16 chapters · 580 sections in this title.
AS 06.45.010 Responsibility of commissioner.
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(a) The commissioner shall administer this chapter. (b) The commissioner may by regulation define the powers of credit unions formed under this chapter and adopt regulations to carry out the purposes of credit unions consistent with this chapter and AS 06.01.020. (c) The commissi…
AS 06.45.020 Formation of credit union.
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(a) Seven or more natural persons who desire to form a credit union shall subscribe before an officer competent to administer oaths, articles of incorporation in duplicate that must state (1) the name of the credit union; (2) the location of the credit union and the territory in …
AS 06.45.030 Approval of articles of incorporation and issuance of certificate of authority.
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(a) The articles of incorporation shall be presented to the commissioner for approval. Before the certificate of authority is issued, the commissioner shall determine (1) whether the articles of incorporation and bylaws conform to the provisions of this chapter and to regulations…
AS 06.45.040 Fees.
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(a) The commissioner shall assess a credit union a fee for expenses under AS 06.01.010 in processing an application (1) for approval of articles of incorporation and bylaws and the issuance of a certificate of authority for a credit union; (2) for the approval of a branch of a cr…
AS 06.45.050 Reports and examinations.
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A credit union organized under this chapter is under the supervision of the commissioner and shall make an annual financial report to the commissioner and shall make other financial reports required by regulations adopted by the commissioner. A credit union is subject to examinat…
AS 06.45.060 Powers of a credit union; remedy for interest violations.
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(a) A credit union has succession in its corporate name during its existence and may (1) enter into a contract; (2) sue and be sued; (3) adopt, use, and alter a common seal; (4) purchase, hold, and dispose of property; (5) make loans, the maturities of which may not exceed 20 yea…
AS 06.45.070 Membership.
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Credit union membership consists of the incorporators and other persons and incorporated and unincorporated organizations, to the extent permitted by regulations adopted by the commissioner, elected to membership. Each member shall subscribe to at least one share of the stock of …
AS 06.45.080 Meetings of members.
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The fiscal year of a credit union ends December 31. The annual meeting of a credit union shall be held within three months after the end of the fiscal year at a place its bylaws prescribe. Special meetings may be held under the bylaws. A member may not vote by proxy, but a member…
AS 06.45.090 Management of credit union.
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(a) The business affairs of a credit union are managed by (1) a board of not less than five directors; (2) a credit committee of not less than three members; and (3) a supervisory committee of not less than three members or more than five members. The members of the board of dire…
AS 06.45.100 Compensation.
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A member of the board of directors or of the credit or supervisory committees may not be compensated for service on the board of directors or credit or supervisory committees. Reasonable health, accident, and similar insurance protection is not compensation under this section and…
AS 06.45.110 Executive officers.
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(a) At its first meeting after the annual meeting of the members, the board of directors shall elect from its membership the executive officers of the credit union. (b) An executive officer, other than the treasurer, may not be compensated as an officer. (c) The offices of secret…
AS 06.45.120 Board of directors.
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(a) The board of directors shall meet at least once a month and shall have the general direction and control of the business affairs of the credit union. Minutes of all meetings shall be kept. (b) The board of directors shall (1) act upon applications for membership; (2) require …
AS 06.45.130 Applications for membership.
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(a) The board of directors shall establish procedures for the review and approval of applications for membership in the credit union. (b) Each month the board of directors shall review a list of applications for membership acted on during the preceding month. (c) If an applicatio…
AS 06.45.140 Powers and duties of credit committee.
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(a) The credit committee shall hold meetings to consider applications for loans and lines of credit as the business of the credit union may require but not less frequently than once a month. Reasonable notice of the meetings shall be given to members of the credit committee. (b) …
AS 06.45.150 Loan restriction.
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A loan may not be made to a member if, on the making of the loan, the member would be indebted to the credit union on loans from the credit union in an amount exceeding 10 percent of the unimpaired capital and surplus of the credit union.
AS 06.45.160 Security.
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For the purposes of loans made under this chapter, an assignment of shares or the endorsement of a note constitutes security, and, subject to regulations adopted by the commissioner, insurance obtained under Title 1 of the National Housing Act is adequate security.
AS 06.45.170 Powers and duties of supervisory committee; suspension of committee members.
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(a) The supervisory committee shall conduct an annual audit of the accounts of the credit union and submit a report of the audit to the board of directors and a summary of the audit to the members at the next annual members meeting of the credit union. The supervisory committee m…
AS 06.45.180 Reserves.
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(a) At the end of each accounting period the gross income of the credit union shall be determined. From this amount, there shall be set aside as a regular reserve against losses on loans and against other losses specified in regulations adopted by the commissioner under this chap…
AS 06.45.190 Dividends.
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At intervals as the board of directors may authorize and after provision for required reserves, the board of directors may declare, under regulations adopted by the commissioner, a dividend to be paid at different rates on different types of shares and at different rates and matu…
AS 06.45.200 Expulsion and withdrawal of members.
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A member may be expelled by a two-thirds vote of the members of a credit union present at a special meeting called for the purpose, but only after the member has been given an opportunity to be heard. Withdrawal or expulsion of a member does not discharge the liability of the mem…
AS 06.45.210 Minors or trusts.
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Shares of a credit union may be issued in the name of a minor or in trust, subject to conditions prescribed by the bylaws. When shares are issued in trust, the name of the beneficiary shall be disclosed to the credit union.
AS 06.45.220 Suspension, conditional operation, and liquidation.
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(a) The commissioner, upon a finding that the credit union is bankrupt, insolvent, or is operating in an unsafe or unsound manner or that the credit union has violated the provisions of its articles of incorporation or bylaws, this chapter, or regulations adopted by the commissio…
AS 06.45.230 Exemption from taxation.
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A credit union organized under this chapter, its property, franchises, capital, reserves, surpluses, and other funds, and its income are exempt from taxation by the state or a political subdivision of the state, except that real property and tangible personal property owned by a …
AS 06.45.240 Conversions.
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(a) A federal credit union may convert into a credit union organized under this chapter by complying with applicable federal law and by qualifying under this chapter. (b) A credit union organized under this chapter may convert into a federal credit union by complying with this ch…
AS 06.45.250 Insurance of member accounts.
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A credit union organized under this chapter shall, under regulations adopted by the commissioner, participate in insurance of member accounts under programs offered by the National Credit Union Administration Board or a program of comparable insurance approved by the commissioner…
AS 06.45.260 Liquidity facility participation.
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A credit union organized under this chapter may, under regulations adopted by the commissioner, participate in the programs offered by the National Credit Union Central Liquidity Facility.
AS 06.45.270 Conflict of interest.
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(a) A member of the board of directors or a member of the credit committee or supervisory committee or an employee of a credit union may not participate in the deliberation or the determination of a question affecting the person's own pecuniary interest or the pecuniary interest …
AS 06.45.280 Merger.
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(a) A credit union may merge with another credit union under a plan agreed upon by a majority of the board of directors of each credit union and approved by a majority of the members of each credit union present at meetings called to approve the plan. (b) The commissioner may by …
AS 06.45.290 Branch offices.
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A credit union may establish a branch office under regulations of the commissioner.
AS 06.45.295 Automated teller machines.
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(a) A state credit union may establish, maintain, and operate an automated teller machine on the premises of the main office or a branch office of the state credit union. (b) A state credit union may establish, maintain, and operate an automated teller machine at a location other…
AS 06.45.300 Unauthorized conduct of credit union business.
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It is a class A misdemeanor for a natural person to conduct business under a name or title that contains the words “credit union” or a derivation of them or to represent to be conducting business as a credit union.
AS 06.45.310 Transfer of credit union's property to preferred creditor is void.
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The transfer of property, money, or assets by a credit union after it becomes insolvent, to prefer one creditor over another, or to prevent the equal distribution of its property and assets among its creditors is void.
AS 06.45.320 Secs. 06.45.320 , 06.45.330. Unlawful deceit of commissioner or examiners; receipt of deposits while insolvent. [Repealed, § 102 ch 26 SLA 1993.]
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[Repealed or reserved.]
AS 06.45.340 Limitations on credit unions.
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A credit union may not acquire control directly or indirectly of another financial institution or invest in shares, stocks, or obligations of an insurance company, trade association, liquidity facility, or any other similar organization, corporation, or association except as expr…
AS 06.45.400 Definitions.
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In this chapter, (1) “commissioner” means the commissioner of commerce, community, and economic development; (2) “credit union” means a cooperative association organized in accordance with the provisions of this chapter for the purpose of promoting thrift among its members and cr…