Title 12Banks and BankingRelease 119-73

§1761b Board of directors; meetings; powers and duties; executive committee; membership officers; membership application

Title 12 › Chapter CHAPTER 14— - FEDERAL CREDIT UNIONS › Subchapter SUBCHAPTER I— - GENERAL PROVISIONS › § 1761b

Last updated Apr 6, 2026|Official source

Summary

The board must meet at least once a month and keep written minutes. It runs the credit union and handles membership, loans, money, and staff. The board decides who can join or picks members to handle membership, but not the paid board officer, the financial officer, their assistants, or any loan officer. It must buy insurance for people who handle money under the Board’s rules. The board fills board and credit committee vacancies until the next annual election. It names the supervisory committee and, if the bylaws allow, the credit committee, loan officers, and other committees. The board manages investments and may create an investment committee of not less than two people. It can create an executive committee of not less than three directors if the bylaws allow. The board sets share types, the maximum number of shares and accounts, the par value of shares, loan interest rates, loan limits, lending policies, and dividend rates within legal limits. It hires and pays staff, sets internal controls required by the Board, gives written reasons for denied membership on request, reviews loan denials if there is no credit committee when a member asks in writing, and does other things needed to run the credit union under the Board’s rules.

Full Legal Text

Title 12, §1761b

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The board of directors shall meet at least once a month and shall have the general direction and control of the affairs of the Federal credit union. Minutes of all meetings shall be kept. Among other things, the board of directors shall—
(1)act upon applications for membership or appoint membership officers from among the members of the credit union, other than the board member paid as an officer, the financial board officer, any assistant to the paid officer of the board or to the financial officer, or any loan officer;
(2)provide adequate fidelity coverage for officers and employees having custody of or handling funds according to regulations issued by the Board;
(3)fill vacancies on the board of directors until successors elected at the next annual meeting have qualified;
(4)if the bylaws provide for an elected credit committee, fill vacancies on the credit committee until successors elected at the next annual meeting have qualified;
(5)appoint the members of the supervisory committee and, if the bylaws so provide, appoint the members of the credit committee;
(6)have charge of investments including the right to designate an investment committee of not less than two to act on its behalf;
(7)determine the maximum number of shares, share certificates, and share draft accounts, and the classes of shares, share certificates, and share draft accounts;
(8)subject to any limitations of this subchapter,11 See References in Text note below. determine the interest rates on loans, the security, and the maximum amount which may be loaned and provided in lines of credit;
(9)authorize interest refunds to members of record at the close of business on the last day of any dividend period from income earned and received in proportion to the interest paid by them during that dividend period;
(10)if the bylaws so provide, appoint one or more loan officers and delegate to these officers the power to approve or disapprove loans, lines of credit, or advances from lines of credit;
(11)establish the par value of the share;
(12)subject to the limitations of this subchapter and the bylaws of the credit union, provide for the hiring and compensation of officers and employees;
(13)if the bylaws so provide, appoint an executive committee of not less than three directors to act on its behalf and any other committees to which it can delegate specific functions;
(14)prescribe conditions and limitations for any committee which it appoints;
(15)review at each monthly meeting a list of approved or pending applications for membership received since the previous monthly meeting together with such other related information as it or the bylaws require;
(16)provide for the furnishing of the written reasons for any denial of a membership application to the applicant upon the written request of the applicant;
(17)in the absence of a credit committee, and upon the written request of a member, review a loan application denied by a loan officer;
(18)declare the dividend rate to be paid on shares, share certificates, and share draft accounts pursuant to the terms and conditions of section 1763 of this title;
(19)establish and maintain a system of internal controls consistent with the regulations of the Board;
(20)establish lending policies; and
(21)do all other things that are necessary and proper to carry out all the purposes and powers of the Federal credit union, subject to regulations issued by the Board.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in par. (8), probably should have been a reference to this title in the original, meaning title I of act June 26, 1934, ch. 750, which is classified generally to this subchapter.

Prior Provisions

Provisions similar to those comprising this section were contained in section 11(c) of act
June 26, 1934, ch. 750, 48 Stat. 1219 (formerly classified to section 1761(c) of this title), prior to the amendment and renumbering of act
June 26, 1934, by Pub. L. 86–354.

Amendments

1987—Par. (1). Pub. L. 100–86, § 705, substituted “of the credit union” for “of the board of directors”. Par. (2). Pub. L. 100–86, § 704(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “require any officer or employee having custody of or handling funds to give bond with good and sufficient surety in an amount and character in compliance with

Regulations

of the Board, and authorize the payment of the premium or premiums therefor from the funds of the Federal credit union;”. 1983—Pub. L. 97–457, § 28(1), substituted “direction” for “directions” after “shall have the general”. Par. (2). Pub. L. 97–457, § 28(2), substituted “union” for “unions” after “Federal credit”. Par. (9). Pub. L. 97–457, § 28(3), inserted “by” after “interest paid”. Par. (15). Pub. L. 97–457, § 28(4), substituted “meeting” for “meetings” after “previous monthly”. 1982—Pub. L. 97–320, § 522, substituted provisions relating to the board of directors, its meetings, powers, and duties, membership officers and membership applications, for provisions which read as follows: “The board of directors shall meet at least once a month and shall have the general direction and control of the affairs of the corporation. Minutes of all such meetings shall be kept. Among other things they shall act upon applications for membership; require any officer or employee having custody of or handling funds to give bond with good and sufficient surety in an amount and character to be determined by the board of directors in compliance with

Regulations

prescribed from time to time by the Board, and authorize the payment of the premium or premiums therefor from the funds of the Federal credit union; fill vacancies in the board and in the credit committee until successors elected at the next annual meeting have qualified; have charge of investments other than loans to members, except that the board may designate a committee of not less than two to act as an investment committee, such investment committee to have charge of making investments under rules and procedures established by the board of directors; determine from time to time the maximum number of shares and share certificates and the classes of shares and share certificates that may be held; subject to the limitations of this chapter, determine the interest rates on loans, the security, and the maximum amount which may be loaned or provided in lines of credit; subject to such

Regulations

as may be issued by the Board, authorized an interest refund to members of record at the close of business on the last day of any dividend period in proportion to the interest paid by them during that dividend period; and provide for compensation of necessary clerical and auditing assistance requested by the supervisory committee, and of loan officers appointed by the credit committee. The board may appoint an executive committee of not less than three directors to exercise such authority as may be delegated to it subject to such conditions and limitations as may be prescribed by the board. Such executive committee or one or more membership officers appointed by the board from among the members of the credit union, other than the treasurer, an assistant treasurer, or a loan officer, may be authorized by the board to approve applications for membership under such conditions as the board may prescribe; except that such committee or membership officer so authorized shall submit to the board at each monthly meeting a list of approved or pending applications for membership received since the previous monthly meeting, together with such other related information as the bylaws or the board may require. If a membership application is denied, the reasons therefor shall be furnished in writing to the person whose application is denied, upon written request.” 1978—Pub. L. 95–630 substituted “Board” for “Administrator” in two places. 1977—Pub. L. 95–22 substituted “and share certificates and the classes of shares and share certificates that may be held” for “that may be held by an individual” and “, the security, and the maximum amount which may be loaned or provided in lines of credit” for “and the maximum amount which may be loaned with or without security to any member”. 1974—Pub. L. 93–383 inserted provisions authorizing designation of a committee of not less than two to act as an investment committee and provisions relating to denial of a membership application, substituted “one or more membership officers” for “a membership officer”, and substituted provisions relating to exercise of authority by the executive committee for provisions setting forth specified functions of the executive committee. 1970—Pub. L. 91–206 substituted “Administrator” for “Director” in two places. 1968—Pub. L. 90–375 substituted “the purchase and sale of securities, the borrowing of funds, and the making of loans to other credit unions” for “the purchase and sale of securities or the making of loans to other credit unions, or both”. 1964—Pub. L. 88–353 substituted “the last day of any dividend period in proportion to the interest paid by them during that dividend period” for “December 31 in proportion to the interest paid by them during that year”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1978 AmendmentAmendment by Pub. L. 95–630 effective 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.

Reference

Citations & Metadata

Citation

12 U.S.C. § 1761b

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73