12 U.S.C. § 1757 — Powers

Page 860 TITLE 12—BANKS AND BANKING § 1756 § 1756. Reports and examinations Federal credit unions shall be under the super- vision of the Board, and shall make financial re- ports to it as and when it may require, but at least annually. Each Federal credit union shall be subject to examination by, and for this pur- pose shall make its books and records accessible to, any person designated by the Board. (June 26, 1934, ch. 750, title I, § 106, formerly § 6, 48 Stat. 1218; Dec. 6, 1937, ch. 3, § 1, 51 Stat. 4; 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; renumbered § 7 and amended Pub. L. 86–354, § 1, Sept. 22, 1959, 73 Stat. 629; Pub. L. 91–206, § 2(1), Mar. 10, 1970, 84 Stat. 49; renum- bered title I, § 106, Pub. L. 91–468, § 1(2), Oct. 19, 1970, 84 Stat. 994; amended Pub. L. 95–630, title V, § 508, Nov. 10, 1978, 92 Stat. 3683.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–630 substituted ‘‘Board’’ for ‘‘Admin- istrator’’ in two places and ‘‘reports to it as and when it’’ for ‘‘reports to him as and when he’’ and struck out provisions relating to the payment of an examination fee by Federal credit unions and the deposit of such fee to the credit of the special fund created by section 1755 of this title. 1970—Pub. L. 91–206 substituted ‘‘Administrator’’ for ‘‘Director’’ in three places. 1959—Pub. L. 86–354 provided for the making of re- ports to the Director as and when he may require. 1937—Act Dec. 6, 1937, inserted ‘‘giving due consider- ation to the time and expense incident to such exami- nations, and to the ability of Federal credit unions to pay such fees’’ and struck out proviso relating to condi- tions relieving certain unions from payment of exam- ination fee. 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. Executive Documents TRANSFER OF FUNCTIONS Transfer of functions of Farm Credit Administration and Governor thereof, generally, see notes set out under section 1751 of this title. Functions of Governor of Farm Credit Administra- tion under this section transferred to Federal Deposit Insurance Corporation by Reorg. Plan No. 1 of 1947. § 1756a. Omitted Editorial Notes CODIFICATION Section, act July 22, 1942, ch. 516, 56 Stat. 700, which authorized reimbursement of Farm Credit Administra- tion personnel for use of private automobiles for exam- ining, supervising, and servicing Federal credit unions, was from the Department of Agriculture Appropriation Act, 1943, and was not repeated in subsequent appro- priation acts. Similar provisions were contained in act July 1, 1941, ch. 267, 55 Stat. 444, the Department of Ag- riculture Appropriation Act, 1942. § 1757. Powers A Federal credit union shall have succession in its corporate name during its existence and shall have power— (1) to make contracts; (2) to sue and be sued; (3) to adopt and use a common seal and alter the same at pleasure; (4) to purchase, hold, and dispose of property necessary or incidental to its operations; (5) to make loans, the maturities of which shall not exceed 15 years, except as otherwise provided herein, and extend lines of credit to its members, to other credit unions, and to credit union organizations and to participate with other credit unions, credit union organi- zations, or financial organizations in making loans to credit union members in accordance with the following: (A) Loans to members shall be made in conformity with criteria established by the board of directors: Provided, That— (i) a residential real estate loan on a one-to-four-family dwelling, including an individual cooperative unit, that is or will be the principal residence of a credit union member, and which is secured by a first lien upon such dwelling, may have a matu- rity not exceeding thirty years or such other limits as shall be set by the National Credit Union Administration Board (ex- cept that a loan on an individual coopera- tive unit shall be adequately secured as de- fined by the Board), subject to the rules and regulations of the Board; (ii) a loan to finance the purchase of a mobile home, which shall be secured by a first lien on such mobile home, to be used by the credit union member as his resi- dence, a loan for the repair, alteration, or improvement of a residential dwelling which is the residence of a credit union member, or a second mortgage loan se- cured by a residential dwelling which is the residence of a credit union member, shall have a maturity not to exceed 15 years or any longer term which the Board may allow; (iii) a loan secured by the insurance or guarantee of, or with advance commit- ment to purchase the loan by, the Federal Government, a State government, or any agency of either may be made for the ma- turity and under the terms and conditions specified in the law under which such in- surance, guarantee, or commitment is pro- vided; (iv) a loan or aggregate of loans to a di- rector or member of the supervisory or credit committee of the credit union mak- ing the loan which exceeds $20,000 plus pledged shares, be approved by the board of directors; (v) loans to other members for which di- rectors or members of the supervisory or credit committee act as guarantor or en- dorser be approved by the board of direc- tors when such loans standing alone or when added to any outstanding loan or loans of the guarantor or endorser exceeds $20,000; (vi) the rate of interest may not exceed 15 per centum per annum on the unpaid balance inclusive of all finance charges, except that the Board may establish— Page 861 TITLE 12—BANKS AND BANKING § 1757 1 So in original. Probably should be followed by ‘‘and’’. (I) after consultation with the appro- priate committees of the Congress, the Department of Treasury, and the Federal financial institution regulatory agen- cies, an interest rate ceiling exceeding such 15 per centum per annum rate, for periods not to exceed 18 months, if it de- termines that money market interest rates have risen over the preceding six- month period and that prevailing inter- est rate levels threaten the safety and soundness of individual credit unions as evidenced by adverse trends in liquidity, capital, earnings, and growth; and (II) a higher interest rate ceiling for Agent members of the Central Liquidity Facility in carrying out the provisions of subchapter III for such periods as the Board may authorize; (vii) the taking, receiving, reserving, or charging of a rate of interest greater than is allowed by this paragraph, when know- ingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon. If such greater rate of interest has been paid, the person by whom it has been paid, or his legal representatives, may recover back from the credit union taking or re- ceiving the same, in an action in the na- ture of an action of debt, the entire amount of interest paid; but such action must be commenced within two years from the time the usurious collection was made; (viii) a borrower may repay his loan, prior to maturity in whole or in part on any business day without penalty, except that on a first or second mortgage loan a Federal credit union may require that any partial prepayments (I) be made on the date monthly installments are due, and (II) be in the amount of that part of one or more monthly installments which would be applicable to principal; (ix) loans shall be paid or amortized in accordance with rules and regulations pre- scribed by the Board after taking into ac- count the needs or conditions of the bor- rowers, the amounts and duration of the loans, the interests of the members and the credit unions, and such other factors as the Board deems relevant; 1 (x) loans must be approved by the credit committee or a loan officer, but no loan may be made to any member if, upon the making of that loan, the member would be indebted to the Federal credit union upon loans made to him in an aggregate amount which would exceed 10 per centum of the credit union’s unimpaired capital and sur- plus. (B) A self-replenishing line of credit to a borrower may be established to a stated maximum amount on certain terms and con- ditions which may be different from the terms and conditions established for another borrower. (C) Loans to other credit unions shall be approved by the board of directors. (D) Loans to credit union organizations shall be approved by the board of directors and shall not exceed 1 per centum of the paid-in and unimpaired capital and surplus of the credit union. A credit union organiza- tion means any organization as determined by the Board, which is established primarily to serve the needs of its member credit unions, and whose business relates to the daily operations of the credit unions they serve. (E) Participation loans with other credit unions, credit union organizations, or finan- cial organizations shall be in accordance with written policies of the board of direc- tors: Provided, That a credit union which originates a loan for which participation ar- rangements are made in accordance with this subsection shall retain an interest of at least 10 per centum of the face amount of the loan; (6) to receive from its members, from other credit unions, from an officer, employee, or agent of those nonmember units of Federal, Indian tribal, State, or local governments and political subdivisions thereof enumerated in section 1787 of this title and in the manner so prescribed, from the Central Liquidity Facil- ity, and from nonmembers in the case of credit unions serving predominately low-income members (as defined by the Board) payments, representing equity, on— (A) shares which may be issued at varying dividend rates; (B) share certificates which may be issued at varying dividend rates and maturities; and (C) share draft accounts authorized under section 1785(f) of this title; subject to such terms, rates, and conditions as may be established by the board of directors, within limitations prescribed by the Board; (7) to invest its funds (A) in loans exclu- sively to members; (B) in obligations of the United States of America, or securities fully guaranteed as to principal and interest there- by; (C) in accordance with rules and regula- tions prescribed by the Board, in loans to other credit unions in the total amount not exceeding 25 per centum of its paid-in and unimpaired capital and surplus; (D) in shares or accounts of savings and loan associations or mutual savings banks, the accounts of which are insured by the Federal Deposit Insurance Corporation; (E) in obligations issued by banks for cooperatives, Federal land banks, Federal intermediate credit banks, Federal home loan banks, the Federal Housing Fi- nance Board, or any corporation designated in section 9101(3) of title 31 as a wholly owned Government corporation; or in obligations, participations, or other instruments of or issued by, or fully guaranteed as to principal and interest by, the Federal National Mort- gage Association or the Government National Mortgage Association; or in mortgages, obli- gations, or other securities which are or ever have been sold by the Federal Home Loan Page 862 TITLE 12—BANKS AND BANKING § 1757 2 See References in Text note below. Mortgage Corporation pursuant to section 1454 or 1455 of this title; or in obligations or other instruments or securities of the Student Loan Marketing Association; or in obligations, par- ticipations, securities, or other instruments of, or issued by, or fully guaranteed as to prin- cipal and interest by any other agency of the United States and a Federal credit union may issue and sell securities which are guaranteed pursuant to section 1721(g) of this title; (F) in participation certificates evidencing beneficial interests in obligations, or in the right to re- ceive interest and principal collections there- from, which obligations have been subjected by one or more Government agencies to a trust or trusts for which any executive depart- ment, agency, or instrumentality of the United States (or the head thereof) has been named to act as trustee; (G) in shares or de- posits of any central credit union in which such investments are specifically authorized by the board of directors of the Federal credit union making the investment; (H) in shares, share certificates, or share deposits of feder- ally insured credit unions; (I) in the shares, stocks, or obligations of any other organiza- tion, providing services which are associated with the routine operations of credit unions, up to 1 per centum of the total paid in and unimpaired capital and surplus of the credit union with the approval of the Board: Pro- vided, however, That such authority does not include the power to acquire control directly or indirectly, of another financial institution, nor invest in shares, stocks or obligations of an insurance company, trade association, li- quidity facility or any other similar organiza- tion, corporation, or association, except as otherwise expressly provided by this chapter; (J) in the capital stock of the National Credit Union Central Liquidity Facility; (K) invest- ments in obligations of, or issued by, any State or political subdivision thereof (includ- ing any agency, corporation, or instrumen- tality of a State or political subdivision), ex- cept that no credit union may invest more than 10 per centum of its unimpaired capital and surplus in the obligations of any one issuer (exclusive of general obligations of the issuer); (8) to make deposits in national banks and in State banks, trust companies, and mutual savings banks operating in accordance with the laws of the State in which the Federal credit union does business, or in banks or in- stitutions the accounts of which are insured by the Federal Deposit Insurance Corporation, and for Federal credit unions or credit unions authorized by the Department of Defense oper- ating suboffices on American military instal- lations in foreign countries or trust territories of the United States to maintain demand de- posit accounts in banks located in those coun- tries or trust territories, subject to such regu- lations as may be issued by the Board and pro- vided such banks are correspondents of banks described in this paragraph; (9) to borrow, in accordance with such rules and regulations as may be prescribed by the Board, from any source, in an aggregate amount not exceeding, except as authorized by the Board in carrying out the provisions of subchapter III, 50 per centum of its paid-in and unimpaired capital and surplus: Provided, That any Federal credit union may discount with or sell to any Federal intermediate credit bank any eligible obligations up to the amount of its paid-in and unimpaired capital; (10) to levy late charges, in accordance with the bylaws, for failure of members to meet promptly their obligations to the Federal credit union; (11) to impress and enforce a lien upon the shares and dividends of any member, to the ex- tent of any loan made to him and any dues or charges payable by him; (12) in accordance with regulations pre- scribed by the Board— (A) to sell, to persons in the field of mem- bership, negotiable checks (including trav- elers checks), money orders, and other simi- lar money transfer instruments (including international and domestic electronic fund transfers and remittance transfers, as de- fined in section 1693o–1 of title 15); and (B) to cash checks and money orders for persons in the field of membership for a fee; (13) in accordance with rules and regulations prescribed by the Board, to purchase, sell, pledge, or discount or otherwise receive or dis- pose of, in whole or in part, any eligible obli- gations (as defined by the Board) of its mem- bers and to purchase from any liquidating credit union notes made by individual mem- bers of the liquidating credit union at such prices as may be agreed upon by the board of directors of the liquidating credit union and the board of directors of the purchasing credit union, but no purchase may be made under au- thority of this paragraph if, upon the making of that purchase, the aggregate of the unpaid balances of notes purchased under authority of this paragraph would exceed 5 per centum of the unimpaired capital and surplus of the credit union; (14) to sell all or a part of its assets to an- other credit union, to purchase all or part of the assets of another credit union and to as- sume the liabilities of the selling credit union and those of its members subject to regula- tions of the Board; (15) to invest in securities that— (A) are offered and sold pursuant to sec- tion 77d(5) of title 15; 2 (B) are mortgage related securities (as that term is defined in section 78c(a)(41) of title 15), subject to such regulations as the Board may prescribe, including regulations prescribing minimum size of the issue (at the time of initial distribution) or minimum aggregate sales prices, or both; or (C) are small business related securities (as defined in section 78c(a)(53) of title 15), subject to such regulations as the Board may prescribe, including regulations pre- scribing the minimum size of the issue (at the time of the initial distribution), the minimum aggregate sales price, or both; Page 863 TITLE 12—BANKS AND BANKING § 1757 (16) subject to such regulations as the Board may prescribe, to provide technical assistance to credit unions in Poland and Hungary; and (17) to exercise such incidental powers as shall be necessary or requisite to enable it to carry on effectively the business for which it is incorporated. (June 26, 1934, ch. 750, title I, § 107, formerly § 7, 48 Stat. 1218; Dec. 6, 1937, ch. 3, § 2, 51 Stat. 4; July 31, 1946, ch. 711, § 1, 60 Stat. 744; 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, § 1, 63 Stat. 890; May 13, 1952, ch. 264, 66 Stat. 70; renumbered § 8 and amended Pub. L. 86–354, § 1, Sept. 22, 1959, 73 Stat. 630; Pub. L. 88–353, § 1, July 2, 1964, 78 Stat. 269; Pub. L. 89–429, § 7, May 24, 1966, 80 Stat. 167; Pub. L. 90–44, §§ 2, 3, July 3, 1967, 81 Stat. 110, 111; Pub. L. 90–375, § 1(1)–(3), July 5, 1968, 82 Stat. 284; Pub. L. 90–448, title VIII, § 807(n), Aug. 1, 1968, 82 Stat. 545; Pub. L. 91–206, § 2(1), Mar. 10, 1970, 84 Stat. 49; renumbered title I, § 107, and amended Pub. L. 91–468, §§ 1(2), 10, Oct. 19, 1970, 84 Stat. 994, 1017; Pub. L. 92–318, title I, § 133(c)(4), June 23, 1972, 86 Stat. 270; Pub. L. 93–383, title VII, § 721, title VIII, § 805(c)(5), Aug. 22, 1974, 88 Stat. 719, 727; Pub. L. 93–495, title I, § 101(d), Oct. 28, 1974, 88 Stat. 1502; Pub. L. 93–569, § 6, Dec. 31, 1974, 88 Stat. 1866; Pub. L. 95–22, title III, §§ 302, 303, Apr. 19, 1977, 91 Stat. 49, 51; Pub. L. 95–630, title V, § 502(b), title XVIII, § 1803, Nov. 10, 1978, 92 Stat. 3681, 3723; Pub. L. 96–153, title III, § 323(d), Dec. 21, 1979, 93 Stat. 1120; Pub. L. 96–161, title I, § 103(b), Dec. 28, 1979, 93 Stat. 1234; Pub. L. 96–221, title III, §§ 305(b), 307, 309(a)(1), 310, Mar. 31, 1980, 94 Stat. 146–149; Pub. L. 97–320, title V, §§ 506–514, 516–518, Oct. 15, 1982, 96 Stat. 1528–1530; Pub. L. 97–457, §§ 25, 26, Jan. 12, 1983, 96 Stat. 2510; Pub. L. 98–440, title I, § 105(b), Oct. 3, 1984, 98 Stat. 1691; Pub. L. 98–479, title II, § 206, Oct. 17, 1984, 98 Stat. 2234; Pub. L. 100–86, title VII, §§ 702, 703, Aug. 10, 1987, 101 Stat. 652; Pub. L. 101–179, title II, § 206(b), Nov. 28, 1989, 103 Stat. 1311; Pub. L. 103–325, title II, § 206(b), Sept. 23, 1994, 108 Stat. 2199; Pub. L. 104–208, div. A, title II, § 2306, Sept. 30, 1996, 110 Stat. 3009–426; Pub. L. 109–351, title V, §§ 502, 503, title VII, § 726(3)–(8), Oct. 13, 2006, 120 Stat. 1975, 2002; Pub. L. 111–203, title III, § 362(1), title X, § 1073(d), July 21, 2010, 124 Stat. 1549, 2066.) Editorial Notes REFERENCES IN TEXT Section 77d(5) of title 15, referred to in par. (15)(A), was redesignated section 77d(a)(5) of Title 15, Com- merce and Trade, by Pub. L. 112–106, title II, § 201(b)(1), (c)(1), Apr. 5, 2012, 126 Stat. 314. CODIFICATION In par. (7), ‘‘section 9101(3) of title 31’’ substituted for ‘‘section 101 of the Government Corporation Control Act [31 U.S.C. 846]’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. AMENDMENTS 2010—Par. (8). Pub. L. 111–203, § 362(1), struck out ‘‘or the Federal Savings and Loan Insurance Corporation’’ after ‘‘Federal Deposit Insurance Corporation’’. Par. (12). Pub. L. 111–203, § 1073(d), amended par. (12) generally. Prior to amendment, par. (12) read as fol- lows: ‘‘in accordance with regulations prescribed by the Board— ‘‘(A) to sell, to persons in the field of membership, negotiable checks (including travelers checks), money orders, and other similar money transfer in- struments (including international and domestic electronic fund transfers); and ‘‘(B) to cash checks and money orders and receive international and domestic electronic fund transfers for persons in the field of membership for a fee;’’. 2006—Par. (5). Pub. L. 109–351, § 502, substituted ‘‘to make loans, the maturities of which shall not exceed 15 years,’’ for ‘‘to make loans, the maturities of which shall not exceed twelve years’’ in introductory provi- sions. Par. (5)(E). Pub. L. 109–351, § 726(3), substituted semi- colon for period at end. Par. (6). Pub. L. 109–351, § 726(4), substituted semicolon for period at end. Par. (7). Pub. L. 109–351, § 726(4), substituted semicolon for period at end. Par. (7)(D). Pub. L. 109–351, § 726(5), struck out ‘‘the Federal Savings and Loan Insurance Corporation or’’ before ‘‘the Federal Deposit Insurance Corporation’’. Par. (7)(E). Pub. L. 109–351, § 726(6), substituted ‘‘the Federal Housing Finance Board,’’ for ‘‘the Federal Home Loan Bank Board,’’. Par. (9). Pub. L. 109–351, § 726(7), made technical amendment to reference in original act which appears in text as reference to subchapter III. Par. (12). Pub. L. 109–351, § 503, amended par. (12) gen- erally. Prior to amendment, par. (12) read as follows: ‘‘in accordance with rules and regulations prescribed by the Board, to sell to members negotiable checks (in- cluding travelers checks), money orders, and other similar money transfer instruments, and to cash checks and money orders for members, for a fee;’’. Par. (13). Pub. L. 109–351, § 726(8), struck out ‘‘and’’ after semicolon at end. 1996—Par. (5)(A)(iv), (v). Pub. L. 104–208 substituted ‘‘$20,000’’ for ‘‘$10,000’’. 1994—Par. (15)(C). Pub. L. 103–325 added subpar. (C). 1989—Pars. (16), (17). Pub. L. 101–179 added par. (16) and redesignated former par. (16) as (17). 1987—Par. (5)(A)(ii). Pub. L. 100–86, § 702, substituted ‘‘15 years or any longer term which the Board may allow’’ for ‘‘fifteen years unless such loan is insured or guaranteed as provided in subparagraph (iii)’’. Par. (6). Pub. L. 100–86, § 703, inserted ‘‘, representing equity,’’ after ‘‘payments’’. 1984—Par. (5)(A)(ii). Pub. L. 98–479 inserted ‘‘a loan for the repair, alteration, or improvement of a residen- tial dwelling which is the residence of a credit union member,’’. Pars. (15), (16). Pub. L. 98–440, § 105(b), added par. (15) and redesignated former par. (15) as (16). 1983—Par. (5)(A)(i). Pub. L. 97–457, § 25, substituted ‘‘Administration’’ for ‘‘Association’’ after ‘‘National Credit Union’’. Par. (7)(K). Pub. L. 97–457, § 26, redesignated cl. (L) as (K) and substituted a period for ‘‘; and’’ at end. 1982—Par. (5)(A)(i). Pub. L. 97–320, §§ 507–509, sub- stituted ‘‘on’’ for ‘‘which is made to finance the acqui- sition of’’ after ‘‘real estate loan’’ and ‘‘that is or will be’’ for ‘‘for’’ after ‘‘cooperative unit,’’, struck out ‘‘the sales price of which is not more than 150 per centum of the median sales price of residential real property situ- ated in the geographical area (as determined by the board of directors) in which the property is located,’’ after ‘‘credit union member’’, and inserted ‘‘or such other limits as shall be set by the National Credit Union Association Board’’ after ‘‘not exceeding thirty years’’. Par. (5)(A)(ii). Pub. L. 97–320, § 510, substituted ‘‘or a second mortgage loan secured by a residential dwell- ing’’ for ‘‘or for the repair, alteration, or improvement of a residential dwelling’’. Par. (5)(A)(iii). Pub. L. 97–320, § 511, inserted ‘‘, or with advance commitment to purchase the loan by,’’ and substituted ‘‘insurance, guarantee, or commit- ment’’ for ‘‘insurance or guarantee’’. Page 864 TITLE 12—BANKS AND BANKING § 1757 Par. (5)(A)(iv), (v). Pub. L. 97–320, § 512, substituted ‘‘$10,000’’ for ‘‘$5,000’’. Par. (5)(A)(viii). Pub. L. 97–320, § 513, inserted condi- tion relating to partial prepayments of first or second mortgage loans. Par. (5)(A)(x). Pub. L. 97–320, § 506, added cl. (x). Par. (7)(E). Pub. L. 97–320, § 516, inserted provisions re- lating to instruments issued or guaranteed by any other agency of the United States, and that a Federal Credit Union may issue and sell securities which are guaranteed pursuant to section 1721(g) of this title. Par. (7)(L). Pub. L. 97–320, § 514, added cl. (L). Par. (8). Pub. L. 97–320, § 517, inserted ‘‘or in banks or institutions the accounts of which are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation,’’ after ‘‘in which the Federal Credit Union does business,’’. Par. (12). Pub. L. 97–320, § 518, substituted ‘‘, money orders, and other similar money transfer instruments’’ for ‘‘and money orders’’, and struck out ‘‘which does not exceed the direct and indirect costs incident to pro- viding such service’’ after ‘‘for a fee’’. 1980—Par. (5)(A)(i). Pub. L. 96–221, § 309(a)(1), inserted provisions relating to an individual cooperative unit. Par. (5)(A)(vi). Pub. L. 96–221, § 310, substituted provi- sions setting forth maximum interest rate of 15 per centum per annum, subject to specified exceptions, for provisions setting forth a maximum interest rate of 1 per centum per month. Par. (6). Pub. L. 96–221, §§ 305(b), 307, revised existing provisions respecting credit unions serving predomi- nately low-income members including provisions added by Pub. L. 96–161, and repealed the amendment made by Pub. L. 96–161. See Repeals and Effective Date of 1980 Amendment notes below. 1979—Par. (6). Pub. L. 96–161 inserted ‘‘, and to issue, deal in, and accept share drafts as orders of withdrawal against shares, subject to such terms, rates, and condi- tions as may be prescribed by the Board’’ after ‘‘within limitations prescribed by the Board’’. Pub. L. 96–153 substituted ‘‘Federal, Indian tribal, State’’ for ‘‘Federal, State’’. 1978—Par. (5). Pub. L. 95–630, § 502(b), substituted ‘‘Board’’ for ‘‘Administrator’’ wherever appearing. Par. (6). Pub. L. 95–630, §§ 502(b), 1803(a), inserted ‘‘from the Central Liquidity Facility,’’ after ‘‘in the manner so prescribed,’’ and substituted ‘‘Board’’ for ‘‘Administrator’’ in two places. Par. (7). Pub. L. 95–630, §§ 502(b), 1803(b), substituted ‘‘Board’’ for ‘‘Administrator’’ wherever appearing and added cl. (J). Par. (8). Pub. L. 95–630, § 502(b), substituted ‘‘Board’’ for ‘‘Administrator’’. Par. (9). Pub. L. 95–630, §§ 502(b), 1803(c), substituted ‘‘Board’’ for ‘‘Administrator’’ and inserted ‘‘, except as authorized by the Board in carrying out the provisions of subchapter III,’’ after ‘‘amount not exceeding’’. Pars. (12) to (14). Pub. L. 95–630, § 502(b), substituted ‘‘Board’’ for ‘‘Administrator’’ wherever appearing. 1977—Par. (5). Pub. L. 95–22, § 302(a), among other changes, inserted provisions permitting Federal credit unions to establish lines of credit for their members, to raise the maximum loan maturity for most loans to twelve years, and to make loans secured by a first lien and made for the purchase of a one-to-four-family dwelling for the principal residence of a credit union member. Par. (6). Pub. L. 95–22, §§ 302(b), 303(a), redesignated par. (7) as (6) and substituted reference to payments on shares which may be issued at varying dividend rates and payments on share certificates which may be issued at varying dividend rates and maturities, subject to such terms, rates, and conditions as may be estab- lished by the board of directors, within limitations pre- scribed by the Administrator for reference to payments on shares, share certificates, or share deposits. Former par. (6), relating to the power of Federal credit unions to make loans to its own directors and to its own super- visory credit committee, was struck out. Par. (7). Pub. L. 95–22, § 303(b), redesignated par. (8) as (7) and added subpar. (I). Former par. (7) redesignated (6). Pars. (8) to (12). Pub. L. 95–22, § 303(c), redesignated pars. (9) to (13) as (8) to (12), respectively. Former par. (8) redesignated (7). Par. (13). Pub. L. 95–22, § 303(c), (d), redesignated par. (14) as (13) and inserted reference to purchase, sell, pledge, or discount or otherwise receive or dispose of, in whole or in part, any eligible obligations (as defined by the Administrator) of its members. Former par. (13) redesignated (12). Par. (14). Pub. L. 95–22, § 303(e), added par. (14). 1974—Par. (5). Pub. L. 93–569 inserted ‘‘except that loans made in accordance with section 1703(b) of this title and section 1819 of title 38, may be for the matu- rities specified therein,’’ after ‘‘ten years’’. Par. (6). Pub. L. 93–383, § 721(a), substituted provisions relating to approval of loans by the board of directors for provisions requiring annual reports to the Adminis- trator with respect to loans and setting forth condi- tions for the making of loans. Par. (7). Pub. L. 93–495 inserted provisions relating to receipt of payments of shares, etc., from officers, em- ployees, or agents of nonmember units of Federal, State, or local governments and political subdivisions enumerated in section 1787 of this title. Par. (8)(E). Pub. L. 93–383, § 805(c)(5), inserted ref- erence to mortgages, obligations, or other securities sold by the Federal Home Loan Mortgage Corporation pursuant to section 1454 or 1455 of this title. Par. (9). Pub. L. 93–383, § 721(b), inserted provisions re- lating to Federal credit unions or credit unions author- ized by the Department of Defense. 1972—Par. (8)(E). Pub. L. 92–318 authorized invest- ments in obligations or other instruments or securities of the Student Loan Marketing Association. 1970—Pars. (5), (6), (8), (10), (13), (14), Pub. L. 91–206 substituted ‘‘Administrator’’ for ‘‘Director’’ wherever appearing. Par. (7). Pub. L. 91–468, § 10(1), permitted a Federal credit union to not only receive from members but also from other federally insured credit unions, payments on shares as well as share certificates or share deposits and, in the case of credit unions serving predominantly low-income members, to receive payments on shares, share certificates or share deposits from nonmembers. Par. (8). Pub. L. 91–468, § 10(2), authorized a Federal credit union to invest in shares, share certificates or share deposits of federally insured credit unions. 1968—Par. (5). Pub. L. 90–375, § 1(1), substituted provi- sions authorizing Federal credit unions to make unse- cured loans with maturities not exceeding five years, and secured loans with maturities not exceeding ten years for provisions authorizing federal credit unions to make loans with maturities not exceeding five years. Par. (8). Pub. L. 90–448 authorized investments in ob- ligations, participations, or other instruments of or issued by, or guaranteed as to principal and interest by, the Government National Mortgage Association. Pub. L. 90–375, § 1(2), added cl. (G). Pars. (14), (15). Pub. L. 90–375, § 1(3), added par. (14) and redesignated former par. (14) as (15). 1967—Par. (5). Pub. L. 90–44, § 2(1), substituted ‘‘may be made except as authorized under paragraph (6) of this section’’ for ‘‘shall exceed the amount of his hold- ings in the Federal Credit Union as represented by shares thereof plus the total unencumbered and unpledged shareholdings in the Federal Credit Union of any member pledged as security for the obligation of such director or committee member’’. Pars. (6), (7). Pub. L. 90–44, § 2(3), added par. (6) and re- designated former pars. (6) and (7) as (7) and (8), respec- tively. Pars. (8) to (14). Pub. L. 90–44, §§ 2(2), (3), redesignated former par. (7) as (8), authorized in cl. (D) investment of funds in shares or accounts of mutual savings banks, the accounts of which are insured by the Federal De- posit Insurance Corporation, and redesignated former pars. (8) to (13) as (9) to (14), respectively. 1966—Par. (7). Pub. L. 89–429 expanded list of possible areas of investment of funds by Federal credit unions Page 865 TITLE 12—BANKS AND BANKING § 1757a to include obligations, participations, or other instru- ments of or issued by, or fully guaranteed as to prin- cipal and interest by, the Federal National Mortgage Association and participation certificates evidencing beneficial interests in obligations, or in the right to re- ceive interest and principal collections therefrom, which obligations have been subjected by one or more Government agencies to a trust or trusts for which any executive department, agency, or instrumentality of the United States (or the head thereof) has been named to act as trustee. 1964—Par. (7)(E). Pub. L. 88–353 added cl. (E). 1959—Pub. L. 86–354 made numerous capitalization, punctuation and phraseological changes throughout text; increased maturities limits for loans from three to five years, authorized approval of loans by a loan of- ficer and authorized loans in an amount which shall in- clude total unencumbered and unpledged shareholdings in the Federal credit union of any member pledged as security for the obligation of the director or committee member, provided for payment and amortization of loans, redesignated provisions (a) to (d) as (A) to (D) in par. (7), substituted ‘‘levy late charges’’ for ‘‘fine mem- bers’’ and inserted ‘‘of members’’ in par. (10), sub- stituted ‘‘charges’’ for ‘‘fines’’ in par. (11), added par. (12); and redesignated former par. (12) as par. (13). 1952—Par. (7)(d). Act May 13, 1952, authorized invest- ment of funds in shares or accounts of any other insti- tutions whose accounts are insured by the Federal Sav- ings and Loan Insurance Corporation. 1949—Par. (5). Act Oct. 25, 1949, increased from 2 years to 3 years the limit for maturity of loans. 1946—Par. (5). Act July 31, 1946, inserted last two sen- tences to provide for the forfeiture of the entire amount of interest reserved and for the recovery of the entire amount of interest paid for the violation of the interest limitation. 1937—Par. (7)(c), (d). Act Dec. 6, 1937, added cls. (c) and (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by section 362(1) of Pub. L. 111–203 effec- tive on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress. Amendment by section 1073(d) of Pub. L. 111–203 effec- tive 1 day after July 21, 2010, except as otherwise pro- vided, see section 4 of Pub. L. 111–203, set out as an Ef- fective Date note under section 5301 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 305(b) of Pub. L. 96–221 effec- tive at close of Mar. 31, 1980, see section 306 of Pub. L. 96–221, set out as a note under section 1464 of this title. EFFECTIVE AND TERMINATION DATES OF 1979 AMENDMENTS Amendment by Pub. L. 96–161 effective Dec. 31, 1979, with that amendment to remain in effect until the close of Mar. 31, 1980, see section 104 of Pub. L. 96–161, formerly set out as a note under section 371a of this title. Pub. L. 96–153, title III, § 323(e), Dec. 21, 1979, 93 Stat. 1120, provided that: ‘‘The amendments made by sub- sections (a) through (d) [amending this section and sec- tions 1728, 1787, and 1821 of this title] are not applicable to any claim arising out of the closing of a bank, sav- ings and loan association, or credit union prior to the date of enactment of this Act [Dec. 21, 1979], but shall be applicable to any such claim arising on or after such date.’’ EFFECTIVE DATE OF 1978 AMENDMENT Amendment by section 502(b) of Pub. L. 95–630 effec- tive on expiration of 120 days after Nov. 10, 1978, and transitional provisions, see section 509 of Pub. L. 95–630, set out as a note under section 1752 of this title. Amendment by section 1803 of Pub. L. 95–630 effective Oct. 1, 1979, see section 1806 of Pub. L. 95–630, set out as an Effective Date note under section 1795 of this title. EFFECTIVE DATE OF 1974 AMENDMENTS Amendment by Pub. L. 93–569 effective Dec. 31, 1974, see section 10 of Pub. L. 93–569, set out as a note under section 3702 of Title 38, Veterans’ Benefits. Amendment by Pub. L. 93–495 effective on 30th day beginning after Oct. 28, 1974, see section 101(g) of Pub. L. 93–495, set out as a note under section 1813 of this title. EFFECTIVE DATE OF 1968 AMENDMENT For effective date of amendment by title VIII of Pub. L. 90–448, see section 808 of Pub. L. 90–448, set out as a note under section 1716b of this title. REPEALS Amendment by section 103 of Pub. L. 96–161, cited as a credit to this section, was repealed at the close of Mar. 31, 1980, by section 307 of Pub. L. 96–221, and sub- stantially identical provisions were enacted by section 305 of Pub. L. 96–221, such amendments to take effect at the close of Mar. 31, 1980. § 1757a. 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 re- quired under section 1790d(c)(1)(A) of this title 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. (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 busi- ness investment property or venture, or ag- ricultural purpose; and (B) does not include an extension of cred- it— (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 cred- it or deposits in other financial institu- tions; (iii) that is described in subparagraph (A), if it was made to a borrower or an as- sociated member that has a total of all such extensions of credit in an amount equal to less than $50,000;