Municipal Advisor Rules
NY Green Bank engages in an ongoing dialogue with potential transaction parties, and is aware of the amendments to Section 15B of the Securities Exchange Act of 1934 effectuated by Section 975 of the Dodd-Frank Act, as well as the SEC Release No. 34-70462 (September 20, 2013). In this regard, please note NY Green Bank considers discussions with potential transaction parties to be arms-length negotiations.
Independent Registered Municipal Advisor (IRMA)
NY Green Bank recognizes that third parties have financial and other interests that differ from ours, and as such we do not consider a fiduciary relationship to arise. NY Green Bank has engaged an independent registered municipal advisor (IRMA) with the intent of relying on (i.e., taking into careful consideration, along with any other information deemed relevant or appropriate, but not necessarily following) that IRMA's advice related to any potential transactions, and consequently to allow third parties to qualify for the exemption provided by 17 CFR §240.15Ba1-1(d)(3)(vi) (the IRMA exemption). Additionally, our IRMA will respond to whatever requests you may have to determine if they are independent.