§1757a — Title 12 Banks and Banking | U.S. Code

Summary

Starting August 7, 1998, insured credit unions must not make member business loans that push their total outstanding member business loans above the smaller of two limits: 1.75 times the credit union’s actual net worth, or 1.75 times the minimum net worth needed under section 1790d(c)(1)(A) for a credit union to be well capitalized. That limit does not apply to credit unions that are mainly chartered to make business loans (as the Board decides), to credit unions that serve mostly low-income members (as the Board defines), or to community development financial institutions (as defined in section 4702). Definitions in one line each: member business loan — a loan, line of credit, or letter of credit used for business, investment property, or farming, with certain exclusions (like loans fully secured by a 1- to 4-family home, fully secured by shares or deposits, loans under $50,000 to the borrower or an associated member, loans fully guaranteed by a government agency, or loans from a corporate credit union to another credit union); net worth — the credit union’s retained earnings (and for low-income credit unions may include certain secondary capital); associated member — someone who shares ownership or a financial interest in the same business. A credit union that exceeded the limit on August 7, 1998 had to reduce its total member business loans to the allowed amount within 3 years. The Board must consult and try to cooperate with State officials when putting this rule into effect.

Title 12, §1757a

Banks and Banking — Source: USLM XML via OLRC

(a)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 for a credit union to be well capitalized.

(b)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)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 in an amount equal to less than $50,000;

(iv)the repayment of which is fully insured or fully guaranteed by, or where there is an advance commitment to purchase 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 generally 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, investment, or other pecuniary interest in a business or commercial endeavor with the borrower.

(d)An insured credit union that has, on August 7, 1998, a total amount of outstanding member business loans that exceeds the amount permitted 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)In implementing this section, the Board shall consult and seek to work cooperatively with State officials having jurisdiction over State-chartered insured credit unions.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (c)(1)(B)(i). Pub. L. 115–174 struck out “that is the primary residence of a member” after “dwelling”.

Statutory Notes and Related Subsidiaries

Rule of

Construction

Pub. L. 115–174, title I, § 105(b), May 24, 2018, 132 Stat. 1301, provided that: “Nothing in this section [amending this section] or the amendment made by this section shall preclude the National Credit Union Administration from treating an extension of credit that is fully secured by a lien on a 1- to 4-family dwelling that is not the primary residence of a member as a member business loan for purposes other than the member business loan limitation requirements under section 107A of the Federal Credit Union Act (12 U.S.C. 1757a).” Study and Report Pub. L. 105–219, title II, § 203(b), Aug. 7, 1998, 112 Stat. 922, required the Secretary to conduct a study of member business lending by insured credit unions, with a final report to be sent to Congress not later than 12 months after Aug. 7, 1998.

§1757a Limitation on member business loans