§1795c — Title 12 Banks and Banking | U.S. Code

Summary

Credit unions can join the Facility as Regular members or as Agent members. A Regular member is a credit union that mostly serves people and must buy Facility stock equal to at least 0.5% of its paid-in and unimpaired capital and surplus. A credit union or group that mostly serves other credit unions can be an Agent member if the Board approves, it buys stock equal to at least 0.5% of the combined capital and surplus of its natural-person-serving member credit unions that are not Regular members, it agrees to follow Board rules about management, safety, controls, and member participation, and it accepts Board supervision, reporting, and exams. Stock amounts are based on the arithmetic average of paid-in capital and surplus over the six months before applying and are adjusted yearly using an average period the Board sets. Agent members must perform functions the Board requires for their members. A member with less than 5% of outstanding stock may withdraw after six months’ notice. A member with 5% or more may withdraw after 24 months’ notice. The Board can end membership after a hearing if a member breaks the rules.

Title 12, §1795c

Banks and Banking — Source: USLM XML via OLRC

(a)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)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 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)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)(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