Laws: Cases and Codes : U.S. Code : Title 12


   

U.S. Code as of: 01/19/04
Chapter 14 - Notes
    Sec.                                                     
    1751.       Short title.                                          
    1751a.      Omitted.                                              
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    1752.       Definitions.                                          
    1752a.      National Credit Union Administration.                 
                  (a)  Establishment; management under National Credit
                        Union Administration Board.                   
                  (b)  Membership and appointment of Board.           
                  (c)  Term of office.                                
                  (d)  Management of Administration vested in Board;
                        adoption of rules; quorum; report to President
                        and Congress.                                 
                  (e)  Functions of Chairman.                         
                  (f)  Audit by General Accounting Office.            
    1753.       Federal credit union organization.                    
    1754.       Approval of organization certificate.                 
    1755.       Fees.                                                 
                  (a)  Payment by Federal credit union to
                        Administration.                               
                  (b)  Determinations of amount, assessment periods,
                        and payment dates.                            
                  (c)  Supervision charge exception; waiver of
                        payment.                                      
                  (d)  Payment into Treasury of United States.        
                  (e)  Investment of annual operating fees not needed
                        for current operations.                       
    1756.       Reports and examinations.                             
    1756a.      Omitted.                                              
    1757.       Powers.                                               
    1757a.      Limitation on member business loans.                  
                  (a)  In general.                                    
                  (b)  Exceptions.                                    
                  (c)  Definitions.                                   
                  (d)  Effect on existing loans.                      
                  (e)  Consultation and cooperation with State credit
                        union supervisors.                            
    1758.       Bylaws.                                               
    1759.       Membership.                                           
                  (a)  In general.                                    
                  (b)  Membership field.                              
                  (c)  Exceptions.                                    
                  (d)  Multiple common-bond credit union group
                        requirements.                                 
                  (e)  Additional membership eligibility provisions.  
                  (f)  Criteria for approval of expansion of multiple
                        common-bond credit unions.                    
                  (g)  Regulations required for community credit
                        unions.                                       
    1760.       Members' meetings.                                    
    1761.       Management.                                           
                  (a)  Board of directors, credit committee, and
                        supervisory committee; election to board.     
                  (b)  Membership on supervisory committee; names and
                        addresses of officers and committee members.  
                  (c)  Compensation.                                  
    1761a.      Officers of the board.                                
    1761b.      Board of directors; meetings; powers and duties;
                 executive committee; membership officers; membership
                 application.                                         
    1761c.      Credit committee.                                     
                  (a)  Members; meetings; lines of credit and approval
                        of loans; delegation to loan officers.        
                  (b)  Review and reversal of loan refusals; review by
                        board in lieu of committee; limitation on
                        disbursements by loan officers.               
    1761d.      Supervisory committee; powers and duties; suspension
                 of members; passbook.                                
    1762.       Repealed.                                             
    1763.       Dividends.                                            
    1764.       Expulsion and withdrawal.                             
                  (a)  Expulsion by two-thirds vote.                  
                  (b)  Expulsion based on nonparticipation.           
                  (c)  Liability to credit union.                     
    1765.       Minors.                                               
    1766.       Powers of Board.                                      
    1767.       Fiscal agents and depositories; authorization to
                 secure deposits by governmental bodies.              
    1768.       Taxation.                                             
    1769.       Separability; right to alter, amend, or repeal
                 chapter.                                             
    1770.       Allotment of space in Federal buildings.              
    1771.       Conversion from Federal to State credit union and from
                 State to Federal credit union.                       
    1772.       Territorial application of chapter.                   
    1772a.      Gifts; acceptance of conditional gifts; deposit.      
    1772b.      Apportionment.                                        
    1772c.      Trust fund.                                           
    1772c-1.    Community development revolving loan fund for credit
                 unions.                                              
                  (a)  In general.                                    
                  (b)  Investment.                                    
                  (c)  Loans.                                         
                  (d)  Interest.                                      
                  (e)  "Fund" defined.                                
    1772d.      Forfeiture of organization certificate for money
                 laundering or cash transaction reporting offenses.   
                  (a)  Forfeiture of franchise for money laundering or
                        cash transaction reporting offenses.          
                  (b)  Factors to be considered.                      
                  (c)  Successor liability.                           
    1773.       District of Columbia credit unions; conversion to
                 Federal status.                                      
    1774.       Approval of certificate; assets and obligations of
                 applicant credit union.                              
    1775.       Conditions upon conversion to Federal status.         
                      SUBCHAPTER II - SHARE INSURANCE                  
    1781.       Insurance of member accounts.                         
                  (a)  Eligibility.                                   
                  (b)  Application; agreement.                        
                  (c)  Approval of application.                       
                  (d)  Certificate of insurance.                      
                  (e)  Prohibition on certain associations.           
    1782.       Administration of insurance fund.                     
                  (a)  Reports of condition.                          
                  (b)  Certified statement.                           
                  (c)  Deposit with National Credit Union Share
                        Insurance Fund; amount, return, distribution,
                        etc.                                          
                  (d)  Remedy for failure to report; penalty for
                        failure to file certified statement or pay
                        premium; dispute as to deposit or premium
                        charge; prohibition on distribution of assets
                        or dividends while in default.                
                  (e)  Recovery of unpaid deposit or premium;
                        limitations.                                  
                  (f)  Penalty for failure to comply with section;
                        court determination of failure; remedies not
                        exclusive.                                    
                  (g)  Records.                                       
                  (h)  Definitions.                                   
    1783.       National Credit Union Share Insurance Fund.           
                  (a)  Creation; use of fund.                         
                  (b)  Deposit of deposits and premium charges, fees
                        and penalties.                                
                  (c)  Investment authorization.                      
                  (d)  Loans to fund, limitation and terms; interest
                        accrual; determination of interest rate.      
                  (e)  Excess funds credited against loans.           
                  (f)  Authorization for fund to borrow from Central
                        Liquidity Facility.                           
    1784.       Examination of insured credit unions.                 
                  (a)  Examiners and claim agents; powers; report by
                        examiner; jurisdiction of court.              
                  (b)  Power of Board; jurisdiction of court.         
                  (c)  Court orders enforcing subpenas; immunity.     
                  (d)  Administration acceptance of State board
                        reports; reports of Board furnished to State
                        board.                                        
                  (e)  Flood insurance compliance by insured credit
                        unions.                                       
                  (f)  Access to liquidity.                           
                  (g)  Sharing information with Federal reserve banks.
    1785.       Requirements governing insured credit unions.         
                  (a)  Advertisement of insured status; exemptions;
                        regulation of signs.                          
                  (b)  Restrictions.                                  
                  (c)  Considerations for waiver or enforcement of
                        restrictions.                                 
                  (d)  Prohibition.                                   
                  (e)  Security standards; reports; penalty.          
                  (f)  Share draft accounts; maintenance, loans, etc. 
                  (g)  Interest rates.                                
                  (h)  Emergency merger.                              
                  (i)  Emergency purchase of assets; conversion to
                        insured deposits.                             
    1786.       Termination of insured credit union status; cease and
                 desist orders; removal or suspension from office;
                 procedure.                                           
                  (a)  Termination of insurance.                      
                  (b)  Unsound condition of credit union; notice to
                        correct condition; hearing; judicial review.  
                  (c)  Notice to members of termination of insured
                        status.                                       
                  (d)  Continuation of insurance for one year;
                        approval of conversion of status; procedure
                        subsequent to approval; reduction of premium
                        charges.                                      
                  (e)  Opinion of Board as to unsound condition of
                        credit union; notice of charges; hearing;
                        order to cease and desist; judicial review.   
                  (f)  Temporary cease and desist order; injunctive
                        procedure.                                    
                  (g)  Removal and prohibition authority.             
                  (h)  Board's appointment of conservator;
                        consultation with State; authority.           
                  (i)  Suspension or removal of institution-affiliated
                        party charged with crime.                     
                  (j)  Jurisdiction of hearing; procedure; judicial
                        review.                                       
                  (k)  Jurisdiction and enforcement; penalty.         
                  (l)  Criminal penalty for violation of certain
                        orders.                                       
                  (m)  Definitions.                                   
                  (n)  Notice or order to State board supervising
                        State-chartered credit union.                 
                  (o)  Notice of proceedings to State board
                        supervising State-chartered credit union;
                        effect of corrective action by State board;
                        attack on validity of notice or order.        
                  (p)  Proceedings; powers of Board; court enforcement
                        of subpenas; witness fees; expenses and
                        attorneys' fees.                              
                  (q)  Compliance with monetary transaction
                        recordkeeping and report requirements.        
                  (r)  "Institution-affiliated party" defined.        
                  (s)  Public disclosure of agency action.            
                  (t)  Regulation of certain forms of benefits to
                        institution-affiliated parties.               
                  (u)  Foreign investigations.                        
                  (v)  Termination of insurance for money laundering
                        or cash transaction reporting offenses.       
    1786a.      Omitted.                                              
    1787.       Payment of insurance.                                 
                  (a)  Liquidation by Board; bond; appointment of
                        agent; fees to be fixed by Board.             
                  (b)  Powers and duties of Board as conservator or
                        liquidating agent.                            
                  (c)  Provisions relating to contracts entered into
                        before appointment of conservator or
                        liquidating agent.                            
                  (d)  Payment of insured deposits.                   
                  (e)  Subrogation of Board.                          
                  (f)  Valuation of claims in default.                
                  (g)  Limitation on court action.                    
                  (h)  Liability of directors and officers.           
                  (i)  Damages.                                       
                  (j)  Board as liquidating agent of State-chartered
                        credit unions.                                
                  (k)  Extent of insurance coverage; insurance of
                        public funds; insurance regarding pension and
                        profit-sharing plans.                         
                  (l)  Payment; discharge of liability.               
                  (m)  Undisclosed names.                             
                  (n)  Withholding of payment due to liability of
                        credit union member.                          
                  (o)  Unclaimed insured accounts; limitations.       
                  (p)  Sale of assets; security for loans; approval of
                        court; agreements affecting interest of Board
                        in any asset acquired by it.                  
                  (q)  Prohibition on certain acquisitions of assets. 
                  (r)  Foreign investigations.                        
    1788.       Special assistance to avoid liquidation.              
                  (a)  Loans; purchase of assets; accounts; agreements
                        affecting interest of Board in any asset
                        acquired by it.                               
                  (b)  Protection of Fund.                            
                  (c)  Money paid into Fund.                          
    1789.       Administrative provisions.                            
    1789a.      Credit unions as depositaries of public money; fiscal
                 agents; duties.                                      
    1790.       Nondiscriminatory provision.                          
    1790a.      Board disapproval of directors, committee members, and
                 senior executive officers of insured credit unions.  
                  (a)  Prior notice required.                         
                  (b)  Disapproval by Board.                          
                  (c)  Exception in extraordinary circumstances.      
                  (d)  Additional information.                        
                  (e)  Standard for disapproval.                      
                  (f)  Definition regulations.                        
    1790b.      Credit union employee protection remedy.              
                  (a)  In general.                                    
                  (b)  Enforcement.                                   
                  (c)  Remedies.                                      
                  (d)  Limitations.                                   
    1790c.      Reward for information leading to recoveries or civil
                 penalties.                                           
    1790d.      Prompt corrective action.                             
                  (a)  Resolving problems to protect Fund.            
                  (b)  Regulations required.                          
                  (c)  Net worth categories.                          
                  (d)  Risk-based net worth requirement for complex
                        credit unions.                                
                  (e)  Earnings-retention requirement applicable to
                        credit unions that are not well capitalized.  
                  (f)  Net worth restoration plan required.           
                  (g)  Restrictions on undercapitalized credit unions.
                  (h)  More stringent treatment based on other
                        supervisory criteria.                         
                  (i)  Action required regarding critically
                        undercapitalized credit unions.               
                  (j)  Review required when Fund incurs material loss.
                  (k)  Appeals process.                               
                  (l)  Consultation and cooperation with State credit
                        union supervisors.                            
                  (m)  Corporate credit unions exempted.              
                  (n)  Other authority not affected.                  
                  (o)  Definitions.                                   
                SUBCHAPTER III - CENTRAL LIQUIDITY FACILITY            
    1795.       Congressional findings.                               
    1795a.      Definitions.                                          
    1795b.      National Credit Union Administration Central Liquidity
                 Facility; establishment; management; jurisdiction.   
    1795c.      Membership.                                           
                  (a)  Credit unions serving natural persons.         
                  (b)  Credit unions serving other credit unions.     
                  (c)  Stock subscription requirements.               
                  (d)  Functions of Agent members of Facility.        
                  (e)  Withdrawal from or termination of membership.  
    1795d.      Capital stock.                                        
                  (a)  Opening of books; minimum subscription.        
                  (b)  Requirements.                                  
                  (c)  Redemption of stock.                           
                  (d)  Use of subscription amount.                    
                  (e)  Restriction on advances to credit unions.      
    1795e.      Extensions of credit.                                 
    1795f.      Powers of Board.                                      
                  (a)  General authorities.                           
                  (b)  Collection and settlement of checks, share
                        drafts, etc.; charges; rules and regulations. 
    1795g.      Depositories, custodians, and fiscal agents.          
    1795h.      Audit of financial transactions.                      
    1795i.      Annual report.                                        
    1795j.      Agent of Federal Reserve System.                      
    1795k.      State and local tax exemption.                        
                  (a)  Franchise, activities, etc., of Central
                        Liquidity Facility; exception.                
                  (b)  Notes, bonds, debentures and other obligations
                        of Central Liquidity Facility; exceptions.    
                  (c)  "State" defined; tax status.                   
-SECREF-
                   CHAPTER REFERRED TO IN OTHER SECTIONS               
      This chapter is referred to in sections 1818, 1831k, 1831t, 2804,
    4009, 4309, 4742, 4909 of this title; title 7 section 2019; title
    15 sections 1607, 1681s, 1691c, 1692l, 1693o, 6505, 6805, 6822,
    7706; title 18 section 709; title 42 section 5318a.
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