Michigan Public Educational Facilities Authority
Policy Regarding the Selection of the
BOND FINANCE TEAM
For Long-Term PSA Financings
SELECTION OF UNDERWRITING/PLACEMENT AGENTS
ROLE OF UNDERWRITER/PLACEMENT AGENT
Underwriters or placement agents are responsible for sale or placement of
bonds. They usually assist the public school academy in preparing a financing
plan, determining the least costly method of financing and completing a
disclosure and sales document to be sent to potential investors. Sometimes
their role is finished when the bond issue is completed; in other cases, the
underwriter has an ongoing role with the PSA as an advisor regarding a broad
range of finance and capital market related matters.
AUTHORITY POLICY
Subject to approval by the MPEFA Board, Public School Academies will
select underwriters or placement agents.
SELECTION OF BOND COUNSEL
ROLE OF BOND COUNSEL
Bond Counsel for the deal has the role of an independent expert who
provides an objective legal opinion concerning the issuance and sale of bonds.
Bond Counsel are specialized attorneys who have developed necessary expertise
in a broad range of practice areas. Generally, bonds are not marketable
without an opinion of nationally recognized bond counsel stating that the
bonds are valid and binding obligations, stating the sources of payment and
security for the bonds and if applicable the bonds are exempt from State and
Federal income taxes.
AUTHORITY POLICY
Bond counsel is selected by the public school academy provided the firm is
listed as a municipal bond attorney in The Bond Buyer's Municipal Marketplace
Directory (the "Red Book"), knowledgeable regarding current Michigan
charter school law and statutes and does not act as local counsel to the
academy.
SELECTION OF BOND TRUSTEE
ROLE OF BOND TRUSTEE
The bond trustee is responsible for the collection and investment of loan
payments and the registration, transfer and payment of bonds. The bond trustee
is required to maintain separate accounts, monitor bond document requirements
and provide monthly statements. The bond trustee approves amendments to some
documents and acts on behalf of the bondholders if the public school academy
violates certain bond documents. A bond trustee must have adequate staff and
systems to efficiently perform its duties and comply with the various Federal,
State and bond issue requirements.
AUTHORITY POLICY
Public School Academies will select bond trustee, provided that the MPEFA
Board approves the selection.
ADOPTED: November 6, 2003