View all text of Subchapter I [§ 5211 - § 5241]
§ 5231a. Public-Private Investment Program; additional appropriations for the Special Inspector General for the Troubled Asset Relief Program
(a) Short title
(b) Public-Private Investment Program
(1) In general
Any program established by the Federal Government to create a public-private investment fund shall—
(A) in consultation with the Special Inspector General of the Trouble 1
1 So in original. Probably should be “Troubled”.
Asset Relief Program (in this section referred to as the “Special Inspector General”), impose strict conflict of interest rules on managers of public-private investment funds to ensure that securities bought by the funds are purchased in arms-length transactions, that fiduciary duties to public and private investors in the fund are not violated, and that there is full disclosure of relevant facts and financial interests (which conflict of interest rules shall be implemented by the manager of a public-private investment fund prior to such fund receiving Federal Government financing);(B) require each public-private investment fund to make a quarterly report to the Secretary of the Treasury (in this section referred to as the “Secretary”) that discloses the 10 largest positions of such fund (which reports shall be publicly disclosed at such time as the Secretary of the Treasury determines that such disclosure will not harm the ongoing business operations of the fund);
(C) allow the Special Inspector General access to all books and records of a public-private investment fund, including all records of financial transactions in machine readable form, and the confidentiality of all such information shall be maintained by the Special Inspector General;
(D) require each manager of a public-private investment fund to retain all books, documents, and records relating to such public-private investment fund, including electronic messages;
(E) require each manager of a public-private investment fund to acknowledge, in writing, a fiduciary duty to both the public and private investors in such fund;
(F) require each manager of a public-private investment fund to develop a robust ethics policy that includes methods to ensure compliance with such policy;
(G) require strict investor screening procedures for public-private investment funds; and
(H) require each manager of a public-private fund to identify for the Secretary, on a periodic basis, each investor that, individually or together with affiliates, directly or indirectly, holds equity interests equal to at least 10 percent of the equity interest of the fund including if such interests are held in a vehicle formed for the purpose of directly or indirectly investing in the fund.
(2) Interaction between public-private investment funds and the Term-Asset Backed Securities Loan Facility
(3) Report
(c) Additional appropriations for the Special Inspector General
(1) In general
(2) Priorities
(d) Rule of construction
(e) Definition
In this section, the term “public-private investment fund” means a financial vehicle that is—
(1) established by the Federal Government to purchase pools of loans, securities, or assets from a financial institution described in section 101(a)(1) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211(a)(1)); and
(2) funded by a combination of cash or equity from private investors and funds provided by the Secretary of the Treasury or funds appropriated under the Emergency Economic Stabilization Act of 2008 [
(f) Omitted
(g) Regulations
(Pub. L. 111–22, div. A, title IV, § 402, May 20, 2009, 123 Stat. 1656.)