Title 31 — Title 31 MISCELLANEOUS LOAN AGENCIES

The legislature finds that credit unions provide many valuable services to the consumers of this state and will be better prepared to continue providing these services if the Washington state credit union act is modernized, clarified, and reorganized.Furthermore, the legislature …

Unless the context clearly requires otherwise, as used in this chapter:(1) "Board" means the board of directors of a credit union.(2) "Board officer" means an officer of the board elected under RCW 31.12.265(1).(3) "Branch" of a credit union, out-of-state credit union, or foreign…

A credit union is a cooperative society organized under this chapter as a nonprofit corporation for the purposes of promoting thrift among its members and creating a source of credit for them at fair and reasonable rates of interest.The director is the state's credit union regula…

(1) A credit union shall include the words "credit union" in its name.(2) No person may conduct business or engage in any other activity under a name or title containing the words "credit union", or represent itself as a credit union, unless it is:(a) A credit union, out-of-state…

Seven or more natural persons who reside in this state may apply to the director for permission to organize a credit union. The application must include copies of the proposed articles of incorporation and bylaws, and such other information as may be required by the director. The…

(1) Persons applying for the organization of a credit union shall execute articles of incorporation stating:(a) The initial name and location of the credit union;(b) That the duration of the credit union is perpetual;(c) That the purpose of the credit union is to engage in the bu…

(1) Persons applying for the organization of a credit union shall adopt bylaws that prescribe the manner in which the business of the credit union shall be conducted. The bylaws shall include:(a) The name of the credit union;(b) The field of membership of the credit union;(c) Rea…

(1) When the proposed articles of incorporation and bylaws complying with the requirements of RCW 31.12.055 and 31.12.065 have been filed with the director, the director shall:(a) Determine whether the articles of incorporation and bylaws are consistent with this chapter; and(b) …

(1) Upon approval under RCW 31.12.075(2), the director shall deliver a copy of the articles of incorporation to the secretary of state for filing. Upon receipt of the approved articles of incorporation provided by the applicants, and the secretary of state filing fee paid by the …

A credit union's articles of incorporation may be amended by the board with the approval of the director. Complete applications for amendments to the articles must be approved or denied by the director within sixty days of receipt. Amendments to a credit union's articles of incor…

(1) A credit union's field of membership bylaws may be amended by the board with approval of the director. Complete applications to amend a credit union's field of membership bylaws must be approved or denied by the director within sixty days of receipt.(2) A credit union's other…

(1) A credit union's annual membership meeting shall be held at such time and in such manner as the bylaws prescribe, and shall be conducted according to the rules of procedure approved by the board.(2) Notice of the annual membership meetings of a credit union shall be given as …

(1) A special membership meeting of a credit union may be called by:(a) A majority vote of the board;(b) Written petition signed or similarly authenticated by at least ten percent or two thousand of the members of a credit union, whichever is less;(c) A unanimous vote of the supe…

(1) The business and affairs of a credit union shall be managed by a board of not less than five and not greater than fifteen directors.(2) The directors must be elected at the credit union's annual membership meeting. They shall hold their offices until their successors are qual…

(1) A director must be a natural person and a member of the credit union. If a director ceases to be a member of the credit union, the director shall no longer serve as a director.(2)(a) If a director is absent from more than one-fourth of the regular board meetings in any twelve…

(1) The members of a credit union may remove a director of the credit union at a special membership meeting held in accordance with RCW 31.12.195 and called for that purpose. If the members remove a director, the members may at the same special membership meeting elect an interim…

If at any time because of the removal of one or more credit union directors under this chapter, the board of directors of a credit union has less than a quorum of directors, all powers and functions vested in or exercisable by the board vest in and are exercisable by the director…

The business and affairs of a credit union shall be managed by the board of the credit union. The duties of the board include, but are not limited to, the duties enumerated in this section. The duties listed in subsection (1) of this section may not be delegated by the credit uni…

(1) The board at its first meeting after the annual membership meeting shall elect board officers from among its members, as provided in the credit union's bylaws. The board will elect as many board officers as it deems necessary for transacting the business of the board of the c…

(1) Officials owe a fiduciary duty to the credit union, and must discharge the duties of their positions:(a) In good faith;(b) With the care an ordinarily prudent person in a like position would exercise under similar circumstances; and(c) In a manner the official reasonably beli…

(1) Directors and committee members at a credit union or federal credit union have no personal liability for harm caused by acts or omissions performed on behalf of the credit union if: The director or committee member was acting within the scope of his or her duties at the time …

The board may, for cause, suspend a member of the board or a member of the supervisory committee until a special membership meeting, called for that purpose, is held under RCW 31.12.195. The membership meeting must be held within ninety days after the suspension. The members atte…

(1) A supervisory committee of at least three members must be elected at the annual membership meeting of the credit union. Members of the supervisory committee shall serve a term of three years, unless sooner removed under this chapter or until their successors are qualified and…

(1) The supervisory committee of a credit union shall:(a) Keep informed as to the financial condition of the credit union and the decisions of the credit union's board;(b) Perform or arrange for:(i) A complete annual audit of the credit union; and(ii) A verification of its member…

(1) The supervisory committee may, by unanimous vote, for cause, suspend a member of the board, until a special membership meeting called for that purpose is held in accordance with the requirements of RCW 31.12.195. The membership meeting must be held within ninety days after th…

(1) A credit union may pay to its directors and supervisory committee members reasonable compensation for their service as directors and supervisory committee members. Irrespective of whether it pays compensation to its directors or supervisory committee members, a credit union m…

(1) Each credit union must be adequately insured against risk. In addition, each director, officer, committee member, and employee of a credit union must be adequately bonded.(2) When a credit union receives notice that its fidelity bond coverage will be suspended or terminated, …

(1) The director may issue and serve written notice of charges under RCW 31.12.575 to suspend a person from further participation in any manner in the conduct of the affairs of a credit union if the director determines that such an action is necessary for the protection of the cr…

(1) Membership in a credit union shall be limited to groups having a common bond of occupation or association, or to groups within a well-defined neighborhood, community, or rural district. The director may adopt rules: (a) Reasonably defining "common bond"; and (b) setting forth…

(1) A credit union may admit to membership those persons qualified for membership as set forth in its bylaws.(2) An organization whose membership, ownership, or employees are comprised principally of persons who are eligible for membership in the credit union may become a member …

(1) No member may have more than one vote. A natural person may not hold more than one membership in a credit union on behalf of himself or herself. An organization having membership in a credit union may cast one vote through a natural person agent duly authorized in writing.(2)…

(1) Members expelled from the credit union will be notified of the expulsion and the reasons upon which it is based. The credit union will, upon request of the expelled member, allow the member to challenge the expulsion and seek reinstatement as a member.(2) The amounts in an ex…

A credit union may:(1) Issue shares to and receive deposits from its members in accordance with RCW 31.12.416;(2) Make loans to its members in accordance with RCW 31.12.426 and 31.12.428;(3) Pay dividends and interest to its members in accordance with RCW 31.12.418;(4) Impose rea…

(1) Notwithstanding any other provision of law, and in addition to all powers and authorities, express or implied, that a credit union has under the laws of this state, a credit union has the powers and authorities that a federal credit union had on December 31, 1993, or a subseq…

(1) After December 31, 1998, credit unions must be insured under the federal share insurance program or an equivalent share insurance program as defined in this section. For the purposes of this section an equivalent share insurance program is a program that: (a) Holds reserves p…

(1) A credit union may apply in writing to the director for designation as a low-income credit union. To qualify for approval of this designation, the credit union must provide evidence satisfactory to the director that at least fifty percent of a substantial and well-defined seg…

(1) Shares held and deposits made in a credit union by a natural person are governed by *chapter 30.22 RCW. (2) A credit union may require ninety days notice of a member's intention to withdraw shares or deposits. The notice requirement may be extended with the written consent of…

Dividends may be paid from current undivided earnings which remain after deduction of expenses and the amounts required for reserves, or from the undivided earnings that remain from preceding periods.[ 2015 c 123 s 3; 1997 c 397 s 33; 1984 c 31 s 50. Formerly RCW 31.12.485.]

(1) A credit union may make secured and unsecured loans to its members under policies established by the board, subject to the loans to one borrower limits provided for in RCW 31.12.428. Each loan must be evidenced by records adequate to support enforcement or collection of the l…

(1) No loan may be made to any borrower if the loan would cause the borrower to be indebted to the credit union on all types of loans in an aggregated amount exceeding ten thousand dollars or twenty-five percent of the capital of the credit union, whichever is greater, without th…

(1) A credit union may invest its funds in any of the following, as long as the investments are deemed prudent by the board:(a) Loans held by credit unions, out-of-state credit unions, or federal credit unions; loans to members held by other lenders; and loans to nonmembers held …

(1) A credit union may invest in real property or leasehold interests including, but not limited to, structures and fixtures attached to real property for use in conducting its business or the business of a credit union service organization, subject to the following limitations:(…

(1) For purposes of this section, a "merging credit union" is a credit union whose charter ceases to exist upon merger with the continuing credit union, and a "continuing credit union" is a credit union whose charter continues upon merger with the merging credit union.(2) A credi…

(1) A credit union may merge or convert into a federal credit union as authorized by the federal credit union act. The merger or conversion must be approved by a majority vote of those credit union members voting at a membership meeting, unless the credit union prescribes in its …

(1) A federal credit union located and conducting business in this state may merge or convert into a credit union organized and operating under this chapter.(2) In the case of a conversion, the board of the federal credit union shall file with the director proposed articles of in…

(1) An out-of-state or foreign credit union may not operate a branch in Washington unless:(a) The director has approved its application in accordance with this section;(b) A credit union organized and operating under this chapter is permitted to do business in the state or foreig…

(1) At a special meeting called for the purpose of liquidation, and upon the recommendation of at least two-thirds of the total members of the board of a credit union, the members of a credit union may elect to liquidate the credit union by a two-thirds majority vote of those mem…

(1) The powers of supervision and examination of credit unions and other persons subject to this chapter and chapter 31.13 RCW are vested in the director.(2) The director shall require each credit union to conduct business in compliance with this chapter and may require each cred…

The director or the director's designee may take such action as provided for in this chapter to enforce, investigate, or examine persons covered by chapter 19.144 RCW.[ 2008 c 108 s 17.]Notes:Findings—2008 c 108: See RCW 19.144.005.

(1) The director shall make an examination and investigation into the affairs of each credit union at least once every eighteen months, unless the director determines with respect to a credit union, that a less frequent examination schedule will satisfactorily protect the financi…