot be used as a hedge against interest rate risk if liquidation of that particular investment would expose Farmer Mac to a material risk of loss.
(b) Marketable. All investments that Farmer Mac holds in its liquidity reserve in accordance with this section must be readily marketable. For purposes of this section, an investment is readily marketable if it:
(1) Can be easily and quickly converted into cash with little or no loss in value;
(2) Exhibits low credit and market risk;
(3) Has ease and certainty of valuation; and,
(4) Except for money market instruments, can be easily sold or converted to cash through repurchase agreements in active and sizable markets without significantly affecting prices.
(c) Liquidity reserve requirement, supplemental liquidity, and discounts. Farmer Mac must maintain at all times a liquidity reserve sufficient to fund at least 90 days of the principal portion of maturing obligations and other borrowings. Farmer Mac must also hold supplemental liquid assets sufficient to fund obligations and other borrowings maturing after 90 calendar days to meet board liquidity policy in accordance with Sec. 652.35. At a minimum, Farmer Mac must hold instruments in the liquidity reserve, and as supplemental liquidity, that are listed and discounted in accordance with the following table, and are sufficient to cover:
(1) Days 1 through 15 only with Level 1 instruments;
(2) Days 16 through 30 only with Level 1 and Level 2 instruments; and,
(3) Days 31 through 90 with Level 1, Level 2, and Level 3 instruments.
Table to Sec. 652.40(c)------------------------------------------------------------------------
Discount
(multiply
Liquidity level Instruments market value
by)------------------------------------------------------------------------Level 1..................... Cash, including 100 percent.
cash due from traded but
not yet settled debt.
Overnight money 100 percent.
market instruments,
including repurchase
agreements secured
exclusively by Level 1
investments.
Obligations of 97 percent.
the United States with a
final remaining maturity
of 3 years or less.
Government- 95 percent.
sponsored agency senior
debt securities that
mature within 60 days,
excluding securities
issued by the Farm
Credit System.
Diversified 95 percent.
investment funds
comprised of cash,
overnight money market
funds, obligations of
the United States, and
Government-sponsored
agency senior debt
securities provided that
such diversified
investment funds meet
the requirements of 17
CFR 270.2a-7(c)(2).Level 2..................... Additional Level Discount for
1 investments. each Level 1
investment
applies.
Obligations of 97 percent.
the United States with a
final remaining maturity
of more than 3 years.
Mortgage-backed 95 percent.
securities that are
explicitly backed by the
full faith and credit of
the United States as to
the timely payment of
principal and interest.
Diversified 95 percent.
investment funds that
qualify for Level 1 or
are comprised
exclusively of Level 2
instruments.Level 3..................... Additional Level Discount for
1 or Level 2 investments. each Level 1
or Level 2
investment
applies.
Government- 93 percent for
sponsored agency senior all
debt securities with instruments in
maturities exceeding 60 Level 3.
days, excluding senior
debt securities of the
Farm Credit System.
Government-
sponsored agency
mortgage-backed
securities that the
timely repayment of
principal and interest
are not explicitly
backed by the full faith
and credit of the United
States, excluding Farmer
Mac mortgage-backed
securities.
Money market
instruments maturing
within 90 days.
Diversified
investment funds
comprised exclusively of
levels 1, 2, and 3
instruments.
Qualifying
securities backed by
Farmer Mac program
assets (loans)
guaranteed by the United
States Department of
Agriculture (excluding
the portion that would
be necessary to satisfy
obligations to creditors
and equity holders in
Farmer Mac II LLC).Supplemental Liquidity...... Eligible 90 percent
investments under Sec. except
652.20. discounts for
Level 1, 2 or
3 investments
apply to such
investments
held as
supplemental
liquidity.------------------------------------------------------------------------ [78 FR 65553, Nov. 1, 2013; 79 FR 29074, May 21, 2014]