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12 U.S.C. § 1760 — Members’ meetings

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1760 — Members’ meetings

Page 869 TITLE 12—BANKS AND BANKING § 1761 1970—Pub. L. 91–206 substituted ‘‘Administrator’’ for ‘‘Director’’. 1959—Pub. L. 86–354 substituted ‘‘persons’’ for ‘‘per- son’’ before ‘‘designated’’. 1946—Act July 31, 1946, inserted sentence at end per- mitting a Federal credit union to issue shares in joint tenancy with a right of survivorship. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–630 effective on expiration of 120 days after Nov. 10, 1978, and transitional provi- sions, see section 509 of Pub. L. 95–630, set out as a note under section 1752 of this title. REPORT AND CONGRESSIONAL REVIEW REQUIREMENT FOR CERTAIN REGULATIONS Pub. L. 105–219, title II, § 205, Aug. 7, 1998, 112 Stat. 923, provided that: ‘‘A regulation prescribed by the Board [National Credit Union Administration Board] shall be treated as a major rule for purposes of chapter 8 of title 5, United States Code, if the regulation de- fines, or amends the definition of— ‘‘(1) the term ‘immediate family or household’ for purposes of section 109(e)(1) of the Federal Credit Union Act [12 U.S.C. 1759(e)(1)] (as added by section 101 of this Act); or ‘‘(2) the term ‘well-defined local community, neigh- borhood, or rural district’ for purposes of section 109(g) of the Federal Credit Union Act (as added by section 103 of this Act).’’ § 1760. Members’ meetings The fiscal year of all Federal credit unions shall end December 31. The annual meeting of each Federal credit union shall be held at such place as its bylaws shall prescribe. Special meet- ings may be held in the manner indicated in the bylaws. No member shall be entitled to vote by proxy, but a member other than a natural per- son may vote through an agent designated for the purpo

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Page 869 TITLE 12—BANKS AND BANKING § 1761 1970—Pub. L. 91–206 substituted ‘‘Administrator’’ for ‘‘Director’’. 1959—Pub. L. 86–354 substituted ‘‘persons’’ for ‘‘per- son’’ before ‘‘designated’’. 1946—Act July 31, 1946, inserted sentence at end per- mitting a Federal credit union to issue shares in joint tenancy with a right of survivorship. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–630 effective on expiration of 120 days after Nov. 10, 1978, and transitional provi- sions, see section 509 of Pub. L. 95–630, set out as a note under section 1752 of this title. REPORT AND CONGRESSIONAL REVIEW REQUIREMENT FOR CERTAIN REGULATIONS Pub. L. 105–219, title II, § 205, Aug. 7, 1998, 112 Stat. 923, provided that: ‘‘A regulation prescribed by the Board [National Credit Union Administration Board] shall be treated as a major rule for purposes of chapter 8 of title 5, United States Code, if the regulation de- fines, or amends the definition of— ‘‘(1) the term ‘immediate family or household’ for purposes of section 109(e)(1) of the Federal Credit Union Act [12 U.S.C. 1759(e)(1)] (as added by section 101 of this Act); or ‘‘(2) the term ‘well-defined local community, neigh- borhood, or rural district’ for purposes of section 109(g) of the Federal Credit Union Act (as added by section 103 of this Act).’’ § 1760. Members’ meetings The fiscal year of all Federal credit unions shall end December 31. The annual meeting of each Federal credit union shall be held at such place as its bylaws shall prescribe. Special meet- ings may be held in the manner indicated in the bylaws. No member shall be entitled to vote by proxy, but a member other than a natural per- son may vote through an agent designated for the purpose. Irrespective of the number of shares held, no member shall have more than one vote. (June 26, 1934, ch. 750, title I, § 110, formerly § 10, 48 Stat. 1219; renumbered § 11, Pub. L. 86–354, § 1, Sept. 22, 1959, 73 Stat. 631; amended Pub. L. 88–150, § 1, Oct. 17, 1963, 77 Stat. 270; renumbered title I, § 110, Pub. L. 91–468, § 1(2), Oct. 19, 1970, 84 Stat. 994; amended Pub. L. 97–320, title V, § 519, Oct. 15, 1982, 96 Stat. 1531.) Editorial Notes AMENDMENTS 1982—Pub. L. 97–320 struck out ‘‘at such time during the following January, February, or March and’’ after ‘‘shall be held’’, and ‘‘by him’’ after ‘‘shares held’’. 1963—Pub. L. 88–150 substituted ‘‘during the following January, February, or March’’ for ‘‘during the month of the following January’’. § 1761. Management (a) Board of directors, credit committee, and su- pervisory committee; election to board The management of a Federal credit union shall be by a board of directors, a supervisory committee, and where the bylaws so provide, a credit committee. The board shall consist of an odd number of directors, at least five in number, to be elected annually by and from the members as the bylaws provide. Any vacancy occurring on the board shall be filled until the next annual election by appointment by the remainder of the directors. (b) Membership on supervisory committee; names and addresses of officers and com- mittee members The supervisory committee shall be appointed by the board of directors and shall consist of not less than three members nor more than five members, one of whom may be a director other than the compensated officer of the board. A record of the names and addresses of the execu- tive officers, members of the supervisory com- mittee, credit committee, and loan officers, shall be filed with the Administration within ten days after their election or appointment. (c) Compensation No member of the board or of any other com- mittee shall, as such, be compensated, except that reasonable health, accident, similar insur- ance protection, and the reimbursement of rea- sonable expenses incurred in the execution of the duties of the position shall not be considered compensation. (June 26, 1934, ch. 750, title I, § 111, formerly § 11, 48 Stat. 1219; June 15, 1940, ch. 366, 54 Stat. 398; July 31, 1946, ch. 711, §§ 3–6, 60 Stat. 745; 1947 Reorg. Plan No. 1, § 401, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 952; June 29, 1948, ch. 711, §§ 1, 2, 62 Stat. 1091; Oct. 25, 1949, ch. 713, § 2, 63 Stat. 890; June 30, 1954, ch. 426, § 1, 68 Stat. 335; Aug. 24, 1954, ch. 905, §§ 1, 2, 68 Stat. 792; renumbered § 12 and amended Pub. L. 86–354, § 1, Sept. 22, 1959, 73 Stat. 632; Pub. L. 88–353, § 2, July 2, 1964, 78 Stat. 269; Pub. L. 91–206, § 2(3), Mar. 10, 1970, 84 Stat. 49; renumbered title I, § 111, Pub. L. 91–468, § 1(2), Oct. 19, 1970, 84 Stat. 994; amended Pub. L. 93–495, title I, § 116, Oct. 28, 1974, 88 Stat. 1507; Pub. L. 95–630, title V, § 502(b), Nov. 10, 1978, 92 Stat. 3681; Pub. L. 97–320, title V, § 520, Oct. 15, 1982, 96 Stat. 1531.) Editorial Notes AMENDMENTS 1982—Pub. L. 97–320 substituted provisions divided into subsecs. (a), (b), and (c) relating to the manage- ment of a Federal credit union, including the board of directors, credit and supervisory committees, and the matter of their compensation, for provisions which read as follows: ‘‘The business affairs of a Federal cred- it union shall be managed by a board of not less than five directors, and a credit committee of not less than three members, all to be elected at the annual mem- bers’ meeting by and from the members, and by a su- pervisory committee of not less than three members nor more than five members, one of whom may be a di- rector other than the treasurer, to be appointed by the board. Any vacancy occurring in the supervisory com- mittee shall be filled in the same manner as original appointments to such committee. All members of the board and of such committees shall hold office for such terms, respectively, as the bylaws may provide. A record of the names and addresses of the members of the board and such committees and of the officers of the credit union shall be filed with the Administration within ten days after their election or appointment. No member of the board or of either such committee shall, as such, be compensated: Provided, however, That rea- sonable health, accident, and similar insurance protec- tion shall not be considered compensation under regu- lations promulgated by the Board.’’

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1759 — Limitation on member business loans

**(a) In general** On and after August 7, 1998, no insured credit union may make any member business loan that would result in a total amount of such loans outstanding at that credit union at any one time equal to more than the lesser of— (1) 1.75 times the actual net worth of the credit union; or (2) 1.75 times the minimum net worth required under [section 1790d(c)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1790d/c/1/A&num=0&edition=prelim) for a credit union to be well capitalized. **(b) Exceptions** Subsection (a) does not apply in the case of— (1) an insured credit union chartered for the purpose of making, or that has a history of primarily making, member business loans to its members, as determined by the Board; or (2) an insured credit union that— (A) serves predominantly low-income members, as defined by the Board; or (B) is a community development financial institution, as defined in [section 4702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4702&num=0&edition=prelim). **(c) Definitions** As used in this section— (1) the term “member business loan”— (A) means any loan, line of credit, or letter of credit, the proceeds of which will be used for a commercial, corporate or other business investment property or venture, or agricultural purpose; and (B) does not include an extension of credit— (i) that is fully secured by a lien on a 1- to 4-family dwelling; (ii) that is fully secured by shares in the credit union making the extension of credit or deposits in other financial institutions; (iii) that is described in subparagraph (A), if it was made to a borrower or an associated member that has a total of all such extensions of credit

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1759 — Membership

Page 866 TITLE 12—BANKS AND BANKING § 1758 (iv) the repayment of which is fully in- sured or fully guaranteed by, or where there is an advance commitment to pur- chase in full by, any agency of the Federal Government or of a State, or any political subdivision thereof; or (v) that is granted by a corporate credit union (as that term is defined by the Board) to another credit union. (2) the term ‘‘net worth’’— (A) with respect to any insured credit union, means the credit union’s retained earnings balance, as determined under gen- erally accepted accounting principles; and (B) with respect to a credit union that serves predominantly low-income members, as defined by the Board, includes secondary capital accounts that are— (i) uninsured; and (ii) subordinate to all other claims against the credit union, including the claims of creditors, shareholders, and the Fund; and (3) the term ‘‘associated member’’ means any member having a shared ownership, in- vestment, or other pecuniary interest in a business or commercial endeavor with the bor- rower. (d) Effect on existing loans An insured credit union that has, on August 7, 1998, a total amount of outstanding member business loans that exceeds the amount per- mitted under subsection (a) shall, not later than 3 years after August 7, 1998, reduce the total amount of outstanding member business loans to an amount that is not greater than the amount permitted under subsection (a). (e) Consultation and cooperation with State credit union supervisors In implementing this section, the Board shall consult and seek to work cooperatively with State officials having jurisdiction over State- chartered insured credit unions. (June 26, 1934, ch. 750, title I, § 107A, as added Pub. L. 105–219, title II, § 203

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1760 — Bylaws

In order to simplify the organization of Federal credit unions the Board shall from time to time cause to be prepared a form of organization certificate and a form of bylaws, consistent with this chapter, which shall be used by Federal credit union incorporators, and shall be supplied to them on request. At the time of presenting the organization certificate the incorporators shall also submit proposed bylaws to the Board for its approval.

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