Written By Michael Coleman, Regulatory Compliance Counsel
NCUA Board Meeting. The NCUA Board Meeting on Tuesday July 24, 2012, had a very busy agenda, and the Board unanimously approved 5 items:
- Setting the 2012 Temporary Corporate Credit Union Stabilization Fund (Stabilization Fund) assessment at 9.5 basis points of insured shares as of June 30.
- Reprogramming NCUA’s 2012 operating budget to produce a $2 million savings to credit unions that will offset the 2013 operating budget.
- Renewing the current 18 percent interest rate cap for most loans, and 28 percent for short-term small loans, at federally chartered credit unions through March 10, 2014.
- Releasing a proposed rule—with a three-tiered approach targeted by asset size—for federally insured credit unions to plan for or maintain access to emergency liquidity.
- Issuing a proposed rule to permit NCUA to declare a federally insured, state-chartered credit union (FISCU) in “troubled condition” based on NCUA’s CAMEL code 4 or 5 composite rating.
NCUA released the Board Meeting results in a Board Action Bulletin. It provides a good summary of these recent actions, including a summary of the Board’s decision to set the 2012 Stabilization Fund assessment at 9.5 basis points. NCUA had previously estimated that the 2012 Stabilization Fund assessment would be between 8-11 basis points. The Bulletin also provides summaries of the proposed rule on emergency liquidity and the proposed rule to permit NCUA to declare a FISCU in “troubled condition,” it is worth a read.
The Board’s extension of the 18 percent interest rate cap based on current market conditions is surely of interest to many credit unions. NCUA reported in the Bulletin that approximately 61 percent of federal credit unions made some loans at rates above 15 percent (which is the Federal Credit Union Act mandated interest rate cap) in the first quarter of 2012. The NCUA Board has the authority to set the interest rate higher than the FCUA statutory usury ceiling pursuant to FCU Act § 1757(5)(vi)(I), and pursuant to NCUA Regulation § 701.21(c)(7)(ii) the NCUA Board must make this determination every 18 months.
NCUA Letters to Federal Credit Unions. Last week NCUA released two Letters to Federal Credit Unions that are worthy of note. NCUA released NCUA Letter to Federal Credit Unions 12-FCU-02 concerning Multi-Featured Open-End Lending (MFOEL) which supersedes and replaces NCUA Letter to Federal Credit Unions 10-FCU-02, which contained NCUA’s previous guidance on the subject. The new guidance contained in 12-FCU-02 is worth a read. NCUA also released NCUA Letter to Federal Credit Unions 12-FCU-03 which highlights changes in the examination procedures of small credit unions. 12-FCU-03 states that NCUA is implementing a Small Credit Union Examination Program (SCUEP) in order to streamline the examination process for small credit unions. Regarding eligibility, 12-FCU-03 states: “The SCUEP is targeted to FCUs with total assets less than $10 million and a CAMEL rating of 1, 2 or 3.” If your credit union might be eligible, it is worth a look.