Fla. Admin. Code Ann. R. 69U-110.026 - Supervisory/Audit Committee; Audit
(1) Audit
Committee. In lieu of establishing a supervisory committee, a credit union may
elect or appoint an audit committee in compliance with the following
conditions:
(a) The credit union's bylaws must
be amended to provide for an audit committee, to set forth the membership of
the audit committee, and to establish whether the members of the audit
committee are appointed or elected to such position;
(b) Directors shall not perform or
participate in any audits; and,
(c)
If the membership of the audit committee consists entirely of directors of the
credit union, then the annual audit to comply with Section
655.045, F.S., must be performed
by a certified public accountant licensed to practice in the State of Florida.
This does not prevent the credit union from hiring an internal auditor to
perform periodic audits, however, these audits will not be accepted as
compliance with the annual audit requirements of Section
655.045,
F.S.
(2) The supervisory
or audit committee of each state chartered credit union shall perform, or cause
to be performed, an annual audit of the credit union in each calendar year and
within 15 months of the previous audit. The complete audit, including all
summaries, reports, drafts, work papers, and similar documents, shall be made
available upon request to the OFR for examination, copying, and review at the
credit union's principal place of business. The annual audit shall be performed
in such a manner as to ensure the maintenance of account insurance as required
by Section 657.033(9),
F.S., as provided in 12
C.F.R. §
741.202 (1-1-2020 Edition),
which is hereby incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13204
and the OFR's website, www.flofr.gov.
(3) Content, Submission and Review of Audit
Reports. Within 90 days after the completion of the audit, and within 45 days
of acceptance by the board of directors, the board of directors shall submit
with the report or shall be included in the report the following to the OFR:
(a) The date or dates on which the audit was
conducted and the completion date;
(b) A statement of condition as of the audit
date;
(c) A statement of income and
expense for the calendar period year-to-date;
(d) A statement describing the audit findings
and recommendations; and,
(e) The
credit union's response to the audit findings and
recommendations.
(4) OFR
shall review each audit and, if it finds that the audit does not
comprehensively address all relevant areas of concern or accurately reflect the
condition of the credit union, OFR shall require an audit pursuant to section
655.045(3)(a),
F.S.
Notes
Rulemaking Authority 655.012(2), 657.026(3)(a) FS. Law Implemented 655.045, 657.026, 657.033(9) FS.
New 7-25-66, Formerly 3-5.08, Amended 10-21-75, Formerly 3D-10.10, Amended 10-13-81, Formerly 3C-30.10, 3C-30.010, Amended 10-8-95, Formerly 3C-110.026, Amended 3-6-07, 6-28-21.
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