NCUA Corporate Credit Union System Resolution Costs Resources
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On September 28, 2017, the NCUA Board unanimously voted to close the Temporary Corporate Credit Union Stabilization Fund (Stabilization Fund) effective October 1, 2017, ahead of its sunset date of June 30, 2021. All remaining funds, property, and other assets were transferred to the National Credit Union Share Insurance Fund (Insurance Fund), representing a major milestone in the wind-down of the Corporate System Resolution Program. While the net projected assessment range is no longer relevant, the NCUA will continue to report the total gross and net corporate system resolution costs (Resolution Costs), as well as the NGN and legacy asset data that has been reported historically. Additional reporting on NCUA’s receivable from the estates, the estimated impact to the equity ratio, and potential recoveries of depleted corporate capital will also be provided.
NCUA Public Letters of Understanding and Agreement
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Letters of Understanding and Agreement (LUAs) are supervisory tools used by NCUA. An LUA is essentially a contract between NCUA and a credit union and/or its officials, in which the credit union or officials agree to take, or not take, certain specified actions. Normally, LUAs are negotiated when credit unions have not adequately responded to less severe measures, such as Documents of Resolution. NCUA also requires LUAs for newly chartered credit unions and to grant permanent special assistance. The Federal Credit Union Act requires that the NCUA Board publish and make available to the public “any written agreement or other written statement for which a violation may be enforced by the Board unless the Board, in its discretion, determines that publication would be contrary to public interest.” Violations of the terms of a published LUA constitute grounds for administrative actions. The NCUA Board may therefore take administrative actions against credit unions or officials that fail to comply with the terms of published LUAs.
NCUA Public Legal Opinions
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As a public service, and in an effort to help credit unions, lawyers, and others that have an interest in the legal issues affecting federally insured credit unions better understand the statutes and regulations administered by the NCUA, we publish certain staff legal opinions and interpretive letters going back to 1991. Users can search our legal opinions by the year issued, by subject and by title or keywords. The NCUA has not attempted to identify or publish all, or even most, letters on a particular subject prior to 1991, and there may be other letters that have not been selected for publication. Similarly, we generally do not review opinions or letters once they have been published for the purpose of flagging or removing those that may have become outdated, superseded or discredited, or that may have been revised, modified, revoked or suspended. Further, the letters’ conclusions may be limited to specific facts stated in the letters and do not necessarily apply to circumstances involving different or additional facts. The NCUA's Office of General Counsel is available to assist the public in determining whether a particular interpretation or opinion remains correct.
NCUA Approved Corporate Credit Union Service Organization Activities
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Approved corporate CUSO activities are presented in matrix form, under the following headings: Category (general class of service), Activity (specific service), Description of Service (explanation of service), and Activity Conditions (limitations or requirements on conducting the activity). All corporate CUSOs, when engaging in approved CUSO activities, must comply with all applicable laws and regulations, even if not specifically discussed in the matrix.
NCUA Administrative Orders
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Administrative Orders are formal enforcement orders issued by the NCUA pursuant to Section 206 of the Federal Credit Union Act (FCUA) (12 U.S.C. § 1786). Generally, the NCUA issues Administrative Orders when it finds that a credit union or persons affiliated with a credit union have violated a law, rule or regulation, breached a fiduciary duty, or engaged in an unsafe or unsound practice. The three most common orders issued by the NCUA include: an Order to Cease and Desist, which requires a party to take action (or refrain from taking action), including making restitution; an Order or Notice of Prohibition, which prohibits a party from ever working for a federally insured financial institution; and an Order Assessing Civil Money Penalties. Prior to the issuance of an Administrative Order, the Federal Credit Union Act provides due process rights, which include the ability to have an administrative hearing before the Office of Financial Institution Adjudication, and to appeal the agency's decision to issue an order to the U.S. Circuit Court of Appeals.