ALEXANDRIA, Va.-NCUA Associate General Counsel Sheila Albin wrote in a recent legal opinion letter that credit unions must apply share-secured loans toward the 10% loans-to-one-borrower ceiling. Albin pointed out that the definition of a loan-to-one-borrower prohibits loans that would cause the member to be indebted to the credit union in excess of 10% of the credit union's unimpaired capital and surplus. The term "shares" was mistakenly substituted for "capital" in the definition printed by the Government Printing Office and NCUA, which caused some confusion and has been corrected in the most recent version of the rule. For clarification, Albin wrote that unimpaired capital and surplus means shares plus post-closing, undivided earnings. The 10% limit also applies to member business loans that are fully secured by shares. "There are no exceptions in our act or our rules based on the purpose of the loan or on how the loans is secured," she wrote.

Complete your profile to continue reading and get FREE access to CUTimes.com, part of your ALM digital membership.

  • Critical CUTimes.com information including comprehensive product and service provider listings via the Marketplace Directory, CU Careers, resources from industry leaders, webcasts, and breaking news, analysis and more with our informative Newsletters.
  • Exclusive discounts on ALM and CU Times events.
  • Access to other award-winning ALM websites including Law.com and GlobeSt.com.
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.