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PAG LIN 1 1 Section 1. Section 533.4, subsections 1, 4, 5, and 19, 1 2 Code 1995, are amended to read as follows: 1 3 1. Receivethe savings offrom its memberseither, 1 4 nonmembers as prescribed by rule where the credit union is 1 5 serving predominantly low-income members, other credit unions, 1 6 and federal, state, county, and city governments, aspayment1 7 payments on shares or as deposits, including the right to1 8conduct Christmas clubs, vacation clubs, and other such thrift1 9organizations within the membership. Rules adopted allowing 1 10 nonmember deposits in credit unions serving predominantly low- 1 11 income members shall be designed solely to meet the needs of 1 12 the low-income members. 1 13 4.DepositMake deposits in state and national banks, 1 14 state and federal savings banks or savings and loan 1 15 associations, and state and federal credit unions, the 1 16 accounts of which are insured by the federal deposit insurance 1 17 corporation or the national credit union share insurance fund. 1 18 5. Make investments in: 1 19 a. Time deposits in state and national banksand in state1 20banks, state and federal savings banks or savings and loan 1 21 associations, and state and federal credit unions, the 1 22 deposits of which are insured by the federal deposit insurance 1 23 corporation or the national credit union share insurance fund. 1 24 b. Obligations, participations, or other instruments of or 1 25 issued by, or fully guaranteed as to principal and interest by 1 26 the United States government or any agency thereof; or any 1 27 trust or trusts established for investing directly or 1 28 collectively in the same. 1 29 c. General obligations of the state of Iowa and any 1 30 subdivisionthereofof the state. 1 31d. Paid-up deposits of savings and loan associations, the1 32deposits of which are insured by the federal savings and loan1 33insurance corporation.1 34e.d. Purchase of notes of liquidating credit unions with 1 35 the approval of the superintendent. 2 1f.e. Shares and deposits in other credit unions. 2 2g.f. Shares, stocks, loans, and other obligations or a 2 3 combination thereof of an organization, corporation, or 2 4 association, provided the membership or ownership, as the case 2 5 may be, of the organization, corporation, or association is 2 6 primarily confined or restricted to credit unions or 2 7 organizations of credit unions and provided that the purpose 2 8 of the organization, corporation, or association is primarily 2 9 designed to provide services to credit unions, organizations 2 10 of credit unions, or credit union members. However, the 2 11 aggregate amount invested pursuant to this subsection shall 2 12 not exceed five percent of the assets of the credit union. 2 13h.g. Obligations issued by federal land banks, federal 2 14 intermediate credit banks, banks for cooperatives, or any or 2 15 all of the federal farm credit banks. 2 16i.h. Commercial paper issued by United States 2 17 corporations as defined by rule. 2 18j.i. Corporate bonds as defined by and subject to terms 2 19 and conditions imposed by the administrator, provided that the 2 20 administrator shall not approve investment in corporate bonds 2 21 unless the bonds are rated in the two highest grades of 2 22 corporate bonds by a nationally accepted rating agency, 2 23 including but not limited to a rating of AAA or AA from 2 24 Standard and Poors. 2 25 19. Establish one or more offices other than its main 2 26 office, subject to the approval and regulation of the 2 27 superintendent, if such officesshall beare reasonably 2 28 necessary to furnish service to its membership. A credit 2 29 union office may furnish all credit union services ordinarily 2 30 furnished to the membership at the principal place of business 2 31 of the credit union which operates the office. All 2 32 transactions of a credit union office shall be transmitted 2 33 daily to the principal place of business of the credit union 2 34 which operates the office, andnocurrent recordkeeping 2 35 functions shall not be maintained at a credit union office 3 1 except to the extent the credit union which operates the 3 2 office deems it desirable to keep at the office duplicates of 3 3 the records kept at the principal place of business of the 3 4 credit union. The central executive and official business 3 5 functions of a credit union shall be exercised only at the 3 6 principal place of business. 3 7 A credit union office shall not be opened without the prior 3 8 written approval of the superintendent. Upon application by a 3 9 credit union in the form prescribed by the superintendent, the 3 10 superintendent shall determine, after notice and hearing, if 3 11 the establishment of the credit union office is reasonably 3 12 necessary for service to, and is in the best interests of, the 3 13 members of the credit union. 3 14 Notwithstanding the provisions of this section, data 3 15 processing services and loan documentation recordkeeping 3 16 functions may be performed or located at an authorized credit 3 17 union office or at some other location, subject to the 3 18 approval of the superintendent. 3 19 Sec. 2. Section 533.6, subsection 2, Code 1995, is amended 3 20 to read as follows: 3 21 2. The superintendent may make or cause to be made an 3 22 examination of each credit union whenever the superintendent 3 23 believes such examination is necessary or advisable, but in no 3 24 event less frequently than once during each eighteen-month 3 25 period. A credit union designated as serving predominantly 3 26 low-income members shall be reviewed during each examination 3 27 to ensure that such credit union is continuing to meet the 3 28 standards established by rule of the superintendent. Each 3 29 credit union and all of its officers and agents shall give to 3 30 the representatives of the superintendent free access to all 3 31 books, papers, securities, records, and other sources of 3 32 information under their control. A report of such examination 3 33 shall be forwarded to the chairperson of each credit union 3 34 within thirty days after the completion of the examination. 3 35 Within thirty days of the receipt of this report, a meeting of 4 1 the directors shall be called to consider matters contained in 4 2 the report and the action taken shall be set forth in the 4 3 minutes of the board. The superintendent may accept, in lieu 4 4 of the examination of a credit union, an audit report 4 5 conducted by a certified public accounting firm selected from 4 6 a list of firms previously approved by the superintendent. 4 7 The cost of the audit shall be paid by the credit union. 4 8 Sec. 3. Section 533.16, subsection 3, Code 1995, is 4 9 amended to read as follows: 4 10 3. A director of a credit union may borrow from that 4 11 credit union under the provisions of this chapter, but the 4 12 rates, terms, and conditions of a loan or line of credit 4 13 either made to or endorsed or guaranteed by the director shall 4 14 not bemade on termsmore favorable thanthose extendedthe 4 15 rates, terms, or conditions of comparable loans or lines of 4 16 credit provided to other members.A director of a credit4 17union may borrow from that credit union to the extent and in4 18the amount of such director's holdings in the credit union in4 19shares and deposits. A director desiring to borrow from the4 20credit union an amount in excess of the director's holdings in4 21shares and deposits shall first submit application for4 22approval by the board of directors at a regular or special4 23meeting. The director making application for the loan shall4 24not be in attendance at the time the board of directors4 25considers the application and shall not take part in the4 26consideration. Prior to consideration of such loan, the4 27director must have submitted to the board a detailed current4 28financial statement.The aggregate amount of all director 4 29 loans and lines of credit shall not exceedtwentytwenty-five 4 30 percent of the assets of the credit union. 4 31 Sec. 4. Section 533.16, subsection 4, paragraph c, Code 4 32 1995, is amended by striking the paragraph and inserting in 4 33 lieu thereof the following: 4 34 c. A credit union which obtains a report or opinion by an 4 35 attorney or from another mortgage lender relating to defects 5 1 in or liens or encumbrances on the title to real property, the 5 2 unmarketability of the title to real property, or the in- 5 3 validity or unenforceability of liens or encumbrances on real 5 4 property, shall provide a copy of the report or opinion to the 5 5 mortgagor and the mortgagor's attorney. 5 6 Sec. 5. Section 533.17, subsection 1, unnumbered paragraph 5 7 1, Code 1995, is amended to read as follows: 5 8Immediately before the payment of a dividendAt the end of 5 9 each dividend period, but no less than quarterly, the gross 5 10 income of the credit union shalldetermine its gross earnings5 11 be determined. A legal reservefor contingenciesagainst 5 12 losses on loans and against such other losses as may be 5 13 specified by rule shall be set aside from the grossearnings5 14 income in accordance with the following schedule: 5 15 Sec. 6. Section 533.17, subsection 2, Code 1995, is 5 16 amended to read as follows: 5 17 2. For the purpose of establishing legal reserves, the 5 18 following shall not be considered risk assets: 5 19 a. Cash on hand. 5 20 b. Deposits and shares infederal or statefederally 5 21 insured banks, savings and loan associations, and credit 5 22 unions. 5 23 c. Assets which are insured by, fully guaranteed as to 5 24 principal and interest by, or due from the United States 5 25 government, its agencies, and instrumentalities. 5 26 d. Loans to other credit unions. 5 27 e. Student loans insured under the provisions of Title XX, 5 28 United States Code, section 1071 to section 1087 or similar 5 29 state programs. 5 30 f. Loans insured by the federal housing administration 5 31 under Title XII, United States Code, section 1703. 5 32 g. Loans fully insured or guaranteed by the federal 5 33 government, a state government, or any agency of either. 5 34g.h. Common trust investments which deal in investments 5 35 authorized in section 533.4. 6 1h.i. Prepaid expenses. 6 2i.j. Accrued interest on nonrisk investments. 6 3j.k. Furniture and equipment. 6 4k.l. Land and buildings. 6 5 m. Loans fully secured by a pledge of shares within the 6 6 credit union. 6 7 n. Deposits in the national credit union share insurance 6 8 fund. 6 9 o. Real estate loans in transit to the secondary market as 6 10 specified by rule. 6 11 Sec. 7. Section 533.18, Code 1995, is amended to read as 6 12 follows: 6 13 533.18 DIVIDENDS. 6 141.At such intervals and for such periods as the board of 6 15 directors may authorize, and aftertransfers to theprovision 6 16 for required reserves pursuant to section 533.17, the board of 6 17 directors may declare dividends at such rates and upon such 6 18 classes of shares as are determined by the board. Such 6 19 dividends shall be paid on all paid-up shares outstanding at 6 20 the close of the period for which the dividend is declared. 6 212. Shares which become fully paid up during such dividend6 22period and are outstanding at the close of period shall be6 23entitled to a proportional share of such dividend.6 243. Dividend credit for a month may be accrued on shares6 25which are or become fully paid up during the first fifteen6 26days of that month.6 27Sec. 8. NEW SECTION. 533.49 AUTHORITY TO LEASE SAFE 6 28 DEPOSIT BOXES. 6 29 1. A credit union may lease safe deposit boxes for the 6 30 storage of property on terms and conditions prescribed by it. 6 31 Such terms and conditions shall not bind any person to whom 6 32 the credit union does not give notice of the terms and condi- 6 33 tions by delivery of a lease and agreement in writing contain- 6 34 ing the terms and conditions. A credit union may limit its 6 35 liability provided such limitations are set forth in the lease 7 1 and agreement in at least the same size and type as the other 7 2 substantive provisions of the contract. 7 3 2. The lease and agreement of a safe deposit box may 7 4 provide that evidence tending to prove that property was left 7 5 in a safe deposit box upon the last entry by the member or the 7 6 member's authorized agent, and that the property or any part 7 7 of the property was found missing upon subsequent entry, is 7 8 not sufficient to raise a presumption that the property was 7 9 lost by any negligence or wrongdoing for which the credit 7 10 union is responsible, or put upon the credit union the burden 7 11 of proof that the alleged loss was not the fault of the credit 7 12 union. 7 13 3. A credit union may lease a safe deposit box to a minor. 7 14 A credit union may deal with a minor with respect to a safe 7 15 deposit lease and agreement without the consent of a parent, 7 16 guardian, or conservator and with the same effect as though 7 17 the minor were an adult. Any action of the minor with respect 7 18 to such safe deposit lease and agreement is binding on the 7 19 minor with the same effect as though the minor were an adult. 7 20 4. A credit union which has on file a power of attorney of 7 21 a member covering a safe deposit lease and agreement, which 7 22 has not been revoked by the member, shall incur no liability 7 23 as a result of continuing to honor the provisions of the power 7 24 of attorney in the event of the death or incompetence of the 7 25 donor of the power of attorney until the credit union receives 7 26 written notice of the death, or written notice of adjudication 7 27 by a court of the incompetence of the member and the 7 28 appointment of a guardian or conservator. 7 29 Sec. 9. NEW SECTION. 533.49A SEARCH PROCEDURE ON DEATH. 7 30 A credit union shall permit the person named in a court 7 31 order or, if no order has been served upon the credit union, 7 32 the spouse, a parent, an adult descendant, or a person named 7 33 as executor in a copy of a purported will produced by the 7 34 person, to open and examine the contents of a safe deposit box 7 35 leased by a decedent, or to examine any property delivered by 8 1 a decedent for safekeeping, in the presence of an officer of 8 2 the credit union. The credit union, if requested by such 8 3 person, and upon the credit union's receipt of the request, 8 4 shall deliver: 8 5 1. Any writing purported to be a will of the decedent to 8 6 the court having jurisdiction of the decedent's estate. 8 7 2. Any writing purported to be a deed to a burial plot, or 8 8 to give burial instructions, to the person making the request 8 9 for a search. 8 10 3. Any document purported to be an insurance policy on the 8 11 life of the decedent to the beneficiary named in the policy. 8 12 A credit union shall prepare and keep a list of any contents 8 13 delivered pursuant to this section describing the nature of 8 14 the property and the individual to whom delivered, and place a 8 15 copy of the list in the safe deposit box from which the con- 8 16 tents were removed. 8 17 Sec. 10. NEW SECTION. 533.49B ADVERSE CLAIMS TO PROPERTY 8 18 IN SAFE DEPOSIT AND SAFEKEEPING. 8 19 1. A credit union shall not be required, in the absence of 8 20 a court order or indemnity required by this section, to 8 21 recognize any claim to, or claim of authority to exercise 8 22 control over, property held in safe deposit or property held 8 23 for safekeeping pursuant to section 533.49D made by a person 8 24 or persons other than the following: 8 25 a. The member in whose name the property is held by the 8 26 credit union. 8 27 b. An individual or group of individuals who are 8 28 authorized to have access to the safe deposit box, or to the 8 29 property held for safekeeping, pursuant to a certified 8 30 corporate resolution or other written arrangement with the 8 31 member, currently on file with the credit union, which has not 8 32 been revoked by valid corporate action in the case of a 8 33 corporation, or by a valid agreement or other valid action 8 34 appropriate for the form of legal organization of any other 8 35 member, of which the credit union has received notice and 9 1 which is not the subject of a dispute known to the credit 9 2 union as to its original validity. The safe deposit and 9 3 safekeeping account records of a credit union shall be 9 4 presumptive evidence as to the identity of the member on whose 9 5 behalf the property is held. 9 6 2. To require a credit union to recognize an adverse claim 9 7 to, or adverse claim of authority to control, property held in 9 8 safe deposit or for safekeeping, whoever makes the claim must 9 9 do either of the following: 9 10 a. Obtain and serve on the credit union an appropriate 9 11 court order or judicial process directed to the credit union, 9 12 restraining any action with respect to the property until 9 13 further order of the court or instructing the credit union to 9 14 deliver the property, in whole or in part, as indicated in the 9 15 order or process. 9 16 b. Deliver to the credit union a bond, in form and amount 9 17 with sureties satisfactory to the credit union, indemnifying 9 18 the credit union against any liability, loss, or expense which 9 19 the credit union might incur because of its refusal to deliver 9 20 the property to any person described in subsection 1, 9 21 paragraph "a" or "b". 9 22 Sec. 11. NEW SECTION. 533.49C REMEDIES AND PROCEEDINGS 9 23 FOR NONPAYMENT OF RENT ON SAFE DEPOSIT BOX. 9 24 1. A credit union has a lien upon the contents of a safe 9 25 deposit box for past due rentals and any expense incurred in 9 26 opening the safe deposit box, replacement of the locks on the 9 27 safe deposit box, and of a sale made pursuant to this section. 9 28 If the rental of a safe deposit box is not paid within six 9 29 months from the day the rental is due, at any time after the 9 30 six months and while the rental remains unpaid, the credit 9 31 union shall mail a notice by restricted certified mail to the 9 32 member at the member's last known address as shown upon the 9 33 records of the credit union, stating that if the amount due 9 34 for the rental is not paid on or before a specified day, which 9 35 shall be at least thirty days after the date of mailing such 10 1 notice, the credit union will remove the contents of the safe 10 2 deposit box and hold the contents for the account of the 10 3 member. 10 4 2. If the rental for the safe deposit box has not been 10 5 paid after the expiration of the period specified in a notice 10 6 mailed pursuant to subsection 1, the credit union, in the 10 7 presence of two of its officers, may cause the box to be 10 8 opened and the contents removed. An inventory of the contents 10 9 of the safe deposit box shall be made by the two officers 10 10 present and the contents held by the credit union for the 10 11 account of the member. 10 12 3. If the contents are not claimed within two years after 10 13 their removal from the safe deposit box, the credit union may 10 14 proceed to sell so much of the contents as is necessary to pay 10 15 the past due rentals and expense incurred in opening the safe 10 16 deposit box, replacement of the locks on the safe deposit box, 10 17 and the sale of the contents. The sale shall be held at the 10 18 time and place specified in a notice published prior to the 10 19 sale once each week for two successive weeks in a newspaper of 10 20 general circulation published in the city or unincorporated 10 21 area in which the credit union has its principal place of 10 22 business, or if there is none, a newspaper of general circu- 10 23 lation published in the county, or in a county adjoining the 10 24 county, in which the credit union has its principal place of 10 25 business. A copy of the published notice shall be mailed to 10 26 the member at the member's last known address as shown upon 10 27 the records of the credit union. The notice shall contain the 10 28 name of the member and need only describe the contents of the 10 29 safe deposit box in general terms. The contents of any number 10 30 of safe deposit boxes may be sold under one notice of sale and 10 31 the cost of the sale apportioned ratably among the several 10 32 safe deposit box members involved. At the time and place 10 33 designated in the notice the contents taken from each 10 34 respective safe deposit box shall be sold separately to the 10 35 highest bidder for cash and the proceeds of each sale applied 11 1 to the rentals and expenses due to the credit union and the 11 2 residue from any such sale shall be held by the credit union 11 3 for the account of the member or members. An amount held as 11 4 proceeds from such sale shall be credited with interest at the 11 5 customary annual rate for savings accounts at the credit 11 6 union, or in lieu thereof, at the customary rate of interest 11 7 in the community where such proceeds are held. The crediting 11 8 of interest does not activate the account to avoid an 11 9 abandonment as unclaimed property under chapter 556. 11 10 4. Notwithstanding the provisions of this section, shares, 11 11 bonds, or other securities which, at the time of a sale pur- 11 12 suant to subsection 3, are listed on an established stock ex- 11 13 change in the United States, shall not be sold at public sale 11 14 but may be sold through an established stock exchange. Upon 11 15 making a sale of any such securities, an officer of the credit 11 16 union shall execute and attach to the securities so sold an 11 17 affidavit reciting facts showing that the securities were sold 11 18 pursuant to this section and that the credit union has 11 19 complied with the provisions of this section. The affidavit 11 20 constitutes sufficient authority to any corporation whose 11 21 shares are sold or to any registrar or transfer agent of such 11 22 corporation to cancel the certificates representing the shares 11 23 to the purchaser of the shares, and to any registrar, trustee, 11 24 or transfer agent of registered bonds or other securities, to 11 25 register any such bonds or other securities in the name of the 11 26 purchaser of the bonds or other securities. 11 27 5. The proceeds of any sale made pursuant to this section, 11 28 after the payment of any amounts with respect to which the 11 29 credit union has a lien, any property which was not offered 11 30 for sale and property which, although offered for sale, was 11 31 not sold, shall be retained by the credit union until such 11 32 time as the property is presumed abandoned according to 11 33 section 556.2, and shall be handled pursuant to chapter 556. 11 34 Sec. 12. NEW SECTION. 533.49D AUTHORITY TO RECEIVE 11 35 PROPERTY FOR SAFEKEEPING. 12 1 1. A credit union may accept property for safekeeping if, 12 2 except in the case of night depositories, the credit union 12 3 issues a receipt for the property. A credit union accepting 12 4 property for safekeeping shall purchase and maintain 12 5 reasonable insurance coverage to ensure against loss incurred 12 6 in connection with the acceptance of property for safekeeping. 12 7 Property held for safekeeping shall not be commingled with the 12 8 property of the credit union or the property of others. 12 9 2. A credit union has a lien upon any property held for 12 10 safekeeping and for expenses incurred in any sale made 12 11 pursuant to this subsection. If the charge for safekeeping of 12 12 property is not paid within six months from the day the charge 12 13 is due, at any time after the six months and while the charge 12 14 remains unpaid, the credit union may mail a notice to the 12 15 member at the member's last known address as shown upon the 12 16 records of the credit union, stating that if the amount due is 12 17 not paid on or before a specified day, which shall be at least 12 18 thirty days after the date of mailing the notice, the credit 12 19 union will remove the property from safekeeping and hold the 12 20 property for the account of the member. After the expiration 12 21 of the period specified in the notice, if the charge for 12 22 safekeeping has not been paid, the credit union may remove the 12 23 property from safekeeping, cause the property to be 12 24 inventoried, and hold the property for the account of the 12 25 member. If the property is not claimed within two years after 12 26 its removal from safekeeping the credit union may proceed to 12 27 sell so much of the property as is necessary to pay the charge 12 28 which remains unpaid and the expense incurred in making the 12 29 sale in the manner provided for in section 533.49C, 12 30 subsections 3 and 4. The proceeds of any sale made pursuant 12 31 to this section, after payment of any amounts with respect to 12 32 which the credit union has a lien, any property which was not 12 33 offered for sale, and property which, although offered for 12 34 sale, was not sold, shall be retained by the credit union 12 35 until such time as the property is presumed abandoned 13 1 according to section 556.2, and shall be handled pursuant to 13 2 chapter 556. 13 3 Sec. 13. Section 533.61, subsection 2, Code 1995, is 13 4 amended by adding the following new paragraph: 13 5 NEW PARAGRAPH. f. A list of credit unions which have been 13 6 designated as serving predominantly low-income members 13 7 pursuant to section 533.4, subsection 1. 13 8 Sec. 14. Section 533.62, subsection 4, Code 1995, is 13 9 amended by striking the subsection and inserting in lieu 13 10 thereof the following: 13 11 4. a. A loan of money or property shall not be made 13 12 directly or indirectly by a state-chartered credit union, or 13 13 by its officers, directors, or employees, to the 13 14 superintendent, deputy, or employee of the credit union 13 15 division. The superintendent, deputy, or employee of the 13 16 credit union division shall not accept from a state-chartered 13 17 credit union, or its officers, directors, or employees, a loan 13 18 of money or property, either directly or indirectly. 13 19 b. The superintendent, deputy, or employee of the credit 13 20 union division shall not perform any services for or be an 13 21 officer, director, or employee of a state-chartered credit 13 22 union. 13 23 c. A person who willfully undertakes to establish a 13 24 business dealing contrary to this section commits a serious 13 25 misdemeanor, and shall be permanently disqualified from acting 13 26 as an officer, director, or employee of a state-chartered 13 27 credit union and permanently disqualified from acting as 13 28 superintendent, deputy, or employee of the credit union 13 29 division. 13 30 d. The superintendent, deputy, or employee of the credit 13 31 union division who is convicted of theft, burglary, robbery, 13 32 larceny, or embezzlement as a result of a violation of the 13 33 laws of any state or of the United States while holding such 13 34 position shall be immediately disqualified from employment and 13 35 shall be forever disqualified from holding any position in the 14 1 credit union division. 14 2 SF 376 14 3 mj/cc/26
Text: SF00375 Text: SF00377 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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