12 Miss. Code. R. 3-2.1-700.29

Current through December 10, 2024
Section 12-3-2.1-700.29 - SECURITIES IN LIEU OF RETAINAGE

Mississippi Code 1972, Annotated, Section 31-5-15, provides that in all public contracts the Contractor may withdraw the whole or any portion of the amount retained from payments due the Contractor by depositing an acceptable security with the State Treasurer in an amount equal to the amount of retainage to be withdrawn. Securities may be in the form of:

1. U.S. Treasury Bonds
2. U.S. Treasury Notes
3. U.S. Treasury Certificates of Indebtedness
4. U.S. Treasury Bills
5. State of Mississippi Bond or Notes
6. Bonds of any political subdivision of the State of Mississippi
7. Certificates of deposit issued by commercial banks located in Mississippi and meeting additional criteria
8. Certificates of deposit issued by savings and loan associations located in the State of Mississippi and meeting additional criteria

The State Treasurer can advise Contractors of procedures for depositing securities. A letter of release from the Contractor's surety and a copy or copies of the State Treasurer's securities receipt covering the deposit of securities must be on file with the Bureau before retainage will be released. Substitution of securities may be necessary from time to time because of maturities and increased withdrawal of retainage. Evidence of these transactions must be on file with the Bureau. The Bureau will notify the State Treasurer of the amount of securities required. The Treasurer will accept additional securities for a Project and accept the substitution for securities already on deposit, but will not release securities without written notification to do so by the Bureau's Director.

Professionals approving applications for payment should be advised by the Contractor of these deposits of securities and a copy of the Treasurer's receipt should be provided for his files.

12 Miss. Code. R. 3-2.1-700.29

Amended 8/14/2016