95-18893. Requirements for Insurance  

  • [Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
    [Proposed Rules]
    [Pages 39274-39280]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-18893]
    
    
    
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    NATIONAL CREDIT UNION ADMINISTRATION
    12 CFR Part 741
    
    
    Requirements for Insurance
    
    AGENCY: National Credit Union Administration (NCUA).
    
    ACTION: Notice of proposed rulemaking.
    
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    SUMMARY: The proposed rule will consolidate all current regulations and 
    requirements that apply to federally insured state-chartered credit 
    unions (FISCUs) in one place, part 741, Requirements for Insurance. The 
    proposal will not impose any new requirements on FISCUs.
    
    DATES: Comments must be postmarked or posted on the NCUA electronic 
    bulletin board by October 2, 1995.
    
    ADDRESSES: Send comments to Becky Baker, Secretary of the Board, 
    National Credit Union Administration Board, 1775 Duke Street, 
    Alexandria, Virginia 22314-3428.
    
    FOR FURTHER INFORMATION CONTACT: Linda Groth, State Program Officer, 
    Office of Examination and Insurance, at the above address or telephone 
    (703) 518-6360 or Mary Rupp, Staff Attorney, Office of General Counsel, 
    at the above address or telephone (703) 518-6540.
    
    SUPPLEMENTARY INFORMATION:
    
    Request for Comments
    
        The NCUA Board seeks comments on the proposed changes to part 741 
    of the NCUA Rules and Regulations.
    
    Background
    
        Part 741 applies to all credit unions whose accounts are insured by 
    the National Credit Union Share Insurance Fund (NCUSIF). It applies to 
    federal credit unions (FCUs), FISCUs and credit unions making 
    application for insurance of accounts. It prescribes requirements for 
    obtaining and maintaining federal insurance and for the payment of 
    insurance premiums and an insurance capitalization deposit.
        Part 741 also serves as a reference for FISCUs in determining which 
    NCUA rules apply to them. It is NCUA's general practice, when a 
    regulation for FCUs also applies to FISCUs, to refer to the regulation 
    in part 741.
        Some regulations that apply to FISCUs, however, are not currently 
    included in part 741. Additionally, the Agreement for Insurance of 
    Accounts, which outlines conditions for state-
    
    [[Page 39275]]
    chartered credit unions obtaining and maintaining federal insurance, 
    contains requirements that are not included in part 741. This proposal 
    corrects those shortcomings by addressing, in part 741, all regulations 
    and requirements that apply to FISCUs. This revision will aid FISCUs by 
    simplifying the process of determining which regulations they must 
    follow. The revision does not impose any additional requirements or new 
    burdens on FISCUs.
        Additionally, the proposed revision reorganizes part 741 into 
    subparts A and B. Subpart A contains requirements that apply to all 
    insured credit unions and are not codified elsewhere in NCUA's 
    regulations. Subpart B contains requirements that are set forth in 
    various other parts of NCUA's regulations affecting FCUs and that are, 
    by incorporation in part 741, applicable to FISCUs as well.
    
    Section-by-Section Analysis
    
    Proposed Section 741.0
    
        This section has been modified to include an explanation of new 
    subpart A which contains substantive requirements that are not codified 
    elsewhere in this chapter and new subpart B which lists additional 
    regulations, set forth elsewhere in this chapter as applying to federal 
    credit unions, that also apply to FISCUs.
    
    Subpart A
    
    Proposed Sections 741.1, 741.2, 741.4, 741.5, 741.6, 741.7, 741.8 and 
    741.9.
    
        In the current part 741, these sections appear as Secs. 741.7, 
    741.5, 741.11, 741.10, 741.13, 741.12, 741.4 and 741.14, respectively. 
    Except for the renumbering, the sections are unchanged. Only technical 
    changes are made to these sections. They are as follows: The sections 
    are renumbered. Section 741.1 is revised to clarify that pursuant to 
    NCUA's examination authority, records and documents must be made 
    available to the NCUA Board or its representative. The last fifteen 
    words of section 741.2 are dropped because they are redundant. Section 
    741.4(b)(3) is revised to clarify that the NCUA Board may temporarily 
    establish a normal operating level for the NCUSIF of less than 1.3%. 
    Section 741.4(d) is revised to clarify that the annual insurance 
    premium may be waived by the NCUA Board.
    
    Proposed Section 741.3
    
        This proposed section on criteria for insurance is a restatement of 
    the existing Sec. 741.9, with some minor changes. The introduction has 
    been amended by adding the phrase, ``and in continuing insurability'' 
    after ``insurance'' to clarify that the criteria listed in this section 
    apply in order to maintain, as well as to obtain, federal insurance.
        Proposed Sec. 741.3(a)(3) incorporates a requirement imposed on 
    FISCUs by the Agreement for Insurance of Accounts. An Investment 
    Valuation Reserve Account must be established for those investments 
    owned by FISCUs that do not conform to NCUA's investment regulation for 
    federal credit unions (12 CFR part 703). The reserve must equal the net 
    excess of book value over current market value. If the market value 
    cannot be determined, a reserve equal to the full book value must be 
    established. Current Sec. 741.9(a)(3) requires a special reserve 
    account, but does not address the market value issue.
        The requirement that state-chartered corporate credit unions comply 
    with part 704 has not been carried over from current Sec. 741.9(a)(3) 
    to proposed Sec. 741.3(a)(3), because it is contained in proposed 
    Sec. 741.3(b)(3).
        Similarly, the requirement that management agree to comply with 
    ``full and fair disclosure'' has not been carried over from current 
    Sec. 741.9(c) to proposed Sec. 741.3(c), because it is contained in 
    proposed Sec. 741.3(a)(1).
    
    Proposed Section 741.10
    
        This section is new and incorporates requirements currently imposed 
    on FISCUs by the Agreement for Insurance of Accounts. It affects those 
    FISCUs permitted by state law to accept uninsured nonmember shares or 
    deposits. The FISCU is required to identify these nonmember accounts as 
    nonmember shares or deposits on all statements or reports required by 
    the NCUA Board and advise, in writing, any nonmember share and deposit 
    holders that their accounts are not insured by NCUSIF. This would not 
    apply to low income nonmember deposits that are insured pursuant to 
    Sec. 701.32.
    
    Subpart B
    
    Proposed Sections 741.201, 741.203, 741.204 and 741.205
    
        These proposed sections appear in the current rule as Secs. 741.1, 
    741.3, 741.6 and 741.8 respectively. Except for renumbering, these 
    sections remain unchanged.
    
    Proposed Section 741.202
    
        This section appears in the current rule as Sec. 741.2. It is 
    changed for clarification purposes only. Proposed Sec. 741.202(b) 
    substitutes the term ``financial officer'' for ``treasurer''. The 
    purpose of the change is to conform the wording to the Federal Credit 
    Union Bylaws.
    
    Proposed Sections 741.206 Through 741.218
    
        As described below, these sections refer to other existing 
    regulations that apply to FISCUs and are not currently addressed in 
    part 741.
    
    Proposed Section 741.206
    
        This new section addresses NCUA's regulation concerning Corporate 
    Credit Unions (part 704).
    
    Proposed Section 741.207
    
        This new section addresses the Community Development Revolving Loan 
    Program for Credit Unions and Designation as a Low Income Credit Union 
    (part 705 and Sec. 701.32(d)).
    
    Proposed Section 741.208
    
        This new section provides that FISCUs choosing to merge or 
    voluntarily terminate or convert their insured status must meet the 
    requirements of Section 206 of the FCU Act (12 U.S.C. 1786) and parts 
    708a and 708b of the NCUA Rules and Regulations.
    
    Proposed Section 741.209
    
        This new section addresses Management Official Interlocks (part 
    711).
    
    Proposed Section 741.210
    
        This new section addresses the Central Liquidity Facility (part 
    725).
    
    Proposed Section 741.211
    
        This new section addresses Advertising (part 740).
    
    Proposed Section 741.212
    
        This new section addresses Share Insurance (part 745).
    
    Proposed Section 741.213
    
        This new section addresses Administrative Actions, Adjudicative 
    Hearings, Rules of Practice and Procedure, and Investigations (part 
    747).
    
    Proposed Section 741.214
    
        This new section addresses the Report of Crime or Catastrophic Act 
    and Bank Secrecy Act compliance (part 748).
    
    Proposed Section 741.215
    
        This new section addresses the Records Preservation Program (part 
    749).
    
    Proposed Section 741.216
        This new section addresses Flood Insurance (part 760).
    
    Proposed Section 741.217
    
        This new section addresses Truth in Savings (part 707). 
    
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    Proposed Section 741.218
    
        This new section addresses Involuntary Liquidation and Creditor 
    Claims (part 709).
    
    Regulatory Procedures
    
    Regulatory Flexibility Act
    
        The Regulatory Flexibility Act requires NCUA to prepare an analysis 
    to describe the significant economic impact any proposed regulation may 
    have on a substantial number of small credit unions (primarily those 
    under $1 million in assets). This proposal is a compilation of existing 
    regulations and requirements already in place for FISCUs. It does not 
    add any additional requirements or burden. Accordingly, 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 significant number of small credit unions and that 
    a Regulatory Flexibility Act analysis is not required.
    
    Paperwork Reduction Act
    
        The proposed rule does not impose any new paperwork requirements.
    
    Executive Order 12612
    
        The proposed rule does not make any substantive changes. Therefore, 
    no new analysis of part 741's effect on state interests is required.
    
    List of Subjects in 12 CFR Part 741
    
        Bank deposit insurance, Credit unions and Reporting and 
    recordkeeping requirements.
    
        By the National Credit Union Administration Board on July 27, 
    1995.
    Becky Baker,
    Secretary of the Board.
    
        Accordingly, NCUA proposes to revise part 741 as follows:
    
    PART 741--REQUIREMENTS FOR INSURANCE
    
    Sec.
    741.0  Scope.
    
    Subpart A--Regulations that Apply to Both Federal Credit Unions and 
    Federally Insured State-Chartered Credit Unions and That are Not 
    Codified Elsewhere in NCUA's Regulations
    
    741.1  Examination.
    741.2  Maximum borrowing authority.
    741.3  Criteria.
    741.4  Insurance premium and one percent deposit.
    741.5  Notice of termination of excess insurance coverage.
    741.6  Financial and statistical and other reports.
    741.7  Conversion to a state-chartered credit union.
    741.8  Purchase of assets and assumption of liabilities.
    741.9  Uninsured membership shares.
    741.10  Disclosure of share insurance.
    
    Subpart B--Regulations Codified Elsewhere in NCUA's Regulations as 
    Applying to Federal Credit Unions That Also Apply to Federally Insured 
    State-Chartered Credit Unions
    
    741.201  Minimum fidelity bond requirements.
    741.202  Audit and verification requirements.
    741.203  Minimum loan policy requirements.
    741.204  Maximum public unit and nonmember accounts, and low-income 
    designation.
    741.205  Reporting requirements for credit unions that are newly 
    chartered or in troubled condition.
    741.206  Corporate credit unions.
    741.207  Community development revolving loan program for credit 
    unions.
    741.208  Mergers of Federally insured credit unions: voluntary 
    termination or conversion of insured status.
    741.209  Management official interlocks.
    741.210  Central Liquidity Facility.
    741.211  Advertising.
    741.212  Share insurance.
    741.213  Administrative actions, adjudicative hearings, rules of 
    practice and procedure.
    741.214  Report of Crime or Catastrophic Act and Bank Secrecy Act 
    compliance.
    741.215  Records preservation program.
    741.216  Flood insurance.
    741.217  Truth in savings.
    741.218  Involuntary liquidation and creditor claims.
    
        Authority: 12 U.S.C. 1757, 1766, and 1781-1790. Section 741.4 is 
    also authorized by 31 U.S.C. 3717.
    
    
    Sec. 741.0  Scope.
    
        The provisions of this part apply to federal credit unions, 
    federally insured state-chartered credit unions, and credit unions 
    making application for insurance of accounts pursuant to Title II of 
    the Act, unless the context of a provision indicates its application is 
    otherwise limited. This part prescribes various requirements for 
    obtaining and maintaining federal insurance and the payment of 
    insurance premiums and capitalization deposit. Subpart A of this part 
    contains substantive requirements that are not codified elsewhere in 
    this chapter. Subpart B of this part lists additional regulations, set 
    forth elsewhere in this chapter as applying to federal credit unions, 
    that also apply to federally insured state-chartered credit unions. As 
    used in this part, insured credit union means a credit union whose 
    accounts are insured by the National Credit Union Share Insurance Fund 
    (NCUSIF).
    Subpart A--Regulations That Apply To Both Federal Credit Unions and 
    Federally Insured State-Chartered Credit Unions and That Are Not 
    Codified Elsewhere in NCUA's Regulations
    
    
    Sec. 741.1  Examination.
    
        As provided in Sections 201 and 204 of the Act (12 U.S.C. 1781 and 
    1784), the NCUA Board is authorized to examine any insured credit union 
    or any credit union making application for insurance of its accounts. 
    Such examination may require access to all records, reports, contracts 
    to which the credit union is a party, and information concerning the 
    affairs of the credit union. Upon request, such documentation must be 
    provided to the NCUA Board or its representative. Any credit union 
    which makes application for insurance will be required to pay the cost 
    of such examination and processing. To the maximum extent feasible, the 
    NCUA Board will utilize examinations conducted by state regulatory 
    agencies.
    
    
    Sec. 741.2  Maximum borrowing authority.
    
        Any credit union which makes application for insurance of its 
    accounts pursuant to Title II of the Act, or any insured credit union, 
    must not borrow, from any source, an aggregate amount in excess of 50 
    per centum of its paid-in and unimpaired capital and surplus (shares 
    and undivided earnings, plus net income or minus net loss).
    
    
    Sec. 741.3  Criteria.
    
        In determining the insurability of a credit union which makes 
    application for insurance and in continuing the insurability of its 
    accounts pursuant to Title II of the Act, the following criteria shall 
    be applied:
        (a) Adequacy of reserves.
        (1) General rule. State-chartered credit unions must meet, at a 
    minimum, the statutory reserve and full and fair disclosure 
    requirements imposed on federal credit unions by Section 116 of the Act 
    and part 702 of this chapter.
        (2) Charges against reserves. State-chartered credit unions may 
    charge losses, including losses other than loan losses, against the 
    statutory reserve in accordance with either state law or procedures 
    established by the state supervisory authority. However, charges for 
    losses other than loan losses shall be made only after notification to 
    the Regional Director, unless the credit union's ratio of capital to 
    assets is greater than 6 percent and the charge reduces the ratio by no 
    more than \1/2\ percent. For purposes of this section, capital is 
    defined as the total of the 
    
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    Regular Reserve, the Allowance for Loan Losses, the Allowance for 
    Investment Losses, Undivided Earnings, and other reserves.
        (3) Special reserve for nonconforming investments. State-chartered 
    credit unions (except state-chartered corporate credit unions) are 
    required to establish an additional special reserve for investments if 
    those credit unions are permitted by their respective state laws to 
    make investments beyond those authorized in the Act or the NCUA Rules 
    and Regulations. For any investment other than loans to members and 
    obligations or securities expressly authorized in Title I of the Act 
    and part 703 of this chapter, as amended, state-chartered credit unions 
    (except state-chartered corporate credit unions) are required to 
    establish and maintain at the end of each accounting period and prior 
    to payment of any dividend, an Investment Valuation Reserve Account in 
    an amount at least equal to the net excess of book value over current 
    market value of the investments. If the market value cannot be 
    determined, an amount equal to the full book value will be established. 
    When at the end of any dividend period, the amount in the Investment 
    Valuation Reserve exceeds the difference between book value and market 
    value, the board of directors may authorize the transfer of the excess 
    to Undivided Earnings.
        (b) Financial condition and policies. The following factors are to 
    be considered in determining whether the credit union's financial 
    condition and policies are both safe and sound:
        (1) The existence of unfavorable trends which may include excessive 
    losses on loans (i.e., losses which exceed the regular reserve or its 
    equivalent [in the case of state-chartered credit unions] plus other 
    irrevocable reserves established as a contingency against losses on 
    loans), the presence of special reserve accounts used specifically for 
    charging off loan balances of deceased borrowers, and an expense ratio 
    so high that the required transfers to reserves create a net operating 
    loss for the period or that the net gain after these transfers is not 
    sufficient to permit the payment of a nominal dividend;
        (2) The existence of written lending policies, including adequate 
    documentation of secured loans and the protection of security interests 
    by recording, bond, insurance, or other adequate means, adequate 
    determination of the financial capacity of borrowers and comakers for 
    repayment of the loan, and adequate determination of value of security 
    on loans to ascertain that said security is adequate to repay the loan 
    in the event of default;
        (3) Investment policies which are within the provisions of 
    applicable law and regulations, i.e., the Act and part 703 of this 
    chapter for federal credit unions and the laws of the state in which 
    the credit union operates for state-chartered credit unions, except 
    state-chartered corporate credit unions. State-chartered corporate 
    credit unions are permitted to make only those investments that are in 
    conformance with part 704 of this chapter and applicable state laws and 
    regulations;
        (4) The presence of any account or security, the form of which has 
    not been approved by the Board, except for accounts authorized by state 
    law for state-chartered credit unions.
        (c) Fitness of management. The officers, directors, and committee 
    members of the credit union must have conducted its operations in 
    accordance with provisions of applicable law, regulations, its charter 
    and bylaws. No person shall serve as a director, officer, committee 
    member, or employee of an insured credit union who has been convicted 
    of any criminal offense involving dishonesty or breach of trust, except 
    with the written consent of the Board.
        (d) Insurance of member accounts would not otherwise involve undue 
    risk to the NCUSIF. The credit union must maintain adequate fidelity 
    bond coverage as specified in Sec. 741.201. Any circumstances which may 
    be unique to the particular credit union concerned shall also be 
    considered in arriving at the determination of whether or not an undue 
    risk to the NCUSIF is or may be present. For purposes of this section, 
    the term ``undue risk to the NCUSIF'' is defined as a condition which 
    creates a probability of loss in excess of that normally found in a 
    credit union and which indicates a reasonably foreseeable probability 
    of the credit union becoming insolvent because of such condition, with 
    a resultant claim against the NCUSIF.
        (e) Powers and purposes. The credit union must not perform services 
    other than those which are consistent with the promotion of thrift and 
    the creation of a source of credit for its members, except as otherwise 
    permitted by law or regulation.
        (f) Letter of disapproval. A credit union whose application for 
    share insurance is disapproved shall receive a letter indicating the 
    reasons for such disapproval, a citation of the authority for such 
    disapproval, and suggested methods by which the applying credit union 
    may correct its deficiencies and thereby qualify for share insurance.
        (g) Nothing herein shall preclude the NCUA Board from imposing 
    additional terms or conditions pursuant to the insurance agreement.
    
    
    Sec. 741.4  Insurance premium and one percent deposit.
    
        (a) Scope. This section implements the requirements of Section 202 
    of the Act (12 U.S.C. 1782) providing for capitalization of the NCUSIF 
    through the maintenance of a deposit by each insured credit union in an 
    amount equaling one percent of its insured shares and payment of an 
    annual insurance premium.
        (b) Definitions. For purposes of this section:
        (1) Insurance year means the period from January 1 through December 
    31;
        (2) Insured shares means the total amount of a credit union's 
    share, share draft and share certificate accounts, or their equivalent 
    under state law (which may include deposit accounts), authorized to be 
    issued to members, other credit unions, public units, or nonmembers 
    (where permitted under the Act or equivalent state law). ``Insured 
    shares'' does not include amounts in excess of insurance coverage as 
    provided in part 745 of this chapter; and
        (3) Normal operating level means a total value of the NCUSIF equity 
    equaling 1.3 percent of the aggregate of all insured shares in insured 
    credit unions as of the end of the preceding insurance year, or such 
    lower value as established by action of the NCUA Board.
        (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 amount 
    shall be adjusted annually on a date to be determined by the NCUA 
    Board.
        (d) Premium. Unless waived by the NCUA Board, 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.
        (e) Redistribution of NCUSIF equity. When the NCUSIF exceeds its 
    normal operating level, the NCUA Board will, at least annually, make a 
    proportionate adjustment for insured credit unions of the amount 
    necessary to reduce the NCUSIF to its normal operating level. Such 
    adjustment will be in the form determined by the NCUA Board and 
    
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    may include a waiver of insurance premiums, premium rebates, and/or 
    distributions from NCUSIF equity.
        (f) Forms 1304 and 1305. A certified copy of Form 1304 will be 
    provided to all federally insured state-chartered credit unions and 
    Form 1305 to all federally chartered credit unions in connection with 
    the computation and funding of their annual premium payment and any 
    change in their one percent deposit. Form 1305 also includes the annual 
    operating fee. Forms 1304 and 1305 are invoices and are precalculated 
    based on the credit union's previous year's insured shares. The forms 
    provide for any adjustments declared by the NCUA Board, resulting in a 
    single net transfer of funds between the credit union and the NCUA. 
    Additional copies of each credit union's Form 1304 and 1305 may be 
    obtained from the appropriate NCUA Regional Office.
        (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.
        (h) Conversion to Federal insurance. An existing credit union that 
    converts to insurance coverage with the NCUSIF during an insurance year 
    shall immediately fund its one percent deposit based on the total of 
    its shares as of the close of the month prior to conversion and shall 
    pay a premium (unless waived in whole or in part for all insured credit 
    unions during that year) in an amount that is prorated to reflect the 
    remaining number of months in the insurance year. The credit union will 
    be entitled to a prorated share of any distribution from NCUSIF equity 
    declared subsequent to the credit union's conversion.
        (i) Mergers of nonfederally insured credit unions. Where a 
    nonfederally insured credit union merges into a federally insured 
    credit union, the continuing federally insured credit union shall 
    immediately pay to the NCUSIF a prorated insurance premium (unless 
    waived in whole or in part for all federally insured credit unions), 
    and an additional one percent deposit based upon the increase in 
    insured shares resulting from the merger.
        (j) Return of deposit. Any insolvent credit union that is closed 
    for involuntary liquidation will not be entitled to a return of its 
    deposit. Any solvent credit union that is closed due to involuntary 
    liquidation shall be entitled to a return of its deposit prior to final 
    distribution of member shares. Any other credit union whose insurance 
    coverage with the NCUSIF terminates will be entitled to a return of the 
    full amount of its deposit immediately after the final date on which 
    any shares of the credit union are insured, except that the NCUA Board 
    reserves the right to delay payment by up to one year if it determines 
    that immediate payment would jeopardize the financial condition of the 
    NCUSIF. This includes termination of insurance due to mergers and 
    consolidations. A credit union that receives a return of its deposit 
    during an insurance year shall have the option of leaving a nominal sum 
    on deposit with the NCUSIF until the next distribution from NCUSIF 
    equity and will thus qualify for a prorated share of the distribution.
        (k) Assessment of administrative fee and interest for delinquent 
    payment. Each federally insured credit union shall pay to the NCUA an 
    administrative fee, the costs of collection, and interest on any 
    delinquent payment of its capitalization deposit or insurance premium. 
    A payment will be considered delinquent if it is postmarked later than 
    the date stated in the invoice provided to the credit union. The NCUA 
    may waive or abate charges or collection of interest, if circumstances 
    warrant.
        (1) The administrative fee for a delinquent payment shall be an 
    amount as fixed from time to time by the NCUA Board based upon the 
    administrative costs of such delinquent payments to the NCUA in the 
    preceding year.
        (2) The costs of collection shall be calculated as the actual hours 
    expended by NCUA personnel multiplied by the average hourly cost of the 
    salaries and benefits of such personnel.
        (3) The interest rate charged on any delinquent payment shall be 
    the U.S. Department of the Treasury Tax and Loan Rate in effect on the 
    date when the payment is due as provided in 31 U.S.C. 3717.
    
    
    Sec. 741.5  Notice of termination of excess insurance coverage.
        In the event of a credit union's termination of share insurance 
    coverage other than that provided by the NCUSIF, the credit union must 
    notify all members in writing of such termination at least 30 days 
    prior to the effective date of termination.
    
    
    Sec. 741.6  Financial and statistical and other reports.
    
        (a) Each operating insured credit union with assets in excess of 
    $50,000,000 shall file with the NCUA a quarterly Financial and 
    Statistical Report on Form NCUA 5300, on or before January 22 (as of 
    the previous December 31), April 22 (as of the previous March 31), July 
    22 (as of the previous June 30) and October 22 (as of the previous 
    September 30) of each year. All other operating insured credit unions 
    shall file with the NCUA on or before January 31 and on or before July 
    31 of each year a semiannual Financial and Statistical Report on Form 
    NCUA 5300, as of the previous December 31 (in the case of the January 
    filing) or June 30 (in the case of the July filing).
        (b) Insured credit unions shall, upon written notice from the NCUA 
    Board or Regional Director, file such financial or other reports in 
    accordance with instructions contained in such notice.
    
    
    Sec. 741.7  Conversion to a state-chartered credit union.
    
        Any federal credit union that petitions to convert to a state-
    chartered federally insured credit union is required to apply to the 
    Regional Director for continued insurance of its accounts and meet the 
    requirements as stated in the Act and this part. If the application for 
    continued insurance is not approved, such insurance will terminate 
    subject to the conditions set forth in section 206(d) of the Act.
    
    
    Sec. 741.8  Purchase of assets and assumption of liabilities.
    
        (a) Any credit union insured pursuant to Title II of the Act must 
    apply for and receive approval from the NCUA Board before either 
    purchasing or acquiring loans or assuming or receiving an assignment of 
    deposits, shares, or liabilities from:
        (1) Any credit union that is not insured pursuant to Title II of 
    the Act;
        (2) Any other financial-type institution (including depository 
    institutions, mortgage banks, consumer finance companies, insurance 
    companies, loan brokers, and other loan sellers or liability traders); 
    or
        (3) Any successor in interest to any institution identified in 
    paragraphs (a)(1) or (a)(2) of this section.
        (b) Approval is not required for:
        (1) Purchases of student loans or real estate secured loans to 
    facilitate the packaging of a pool of loans to be sold or pledged on 
    the secondary market under Sec. 701.23(b)(1) (iii) or (iv) of this 
    chapter or comparable state law for state-chartered credit unions, or 
    purchases of member loans under 
    
    [[Page 39279]]
    Sec. 701.23(b)(1)(i) of this chapter or comparable state law for state-
    chartered credit unions; or
        (2) Assumptions or receipt of deposits, shares or liabilities as 
    rollovers or transfers of member retirement accounts or in which an 
    NCUSIF-insured credit union perfects a security interest in connection 
    with an extension of credit to any member.
    
    
    Sec. 741.9  Uninsured membership shares.
    
        Any credit union that is insured pursuant to Title II of the Act 
    may not offer membership shares that, due to the terms and conditions 
    of the account, are not eligible for insurance coverage. This 
    prohibition does not apply to shares that are uninsured solely because 
    the amount is in excess of the maximum insurance coverage provided 
    pursuant to part 745 of this chapter.
    
    
    Sec. 741.10  Disclosure of share insurance.
    
        Any credit union which is insured pursuant to Title II of the Act 
    and is permitted by state law to accept nonmember shares or deposits 
    from sources other than other credit unions and public units (or, for 
    low-income designated credit unions, any nonmembers), shall identify 
    such nonmember accounts as nonmember shares or deposits on any 
    statement or report required by the NCUA Board for insurance purposes. 
    Immediately after a state-chartered credit union receives notice from 
    NCUA that its member accounts are federally insured, the credit union 
    shall advise any present nonmember share and deposit holders by letter 
    that their accounts are not insured by the NCUSIF. Also, future 
    nonmember share and deposit fund holders will be so advised by letter 
    as they open accounts.
    
    Subpart B--Regulations Codified Elsewhere in NCUA's Regulations as 
    Applying to Federal Credit Unions That Also Apply to Federally 
    Insured State-Chartered Credit Unions
    
    
    Sec. 741.201  Minimum fidelity bond requirements.
    
        (a) Any credit union which makes application for insurance of its 
    accounts pursuant to Title II of the Act must possess the minimum 
    fidelity bond coverage stated in Sec. 701.20 of this chapter in order 
    for its application for such insurance to be approved and for such 
    insurance coverage to continue. A federally insured credit union whose 
    fidelity bond coverage is terminated shall mail notice of such 
    termination to the Regional Director not less than 35 days prior to the 
    effective date of such termination.
        (b) Corporate credit unions must comply with Sec. 704.17 of this 
    chapter in lieu of Sec. 701.20.
    
    
    Sec. 741.202  Audit and verification requirements.
    
        (a) The supervisory committee of each credit union insured pursuant 
    to Title II of the Act shall make or cause to be made an audit of the 
    credit union at least once every calendar year covering the period 
    elapsed since the last audit. The audit must fully meet the 
    requirements set forth in Secs. 701.12 and 701.13 of this chapter.
        (b) Each credit union which is insured pursuant to Title II of the 
    Act shall verify or cause to be verified, under controlled conditions, 
    all passbooks and accounts with the records of the financial officer 
    not less frequently than once every 2 years. The verification must 
    fully meet the requirements set forth in Secs. 701.12(e) and 701.13 of 
    this chapter.
    
    
    Sec. 741.203  Minimum loan policy requirements.
    
        Any credit union which is insured pursuant to Title II of the Act 
    must:
        (a) Adhere to the requirements stated in Sec. 701.21(h) of this 
    chapter concerning member business loans, Sec. 701.21(c)(8) of this 
    chapter concerning prohibited fees, and Sec. 701.21(d)(5) of this 
    chapter concerning nonpreferential loans. State-chartered, NCUSIF-
    insured credit unions in a given state are exempt from these 
    requirements if the state regulatory authority for that state adopts 
    substantially equivalent regulations as determined by the NCUA Board. 
    In nonexempt states, all required NCUA reviews and approvals will be 
    handled in coordination with the state credit union supervisory 
    authority; and
        (b) adhere to the requirements stated in part 722 of this chapter 
    concerning appraisals.
    
    
    Sec. 741.204  Maximum public unit and nonmember accounts, and low-
    income designation.
    
        Any credit union that is insured, or that makes application for 
    insurance, pursuant to Title II of the Act must:
        (a) Adhere to the requirements of Sec. 701.32 of this chapter 
    regarding public unit and nonmember accounts, provided it has the 
    authority to accept such accounts. Requests by federally insured state-
    chartered credit unions for an exemption from the limitation of 
    Sec. 701.32 will be made and reviewed on the same basis as that 
    provided in Sec. 701.32 for federal credit unions, provided, however 
    that NCUA will not grant an exemption without the concurrence of the 
    appropriate state regulator.
        (b) Obtain a low-income designation in order to accept nonmember 
    accounts, other than from public units or other credit unions, provided 
    it has the authority to accept such accounts under state law. The state 
    regulator shall make the low-income designation with the concurrence of 
    the appropriate regional director. The designation will be made and 
    reviewed by the state regulator on the same basis as that provided in 
    Sec. 701.32(d) for federal credit unions. Removal of the designation by 
    the state regulator for such credit unions shall be with the 
    concurrence of NCUA.
    
    
    Sec. 741.205  Reporting requirements for credit unions that are newly 
    chartered or in troubled condition.
    
        Any federally insured credit union chartered for less than 2 years 
    or any credit union defined to be in troubled condition as set forth in 
    Sec. 701.14(b)(3) of this chapter must adhere to the requirements 
    stated in Sec. 701.14(c) concerning the prior notice and NCUA review. 
    Federally insured state-chartered credit unions must submit required 
    information to both the appropriate NCUA Regional Director and their 
    state supervisor. NCUA will consult with the state supervisor before 
    making its determination pursuant to Sec. 701.14(d)(2) and (f). NCUA 
    will notify the state supervisor of its approval/disapproval no later 
    than the time that it notifies the affected individual pursuant to 
    Sec. 701.14(d)(1).
    
    
    Sec. 741.206  Corporate credit unions.
    
        Any corporate credit union insured pursuant to Title II of the Act 
    shall adhere to the requirements of part 704 of this chapter.
    
    
    Sec. 741.207  Community development revolving loan program for credit 
    unions.
    
        Any credit union which is insured pursuant to Title II of the Act 
    and is a ``participating credit union,'' as defined in Sec. 705.3 of 
    this chapter, shall adhere to the requirements stated in part 705 of 
    this chapter.
    
    
    Sec. 741.208  Mergers of federally insured credit unions: voluntary 
    termination or conversion of insured status.
    
        Any credit union which is insured pursuant to Title II of the Act 
    and which merges with another credit union or non credit union 
    institution, and any state-chartered credit union which voluntarily 
    terminates its status as a federally-insured credit union, or converts 
    from federal insurance to other insurance from a government or private 
    source authorized to insure member accounts, shall adhere to the 
    applicable requirements stated in Section 206 of the Act and parts 708a 
    and 708b of this 
    
    [[Page 39280]]
    chapter concerning mergers and voluntary termination or conversion of 
    insured status.
    
    
    Sec. 741.209  Management official interlocks.
    
        Any credit union which is insured pursuant to Title II of the Act 
    shall adhere to the requirements stated in part 711 of this chapter 
    concerning management official interlocks, issued under the provisions 
    of the Depository Institution Management Interlocks Act (12 U.S.C. 3201 
    et seq.).
    
    
    Sec. 741.210  Central liquidity facility.
    
        Any credit union which is insured pursuant to Title II of the Act 
    and is a member of the Central Liquidity Facility, shall adhere to the 
    requirements stated in part 725 of this chapter.
    
    
    Sec. 741.211  Advertising.
    
        Any credit union which is insured pursuant to Title II of the Act 
    shall adhere to the requirements prescribed by part 740 of this 
    chapter.
    Sec. 741.212  Share insurance.
    
        (a) Member share accounts received by any credit union which is 
    insured pursuant to Title II of the Act in its usual course of 
    business, including regular shares, share certificates, and share draft 
    accounts, are insured subject to the limitations and rules in subpart A 
    of part 745 of this chapter.
        (b) The payment of share insurance and the appeal process 
    applicable to any credit union which is insured pursuant to Title II of 
    the Act are addressed in subpart B of part 745 of this chapter.
    
    
    Sec. 741.213  Administrative actions, adjudicative hearings, rules of 
    practice and procedure.
    
        Any credit union which is insured pursuant to Title II of the Act 
    shall adhere to the applicable rules of practice and procedures for 
    administrative actions and adjudicative hearings prescribed by part 747 
    of this chapter. Subpart E of part 747 applies only to federal credit 
    unions.
    
    
    Sec. 741.214  Report of crime or catastrophic act and bank Secrecy Act 
    Compliance.
    
        Any credit union which is insured pursuant to Title II of the Act 
    shall adhere to the requirements stated in part 748 of this chapter.
    
    
    Sec. 741.215  Records preservation program.
    
        Any credit union which is insured pursuant to Title II of the Act 
    shall maintain a records preservation program as prescribed by part 749 
    of this chapter.
    
    
    Sec. 741.216  Flood insurance.
    
        Any credit union which is insured pursuant to Title II of the Act 
    shall adhere to the requirements stated in part 760 of this chapter.
    
    
    Sec. 741.217  Truth in savings.
    
        Any credit union which is insured pursuant to Title II of the Act 
    shall adhere to the requirements stated in part 707 of this chapter.
    
    
    Sec. 741.218  Involuntary liquidation and creditor claims.
    
        Any credit union which is insured pursuant to Title II of the Act 
    shall adhere to the applicable provisions in part 709 of this chapter. 
    Section 709.3 of part 709 applies only to federal credit unions.
    
    [FR Doc. 95-18893 Filed 8-1-95; 8:45 am]
    BILLING CODE 7535-01-P
    
    

Document Information

Published:
08/02/1995
Department:
National Credit Union Administration
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking.
Document Number:
95-18893
Dates:
Comments must be postmarked or posted on the NCUA electronic bulletin board by October 2, 1995.
Pages:
39274-39280 (7 pages)
PDF File:
95-18893.pdf
CFR: (36)
12 CFR 741.3(b)(3)
12 CFR 701.14(b)(3)
12 CFR 701.23(b)(1)(i)
12 CFR 741.9(c)
12 CFR 701.32(d)
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