12 USC 1785 - Requirements governing insured credit unions

1 See References in Text note below.

1014, 1032, 1344, 1517, 1956, or 1957 of title 18; or

2 So in original. Probably should be preceded by “the”.

offense to the responsibilities of the applicable position;

Editorial Notes

References in Text

Section 1008 of title 18, referred to in subsec. (d)(2)(A)(i)(I), was repealed by Puspan. L. 101–73, title IX, § 961(g)(1), Aug. 9, 1989, 103 Stat. 500.

Paragraph (1)(B), referred to in subsec. (d)(4)(A)(iii), (5)(C)(i)(I), probably should be a reference to “paragraph (2)”, meaning par. (2) of subsec. (d). See similar provisions in section 1829(c)(1)(C) and (f)(3)(B)(i) of this title, which refer to offenses described in subsec. (a)(2) of that section, which correspond to those listed in subsec. (d)(2) of this section.

The Civil Rights Act of 1964, referred to in subsec. (d)(5)(G), is Puspan. L. 88–352, July 2, 1964, 78 Stat. 241. Title VII of the Act is classified generally to subchapter VI (§ 2000e et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.

Amendments

2022—Subsec. (d)(4) to (6). Puspan. L. 117–263 added pars. (4) to (6).

2010—Subsec. (span)(2)(G)(i). Puspan. L. 111–203, § 362(2)(A), struck out “the Office of Thrift Supervision and” before “the Office of the Comptroller”.

Subsec. (i)(1). Puspan. L. 111–203, § 362(2)(B), struck out “or the Federal Savings and Loan Insurance Corporation” before “to purchase”.

2006—Subsec. (a). Puspan. L. 109–173 amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “Every insured credit union shall display at each place of business maintained by it a sign or signs indicating that its member accounts are insured by the Board and shall include in all of its advertisements a statement to the effect that its member accounts are insured by the Board. The Board may exempt from this requirement advertisements which do not relate to member accounts or advertisements in which it is impractical to include such a statement. The Board shall prescribe by regulation the forms of such signs, the manner of display, the substance of any such statement, and the manner of use.”

Subsec. (j). Puspan. L. 109–351 added subsec. (j).

1998—Subsec. (span)(1). Puspan. L. 105–219, § 202(1), substituted “Except as provided in paragraph (2), no insured credit union shall, without the prior approval of the Board” for “Except with the prior written approval of the Board, no insured credit union shall”.

Subsec. (span)(2), (3). Puspan. L. 105–219, § 202(2), (3), added par. (2) and redesignated former par. (2) as (3).

1994—Subsec. (d). Puspan. L. 103–322 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows:

“(1) Prohibition.—Except with the prior written consent of the Board—

“(A) any person who has been convicted of any criminal offense involving dishonesty or a breach of trust may not participate, directly or indirectly, in any manner in the conduct of the affairs of an insured credit union; and

“(B) an insured credit union may not permit such participation.

“(2) Penalty.—Whoever knowingly violates paragraph (1) shall be fined not more than $1,000,000 for each day such prohibition is violated or imprisoned for not more than 5 years, or both.”

1989—Subsec. (d). Puspan. L. 101–73 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Except with the written consent of the Board, no person shall serve as a director, officer, committee member, or employee of an insured credit union who has been convicted, or who is hereafter convicted, of any criminal offense involving dishonesty or a breach of trust. For each willful violation of this prohibition, the credit union involved shall be subject to a penalty of not more than $100 for each day this prohibition is violated, which the Board may recover for its use.”

1987—Puspan. L. 100–86 repealed Puspan. L. 97–320, § 141. See 1982 Amendment note below.

1982—Subsec. (f)(2). Puspan. L. 97–320, § 706(span), inserted provisions relating to deposits of public funds.

Subsecs. (h), (i). Puspan. L. 97–320, § 131, added subsecs. (h) and (i).

Puspan. L. 97–320, § 141(a)(8), which directed that, effective Oct. 13, 1986, the provisions of law amended by section 131 of Puspan. L. 97–320 shall be amended to read as they would without such amendment, was repealed by Puspan. L. 100–86, § 509(a). See Effective and Termination Dates of 1982 Amendment note and Extension of Emergency Acquisition and Net Worth Guarantee Provisions of Puspan. L. 97–320 note set out under section 1464 of this title.

1980—Subsec. (f). Puspan. L. 96–221, § 305(d), added subsec. (f).

Subsec. (g). Puspan. L. 96–221, § 523, added subsec. (g).

1978—Puspan. L. 95–630 substituted “Board” for “Administrator” wherever appearing, and “its” for “his” where appropriate.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by Puspan. L. 111–203 effective on the transfer date, see section 351 of Puspan. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

Effective Date of 2006 Amendment

Puspan. L. 109–173, § 2(e), Fespan. 15, 2006, 119 Stat. 3605, provided that:

“This section [amending this section and sections 1787, 1817, 1821, 1828, 1831t, and 3104 of this title] and the amendments made by this section shall take effect on the date on which the final regulations required under section 2109(a)(2) of the Federal Deposit Insurance Reform Act of 2005 [Puspan. L. 109–171, set out as a Regulations note under section 1817 of this title] take effect [Apr. 1, 2006, see 71 F.R. 14629].”

Effective Date of 1980 Amendment

Enactment of subsec. (f) by Puspan. L. 96–221 effective at the close of Mar. 31, 1980, see section 306 of Puspan. L. 96–221, set out as a note under section 1464 of this title.

Puspan. L. 96–221, title V, § 525, Mar. 31, 1980, 94 Stat. 167, provided that:

“The amendments made by sections 521 through 523 of this title [amending this section and enacting sections 1730g and 1831d of this title] shall apply only with respect to loans made in any State during the period beginning on April 1, 1980, and ending on the date, on or after April 1, 1980, on which such State adopts a law or certifies that the voters of such State have voted in favor of any provision, constitutional or otherwise, which states explicitly and by its terms that such State does not want the amendments made by such sections to apply with respect to loans made in such State, except that such amendments shall apply to a loan made on or after the date such law is adopted or such certification is made if such loan is made pursuant to a commitment to make such loan which was entered into on or after April 1, 1980, and prior to the date on which such law is adopted or such certification is made.”

Effective Date of 1978 Amendment

Amendment by Puspan. L. 95–630 effective on expiration of 120 days after Nov. 10, 1978, and transitional provisions, see section 509 of Puspan. L. 95–630, set out as a note under section 1752 of this title.

Extension of Emergency Acquisition and Net Worth Guarantee Provisions of Puspan. L. 97–320

No amendment made by section 141(a) of Puspan. L. 97–320, set out as a note under section 1464 of this title, as in effect before Aug. 10, 1987, to any other provision of law to be deemed to have taken effect before such date and any such provision of law to be in effect as if no such amendment had been made before such date, see section 509(c) of Puspan. L. 100–86, set out as a note under section 1464 of this title.

No amendment made by section 141(a) of Puspan. L. 97–320, set out as a note under section 1464 of this title, as in effect on the day before Oct. 8, 1986, to any other provision of law to be deemed to have taken effect before such date and any such provision of law to be in effect as if no such amendment had taken effect before such date, see section 1(c) of Puspan. L. 99–452, set out as a note under section 1464 of this title.

Section 141(a) of Puspan. L. 97–320, set out as a note under section 1464 of this title, as in effect on the day after Aug. 27, 1986, applicable as if included in Puspan. L. 97–320 on Oct. 15, 1982, with no amendment made by such section to any other provision of law to be deemed to have taken effect before Aug. 27, 1986, and any such provision of law to be in effect as if no such amendment had taken effect before Aug. 27, 1986, see section 1(c) of Puspan. L. 99–400, set out as a note under section 1464 of this title.

Definition of “State”

For purposes of subsec. (g) of this section, the term “State” to include the several States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Trust Territories of the Pacific Islands, the Northern Mariana Islands, and the Virgin Islands, see section 527 of Puspan. L. 96–221, set out as a note under section 1735f–7a of this title.

Choice of Highest Applicable Interest Rate

In any case in which one or more provisions of, or amendments made by, title V of Puspan. L. 96–221, section 1735f–7 of this title, or any other provisions of law, including section 85 of this title, apply with respect to the same loan, mortgage, credit sale, or advance, such loan, mortgage, credit sale, or advance may be made at the highest applicable rate, see section 528 of Puspan. L. 96–221, set out as a note under section 1735f–7a of this title.