The Federal Credit Union Act is a federal law that governs credit unions. This law was passed in 1934 and was designed to help consumers and small businesses obtain credit and conserve money. It established a nationwide system of nonprofit cooperative credit unions. Since that time, more than four million credit unions have been formed across the country.
Activities
While the Activities of Federal Credit Union Act is complex, there are some basic steps that an FCU should take to stay compliant with the Act. First, a FCU must submit an application to the NCUA Board, which outlines the proposed activity. The application should describe what the activity is, why it is appropriate for a FCU, and how the FCU plans to implement it. It should also include information on the state licenses that the FCU will need to conduct the activity.
The next step in complying with the federal credit union act is to notify the Commissioner of the activity. The credit union must notify the Commissioner of the proposed power within thirty days of its commencement. In addition, a credit union must provide any additional information requested by the Commissioner. If the Commissioner approves, the credit union can then proceed with its activity.
As an example, a FCU can offer its members electronic services. A web site can promote credit union services and effect transactions for members. These sites have become the electronic equivalent of office signs and teller services.
Services
Federal credit union act services allow credit unions to provide loans, savings accounts and other financial services to their members. Members typically enjoy higher rates on savings accounts and lower borrowing costs than they would receive from traditional banks. In addition, many credit unions host educational seminars for their members. Popular topics include home buying and personal finance.
A credit union can elect or appoint a committee to oversee lending activities. This committee may approve or deny loans. It may also review and approve loan applications. Members of the committee may not be compensated by the credit union. This committee may also be appointed by the board of directors. The committee may not have more than two members.
To become a member, an applicant must complete an application on approved forms. Once approved by the membership officer, the applicant becomes a member of the credit union. The application must be accompanied by the required entry fee. The applicant must subscribe to at least one share and pay an initial installment. If the applicant’s application is denied, the credit union must provide reasons in writing.
Expulsion provisions
The Federal credit union act contains certain provisions that protect credit unions and their members. For example, a credit union may expel a member for conduct that is considered egregious and dangerous to staff. It can also restrict the services it offers members. Expulsion is an option, but it should be used only in extreme cases.
A member must be given a notice of his or her expulsion and an opportunity to request a hearing before the FCU can expel him or her. The member must be given a chance to make his or her case at this meeting, and the FCU’s board must vote on the request.
If the member is expelled, they must give the credit union at least 60 days’ notice. After the time limit, the credit union can withdraw the shares. However, the expulsion will not affect the member’s other rights and obligations under the credit union.
Requirements
When applying for membership in a credit union, applicants must meet certain requirements. This includes a minimum net worth ratio. These requirements are set forth in Title II of the Federal Credit Union Act. The following are some of the things a credit union must do to be eligible for federal insurance. These include:
Members of the credit union must be allowed to hold voting rights. In addition, they must have access to credit union records. They must also grant the director full access to their records. The director has the power to administer oaths and subpoena witnesses and request documents. The director also has the right to accept a report from a United States government agency if necessary.
Credit unions may not invest more than 1% of their total unimpaired capital or paid-in capital in another organization. However, a small portion of this money is allowed for loaning to another credit union.
Occupational charters
In order to be eligible to hold a federal credit union occupational charter, a credit union must meet certain criteria. These criteria include the area in which the credit union is located, its demographics, market competition, desired services, and the interest of employees. There are three types of federal credit union occupational charters.
Occupational charters can be either general or limited. General charters are only available to organizations that serve the public. The occupational field of a federal credit union is defined by the charter’s Section 5. This section identifies the members that the credit union can serve. For example, an occupational credit union may serve nurses in Fairfax County, Virginia. A different section of a federal credit union’s charter may state that no occupational common bond is required.
In order to apply for a TIP designation, credit unions must first submit a request to the Office of Credit Union Resources and Expansion. If the credit union is a new one, it must meet the documentation requirements set forth in Chapter 1. Existing credit unions must submit a business plan that details how the credit union will serve TIPs. The business plan must also address the process of verifying the credentials of TIP members. Some methods of verification include union membership and pay statements.
Associational charters
In order to obtain a Federal Credit Union Act associational charter, an applicant must meet the basic requirements for establishing a nonprofit credit union. In most cases, this requires a business plan and documentation that addresses the organization’s plan to serve the TIP. This documentation can include state licenses, professional licenses, organizational memberships, pay statements, and employer certification.
In order to become eligible for federal insurance, a credit union must have approval of its regional directors and the Office of National Examinations and Supervision Director, which oversees the state regulators. In addition, an organization that seeks to expand its membership must be approved by the Office of National Examinations and Supervision. Such an expansion is permitted if it meets the needs and convenience of the members. However, it may require NCUA approval before a credit union can expand.
If the group has 3,000 or more primary potential members, the NCUA requires additional information. Alternatively, the group must document its inability to establish a credit union and provide a written statement that shows this.
Investments in securities
Under the Federal credit union act, federal credit unions may invest in securities. The act requires them to determine the fair market value of the securities they purchase. Before making investments, they must obtain a quotation from an industry-recognized information provider. They must also determine the fair market value of each security at least monthly.
Federal credit unions may purchase investments from broker-dealers. These brokers must be registered with the Securities and Exchange Commission. The securities that credit unions purchase must be held for at least three years. They must also have a written loan agreement with the borrower. The amount of investment may not exceed the deposit insurance limit of the credit union’s regular reserve. Any investment beyond this amount must be approved by the director of the credit union.
A credit union may provide services to members, including automated teller machines and electronic fund transfers. They may also provide retirement benefits through a group plan of other credit unions. These services are permissible if they are reasonable in relation to the size and duties of the credit union. In addition, the credit union may sell or lease excess capacity in data processing equipment.
Investments in other organizations
In accordance with the Federal credit union act, a credit union may make investments in other organizations that are not essential to the operation of the credit union. Generally, these investments must be reviewed on a regular basis. Investments that violate the credit union’s investment policy must be divested by the governing board.
Investments in other organizations can include debt securities. These include marketable obligations, assumed obligations, guaranteed obligations, and other securities with similar characteristics. Investments in these securities may be made via certificates of participation or repurchase agreements. Investments in these securities may be risky for the Connecticut credit union, and therefore, the Connecticut credit union must seek a legal opinion prior to making investments.
In Connecticut, a credit union may invest in other organizations if the investment is within the limits set out in the Federal credit union act. These investments must be limited to two percent of the credit union’s total assets, and the credit union must notify the commissioner of such investments.
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