1. The collateral has a market value of at least 102 percent of the amount invested and any accrued unpaid interest thereon;
2. In a county whose population is 20,000 or more but less than 50,000:
(a) The local government employs a full-time finance director; and
(b) The terms of the investment contract have been reviewed by independent bond counsel, who has determined that the contract complies with this section;
3. The local government receives a security interest in the collateral that is fully perfected and the collateral is held in custody for the local government or its trustee by a third-party agent of the local government which is a commercial bank authorized to exercise trust powers;
4. The market value of the collateral is determined not less frequently than weekly and, if the ratio required by subsection 1 is not met, sufficient additional collateral is deposited with the agent of the local government to meet that ratio within 2 business days after the determination; and
5. The party with whom the investment contract is executed is a commercial bank, or that party or a guarantor of the performance of that party is:
(a) An insurance company which has a rating on its ability to pay claims of not less than “Aa2” by Moody’s Investors Service, Inc., or “AA” by Standard and Poor’s Ratings Services, or their equivalent; or
(b) An entity which has a credit rating on its outstanding long-term debt of not less than “A2” by Moody’s Investors Service, Inc., or “A” by Standard and Poor’s Ratings Services, or their equivalent.
(Added to NRS by 1997, 2868; A 2003, 824; 2007, 2522)