An insured credit union that has, on August 7, 1998, a total amount of outstanding member business loans that exceeds the amount permitted under subsection (a) shall, not later than 3 years after August 7, 1998, reduce the total amount of outstanding member business loans to an amount that is not greater than the amount permitted under subsection (a).
12 U.S. Code § 1757a - Limitation on member business loans
(a) In generalOn and after August 7, 1998, no insured credit union may make any member business loan that would result in a total amount of such loans outstanding at that credit union at any one time equal to more than the lesser of—
1.75 times the actual net worth of the credit union; or
(b) ExceptionsSubsection (a) does not apply in the case of—
(c) DefinitionsAs used in this section—
(1) the term “member business loan”—
means any loan, line of credit, or letter of credit, the proceeds of which will be used for a commercial, corporate or other business investment property or venture, or agricultural purpose; and
(B) does not include an extension of credit—
that is fully secured by shares in the credit union making the extension of credit or deposits in other financial institutions;
that is described in subparagraph (A), if it was made to a borrower or an associated member that has a total of all such extensions of credit in an amount equal to less than $50,000;
the repayment of which is fully insured or fully guaranteed by, or where there is an advance commitment to purchase in full by, any agency of the Federal Government or of a State, or any political subdivision thereof; or
that is granted by a corporate credit union (as that term is defined by the Board) to another credit union.
(2) the term “net worth”—
with respect to any insured credit union, means the credit union’s retained earnings balance, as determined under generally accepted accounting principles; and
(B) with respect to a credit union that serves predominantly low-income members, as defined by the Board, includes secondary capital accounts that are—
subordinate to all other claims against the credit union, including the claims of creditors, shareholders, and the Fund; and
the term “associated member” means any member having a shared ownership, investment, or other pecuniary interest in a business or commercial endeavor with the borrower.
(d) Effect on existing loans
(e) Consultation and cooperation with State credit union supervisors
2018—Subsec. (c)(1)(B)(i). Pub. L. 115–174 struck out “that is the primary residence of a member” after “dwelling”.
Statutory Notes and Related Subsidiaries
Rule of Construction
“Nothing in this section [amending this section] or the amendment made by this section shall preclude the National Credit Union Administration from treating an extension of credit that is fully secured by a lien on a 1- to 4-family dwelling that is not the primary residence of a member as a member business loan for purposes other than the member business loan limitation requirements under section 107A of the Federal Credit Union Act (12 U.S.C. 1757a).”
The following state regulations pages link to this page.