94-3933. Organization and Operation of Federal Credit Unions and Requirements for Insurance  

  • [Federal Register Volume 59, Number 35 (Tuesday, February 22, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-3933]
    
    
    [[Page Unknown]]
    
    [Federal Register: February 22, 1994]
    
    
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    NATIONAL CREDIT UNION ADMINISTRATION
    12 CFR Parts 701 and 741
     
    
    Organization and Operation of Federal Credit Unions and 
    Requirements for Insurance
    AGENCY: National Credit Union Administration (NCUA).
    
    ACTION: Notice of proposed rulemaking.
    
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    SUMMARY: The proposed rule would amend NCUA's Regulations in order to 
    conform them to the new NCUA Fiscal and National Credit Union Share 
    Insurance Fund (NCUSIF) Insurance year. These changes to the fiscal and 
    insurance years were approved by the NCUA Board on November 15, 1993 
    and are effective January 1, 1995.
    
    DATES: Comments must be postmarked by April 25, 1994.
    
    ADDRESSES: Send comments to Becky Baker, Secretary of the Board, 
    National Credit Union Administration, 1775 Duke Street, Alexandria, 
    Virginia 22314-3428.
    
    FOR FURTHER INFORMATION CONTACT:
    Herbert S. Yolles, Controller, Office of the Controller, at the above 
    address or telephone: (703) 518-6570 or Mary F. Rupp, Staff Attorney, 
    Office of General Counsel, at the above address or telephone: (703) 
    518-6553.
    
    SUPPLEMENTARY INFORMATION: The NCUA Board on November 15, 1993, voted 
    to change NCUA's fiscal year and NCUSIF's insurance year to coincide 
    with the calendar year effective January 1, 1995. This change requires 
    the NCUA to amend its regulations dealing with operating fees and 
    insurance assessments to conform to the calendar year.
        Currently under Sec. 701.6 of NCUA's Rules and Regulations, an 
    operating fee is assessed on federal credit unions based on a fiscal 
    year of October 1 to September 30. This section must be changed to 
    reflect the change to the calendar year. Further, the operating fee 
    assessed as a result of a conversion or merger will now be based on the 
    calendar year and those sections must be changed to delete references 
    to the former fiscal year and reflect the new calendar year. 12 CFR 
    701.6(b) (2) and (3). The change will result in a transition quarter 
    that begins on October 1, 1994 and ends on December 31, 1994 for which 
    no operating fee would be assessed.
        Currently under Sec. 741.11 of NCUA's Rules and Regulations, an 
    insurance premium and one percent deposit are assessed for all 
    federally insured credit unions based on an insurance year of July 1 
    through June 30. 12 CFR 741.11(b)(1). This definition must be amended 
    to reflect the change to the calendar year. Further, the due dates for 
    the deposits and premiums must be changed from January 31 to a date as 
    set by the NCUA Board in order to coincide with the calendar year. 12 
    CFR 741.11 (c), (d) and (g).
    
    Regulatory Procedures
    
    Regulatory Flexibility Act
    
        The Regulatory Flexibility Act requires the NCUA to prepare an 
    analysis to describe any significant economic impact any regulation may 
    have on a potential number of small credit unions (primarily those 
    under $1 million in assets). Preliminary analysis concerning the effect 
    the proposed rule will have on small credit unions indicates that no 
    significant economic impact will result if the rule is promulgated in 
    final form by the NCUA Board. The proposed rule simply repeats the 
    preexisting requirements of federal credit unions to pay operating fees 
    and federally insured credit unions to pay one percent deposit and 
    insurance premiums with the only modification being the dates when 
    these fees and premiums must be paid. Therefore, the NCUA Board has 
    determined and certifies under the authority granted in 5 U.S.C. 605(b) 
    that the proposed rule, if adopted, will not have a significant 
    economic impact on a substantial number of small credit unions. 
    Accordingly, the NCUA Board has determined that a Regulatory 
    Flexibility Analysis is not required.
    
    Paperwork Reduction Act
    
        These amendments have no effect on paperwork requirements.
    
    Executive Order 12612
    
        Executive Order 12612 requires NCUA to consider the effect of its 
    actions on state interests. The proposed regulation dealing with 
    insurance premiums applies to all federally insured credit unions. 
    However, it makes no substantive changes except to change the dates for 
    certain filings and assessments of fees. The NCUA Board has determined 
    that this amendment is not likely to have any direct effect on states, 
    on the relationship between the states, or on the distribution of power 
    and responsibilities among the various levels of government because 
    federally insured credit unions are currently required to pay an 
    insurance premium.
    
    List of Subjects
    
    12 CFR Part 701
    
        Civil rights, Conflicts of interest, Credit, Credit unions, Fair 
    housing, Insurance, Mortgages, Reporting and recordkeeping 
    requirements, Signs and symbols, Surety bonds.
    
    12 CFR Part 741
    
        Bank deposit insurance, Credit unions, Reporting and recordkeeping 
    requirements.
    
        By the National Credit Union Administration Board on February 
    15, 1994.
    Becky Baker,
    Secretary of the Board.
    
        Accordingly, NCUA amends 12 CFR parts 701 and 741 as follows:
    
    PART 701--ORGANIZATION AND OPERATION OF FEDERAL CREDIT UNIONS
    
        1. The authority citation for part 701 continues to read as 
    follows:
    
        Authority: 12 U.S.C. 1752(5), 1755, 1756, 1757, 1759, 1761a, 
    1761b, 1766, 1767, 1782, 1784, 1787 and 1789. Section 701.6 is also 
    authorized by 31 U.S.C. 3717. Section 701.31 is also authorized by 
    15 U.S.C. 1601 et seq., 42 U.S.C. 1861 and 42 U.S.C. 3601-3610. 
    Section 701.35 is also authorized by 12 U.S.C. 4311-4312.
    
        2. Section 701.6 is amended by revising paragraphs (a), (b) (2) and 
    (3) to read as follows:
    
    
    Sec. 701.6  Fees paid by Federal Credit Unions.
    
        (a) Basis for assessment. Each calendar year or as otherwise 
    directed by the Board, each Federal credit union shall pay to the 
    Administration for the current National Credit Union Administration 
    fiscal year (January 1 to December 31) an operating fee in accordance 
    with a schedule as fixed from time to time by the National Credit Union 
    Administration Board based on the total assets of each Federal credit 
    union as of December 31 of the preceding year or as otherwise 
    determined pursuant to paragraph (b) of this section.
        (b) * * *
        (1) * * *
        (2) Conversions. A state chartered credit union that converts to 
    Federal charter will pay an operating fee in the year following the 
    conversion. Federal credit unions converting to state charter will not 
    receive a refund of the operating fee paid to the Administration in the 
    year in which the conversion takes place.
        (3) Mergers. A continuing Federal credit union that has merged with 
    another credit union will pay an operating fee in the following year 
    based on the combined total assets of the merged credit union and the 
    continuing Federal credit union as of December 31. For purposes of this 
    requirement, a purchase and assumption transaction wherein the 
    continuing Federal credit union purchases all or essentially all of the 
    assets of another credit union shall be deemed a merger. Federal credit 
    unions merging with other Federal or state credit unions will not 
    receive a refund of the operating fee paid to the Administration in the 
    year in which the merger took place.
    * * * * *
    
    PART 741--REQUIREMENTS FOR INSURANCE
    
        3. The authority citation for part 741 continues to read as 
    follows:
    
        Authority: 12 U.S.C. 1757, 1766, and 1781-1790. Section 741.11 
    is also authorized by 31 U.S.C. 3717.
    
        4. Section 741.11 is amended by revising paragraphs (b)(1), (c), 
    (d) and (g) to read as follows:
    
    
    Sec. 741.11  Insurance premium and one per cent deposit.
    
    * * * * *
        (b) * * *
        Insurance year means the period from January 1 through December 31.
    * * * * *
        (c) One percent deposit. Each insured credit union shall maintain 
    with the NCUSIF during each insurance year a deposit in an amount 
    equaling one percent of the total of the credit union's insured shares 
    as of the close of the preceding insurance year. The deposit shall be 
    adjusted annually on a date to be determined by the NCUA Board.
        (d) Premium. Each insured credit union shall pay to the NCUSIF, on 
    a date to be determined by the NCUA Board, an insurance premium for 
    that insurance year in an amount equaling one twelfth of one percent of 
    the credit union's total insured shares as of the close of the 
    preceding insurance year.
    * * * * *
        (g) New charters. A newly-chartered credit union that obtains share 
    insurance coverage from the NCUSIF during the insurance year in which 
    it has obtained its charter shall not be required to pay an insurance 
    premium for that insurance year. The credit union shall fund its one 
    percent deposit on a date to be determined by the NCUA Board in the 
    following insurance year, but shall not participate in any distribution 
    from NCUSIF equity related to the period prior to the credit union's 
    funding of its deposit.
    * * * * *
    [FR Doc. 94-3933 Filed 2-18-94; 8:45 am]
    BILLING CODE 7535-01-M
    
    
    

Document Information

Published:
02/22/1994
Department:
National Credit Union Administration
Entry Type:
Uncategorized Document
Action:
Notice of proposed rulemaking.
Document Number:
94-3933
Dates:
Comments must be postmarked by April 25, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: February 22, 1994
CFR: (2)
12 CFR 701.6
12 CFR 741.11