12 U.S.C. § 1795c: Membership

Summary

Credit unions that mainly serve people can become Regular members by buying at least one-half of 1 percent (0.5%) of the Facility’s stock based on their paid-in and unimpaired capital and surplus. Credit unions or groups that mainly serve other credit unions can become Agent members if the Board approves. Agent members must buy at least one-half of 1 percent (0.5%) of the stock measured from the combined paid-in and unimpaired capital and surplus of their member credit unions that serve people and are not Regular members. Agent members must follow Board rules about management, safety, controls, member participation, and accept Board supervision, reports, and periodic exams. Stock amounts are calculated from an arithmetic average of capital and surplus over the six months before applying and are adjusted each year using an average period set by the Board. A member holding less than 5 percent of outstanding stock can withdraw six months after telling the Board. A member holding 5 percent or more can withdraw 24 months after notice. The Board can end membership after a hearing if a member fails to follow the rules.

Title 12, §1795c

Banks and Banking, Source: USLM XML via OLRC

(a)Credit unions serving natural persons

A credit union primarily serving natural persons may be a Regular member of the Facility by subscribing to the capital stock of the Facility in an amount not less than one-half of 1 per centum of the credit union’s paid-in and unimpaired capital and surplus.

(b)Credit unions serving other credit unions

A credit union or group of credit unions, primarily serving other credit unions, may be an Agent member of the Facility by—

(1)obtaining the approval of the Board;

(2)subscribing to the capital stock of the Facility in an amount not less than one-half of 1 per centum of the paid-in and unimpaired capital and surplus of all those credit unions which primarily serve natural persons, which are members of such credit union or of any credit union comprising such credit union group, and which are not regular members;

(3)agreeing to comply with rules and regulations the Board shall prescribe with respect to, but not limited to, management quality, asset and liability safety and soundness, internal operating and control practices and procedures, and participation of natural persons in the affairs of such credit union or credit union group; and

(4)agreeing to submit to the supervision of the Board which shall include, but not be limited to, reporting requirements and periodic unrestricted examinations.

(c)Stock subscription requirements

Stock subscriptions provided for in subsections (a) and (b)(2) of this section shall be—

(1)based on an arithmetic average of paid-in capital and surplus over the six months preceding application and membership; and

(2)adjusted at the close of each calendar year in accordance with an arithmetic average of paid-in capital and surplus over a period determined by the Board.

(d)Functions of Agent members of Facility

An Agent member of the Facility shall perform for its member credit unions those functions required by the Board to carry out this subchapter.

(e)Withdrawal from or termination of membership

(1)A member of the Facility whose capital stock subscription constitutes less than 5 per centum of such stock outstanding, may withdraw from membership in the Facility six months after notifying the Board of its intention to do so.

(2)A member of the Facility whose capital stock subscription constitutes 5 per centum or more of such stock outstanding, may withdraw from membership in the Facility twenty-four months after notifying the Board of its intention to do so.

(3)The Board may terminate membership in the Facility if, after opportunity for a hearing, the Board determines a member has failed to comply with any provision of this subchapter or regulation issued pursuant thereto.

Notes & Related Subsidiaries

Editorial Notes

Codification section 309(b)(1) of Pub. L. 96–221 redesignated subch. III as title III of act June 26, 1934, ch. 750, cited as a credit to this section.

Amendments

2020—Subsec. (b)(2). Pub. L. 116–136, § 4016(b)(1)(B), substituted “all those credit unions” for “such credit unions as the Board may in its discretion determine”. Pub. L. 116–136, § 4016(a)(2), substituted “such credit unions as the Board may in its discretion determine” for “all those credit unions”. 2006—Subsec. (b)(3). Pub. L. 109–351 substituted “the affairs of such credit union” for “the affairs or such credit union”. 1980—Subsecs. (b), (c). Pub. L. 96–221, § 309(a)(4), substituted “Board” for “Administrator” wherever appearing, such change having been made previously by Pub. L. 95–630. Subsecs. (d), (e). Pub. L. 96–221, § 309(a)(4), (b)(2), substituted “Board” for “Administrator” wherever appearing, such change having been made previously by Pub. L. 95–630, and “title” for “subchapter” wherever appearing, which for purposes of codification has been editorially translated as “subchapter”, thereby requiring no further change in text. 1978—Pub. L. 95–630, § 502(b), substituted “Board” for “Administrator” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 2020 AmendmentAmendment by section 4016(b)(1)(B) of Pub. L. 116–136, effective Dec. 31, 2021, see section 4016(b)(2) of Pub. L. 116–136, set out as a note under section 1795a of this title.

Effective Date

of 1978 AmendmentAmendment 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.

Effective Date

Section effective Oct. 1, 1979, see section 1806 of Pub. L. 95–630, set out as a note under section 1795 of this title.

§1795c Membership

Summary

Title 12, §1795c

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata