SB351: Bill Text

SB351, s. 201 Section 201. 186.23 of the statutes is renumbered 186.235 (8) and amended to read:

SB351,53,18 186.235 (8) (title) Rules and regulations. The commissioner shall, with the approval of the credit union review board, issue orders prescribing reasonable promulgate rules and regulations in conducting relating to the business of credit unions or corporations operating as provided in this chapter and it may in like manner issue orders amending, modifying, repealing or supplementing rules or orders. The violation of any such rule may be cause for the removal of any officer, director or employe of any credit union or corporation.

SB351, s. 202 Section 202. 186.235 (title) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

SB351,53,21 186.235 (title) Office of credit unions.

SB351, s. 203 Section 203. 186.235 (1) of the statutes is created to read:

SB351,53,24 186.235 (1) Supervision. A credit union shall be under the control and supervision of the commissioner.

SB351, s. 204 Section 204. 186.235 (1) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

SB351,54,4 186.235 (1) Supervision. A credit union shall be under the control and supervision of the commissioner office of credit unions.

SB351, s. 205 Section 205. 186.235 (1m) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed.

SB351, s. 206 Section 206. 186.235 (2) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

SB351,54,10 186.235 (2) Enforcement. The office of credit unions shall enforce this chapter and other laws relating to credit unions.

SB351, s. 207 Section 207. 186.235 (3) of the statutes is created to read:

SB351,54,13 186.235 (3) Full-time duties. The commissioner and deputy commissioner shall devote full time to their respective positions.

SB351, s. 208 Section 208. 186.235 (3) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

SB351,54,18 186.235 (3) Full-time duties. The commissioner and deputy commissioner administrator of the office of credit unions shall devote full time to their respective positions his or her position.

SB351, s. 209 Section 209. 186.235 (3m) of the statutes is created to read:

SB351,54,22 186.235 (3m) Conflicts of interest. The commissioner, or any employe of the office of the commissioner, may not serve as a director or officer of a credit union or any other organization that is under the supervision of the office of the commissioner.

SB351, s. 210 Section 210. 186.235 (3m) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

SB351,55,4 186.235 (3m) Conflicts of interest. The commissioner, or any No employe of the office of the commissioner, credit unions may not serve as a director or officer of a credit union or any other organization that is under the supervision of the office of the commissioner credit unions.

SB351, s. 211 Section 211. 186.235 (4) of the statutes is created to read:

SB351,55,8 186.235 (4) Bond required. A person who is appointed to or employed by the office of the commissioner shall furnish a surety bond in an amount authorized by the commissioner.

SB351, s. 212 Section 212. 186.235 (4) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

SB351,55,13 186.235 (4) Bond required. A person who is appointed to or employed by the office of the commissioner credit unions shall furnish a surety bond in an amount authorized by the commissioner office.

SB351, s. 213 Section 213. 186.235 (5) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

SB351,55,20 186.235 (5) (title) Immunity of commissioner office of credit unions. The commissioner office of credit unions shall not be subject to any civil liability or penalty, or to any criminal prosecution, for any error in judgment or discretion made in good faith and upon reasonable grounds in any action taken or omitted by the commissioner office of credit unions in an official capacity.

SB351, s. 214 Section 214. 186.235 (7) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

SB351,56,2 186.235 (7) (a) (intro.) The commissioner, all other officers and employes Employes of the office of the commissioner, credit unions and members of the review board shall keep secret all the facts and information obtained in the course of examinations, except in any of the following situations:

SB351, s. 215 Section 215. 186.235 (7) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

SB351,56,6 186.235 (7) (b) Notwithstanding par. (a) and unless otherwise provided by rule, the commissioner office of credit unions may do any of the following:

SB351,56,9 1. Furnish to the national board a copy of any examination made by the commissioner's office of credit unions of any credit union or of any report made by the credit union.

SB351,56,12 2. Give access to and disclose to the national board any information possessed by the commissioner office of credit unions about the conditions or affairs of any credit union whose savings are insured by federal share insurance.

SB351, s. 216 Section 216. 186.235 (8) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

SB351,56,16 186.235 (8) Rules. The office of credit unions shall, with the approval of the credit union review board, promulgate rules relating to the business of credit unions.

SB351, s. 217 Section 217. 186.235 (9) of the statutes is created to read:

SB351,56,21 186.235 (9) Charter revocation. The commissioner shall report to the department of justice any credit union that conducts its business in violation of this chapter. The department of justice may bring an action to revoke the credit union's articles of incorporation.

SB351, s. 218 Section 218. 186.235 (9) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

SB351,57,2 186.235 (9) Charter revocation. The commissioner office of credit unions shall report to the department of justice any credit union that conducts its business in violation of this chapter. The department of justice may bring an action to revoke the credit union's articles of incorporation.

SB351, s. 219 Section 219. 186.235 (10) of the statutes is created to read:

SB351,57,5 186.235 (10) Removal. (a) The commissioner may remove an officer, director, committee member or employe of a credit union if any of the following applies:

SB351,57,9 1. The policies or practices of the officer, director, committee member or employe are prejudicial to the best interest of the credit union, endanger or will endanger the safety or solvency of the credit union, or impair the interests of the members.

SB351,57,12 2. The officer, director, committee member or employe violates or permits the violation of this chapter, a rule promulgated under this chapter or an order of the commissioner.

SB351,57,15 (b) An officer, director, committee member or employe removed by the commissioner under par. (a) shall be given an opportunity for a hearing before the review board within 30 days after the date on which the removal order is issued.

SB351,57,24 (c) An order of removal takes effect on the date on which it is issued. A copy of the order shall be served upon the credit union and upon the officer, director, committee member or employe in the manner provided by law or by mailing a copy to the credit union and officer, director, committee member or employe at their last-known post-office addresses. An officer, director, committee member or employe who is removed from office or employment under this subsection may not be elected as an officer or director of, or be employed by, a credit union without the approval of the commissioner and the review board. An order of removal under this subsection is a final order or determination of the review board under s. 186.015.

SB351,58,3 (d) The commissioner may appoint any member of the credit union to fill a vacancy caused by a removal under this subsection. The person who is appointed shall hold office until the next annual meeting of the membership.

SB351, s. 220 Section 220. 186.235 (10) (a) (intro.) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

SB351,58,8 186.235 (10) (a) (intro.) The commissioner office of credit unions may remove an officer, director, committee member or employe of a credit union if any of the following applies:

SB351, s. 221 Section 221. 186.235 (10) (a) 2. of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

SB351,58,13 186.235 (10) (a) 2. The officer, director, committee member or employe violates or permits the violation of this chapter, a rule promulgated under this chapter or an order of the commissioner office of credit unions.

SB351, s. 222 Section 222. 186.235 (10) (b) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

SB351,58,19 186.235 (10) (b) An officer, director, committee member or employe removed by the commissioner office of credit unions under par. (a) shall be given an opportunity for a hearing before the review board within 30 days after the date on which the removal order is issued.

SB351, s. 223 Section 223. 186.235 (10) (c) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

SB351,59,6 186.235 (10) (c) An order of removal takes effect on the date on which it is issued. A copy of the order shall be served upon the credit union and upon the officer, director, committee member or employe in the manner provided by law or by mailing a copy to the credit union and officer, director, committee member or employe at their last-known post-office addresses. An officer, director, committee member or employe who is removed from office or employment under this subsection may not be elected as an officer or director of, or be employed by, a credit union without the approval of the commissioner office of credit unions and the review board. An order of removal under this subsection is a final order or determination of the review board under s. 186.015.

SB351, s. 224 Section 224. 186.235 (10) (d) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

SB351,59,12 186.235 (10) (d) The commissioner office of credit unions may appoint any member of the credit union to fill a vacancy caused by a removal under this subsection. The person who is appointed shall hold office until the next annual meeting of the membership.

SB351, s. 225 Section 225. 186.235 (11) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

SB351,59,18 186.235 (11) Possession by office. (a) Conditions for taking possession. The office of credit unions may take possession and control of the business and property of any credit union if the credit union violates this chapter or if the credit union does any of the following:

SB351,59,19 1. Conducts its business contrary to law.

SB351,59,20 2. Violates its charter, or any law.

SB351,59,21 3. Conducts its business in an unauthorized or unsafe manner.

SB351,59,22 4. Has an impairment of its capital.

SB351,59,23 5. Suspends payment of its obligations.

SB351,59,25 6. Neglects or refuses to comply with the terms of an order of the office of credit unions.

SB351,60,2 7. Refuses to submit its books, papers, records, accounts or affairs for inspection to a credit union examiner.

SB351,60,3 8. Refuses to be examined upon oath regarding its affairs.

SB351,60,4 9. Receives notice of intent to terminate insured status by the national board.

SB351,60,11 (b) Suspension. 1. The office of credit unions may suspend, for a period of up to 120 days, an officer, director, committee member or employe of a credit union from engaging in credit union business if the office of credit unions finds the existence of any condition under par. (a) 1. to 9. The office of credit unions may renew a suspension under this subdivision any number of times and for periods of up to 120 days if the office of credit unions finds that the condition or conditions continue to exist.

SB351,60,14 2. The office of credit unions shall suspend the business of a credit union, other than a corporate central credit union, if the credit union does not comply with s. 186.34.

SB351,60,17 (c) Possession by office of credit unions. 1. The office of credit unions may take possession of the business and property of a credit union if the office finds the existence of any condition under par. (a) 1. to 9.

SB351,60,20 2. The office of credit unions shall take possession of the business and property of a credit union that violates s. 186.34, unless the office approves a merger under s. 186.31.

SB351,60,22 (d) Procedure on taking possession. Upon taking possession of the business and property of a credit union, the office of credit unions shall:

SB351,61,3 1. Serve a notice in writing upon the president and secretary of the credit union stating that the office of credit unions has taken possession and control of the business and property of the credit union. The notice shall be executed in duplicate, and immediately after service, one of the notices shall be filed with the clerk of the circuit court of the county in which the credit union is located together with proof of service.

SB351,61,6 2. Give notice to all individuals, partnerships, corporations, limited liability companies and associations known to the office of credit unions to be holding or in possession of any assets of the credit union.

SB351,61,22 (dg) Special deputies. The office of credit unions may appoint one or more special deputies as agent to assist in the duty of liquidation and distribution of the assets of one or more credit unions whose business and property the office of credit unions holds. A certificate of appointment shall be filed in the office of credit unions and a certified copy in the office of the clerk of the circuit court for the county in which the credit union is located. The office of credit unions may employ counsel and procure expert assistance and advice as necessary in the liquidation and distribution of the assets of the credit union, and may retain any officers or employes of the credit union that the office of credit unions considers to be necessary. The special deputies and assistants shall furnish security for the faithful discharge of their duties in an amount that the office of credit unions considers to be necessary. The special deputies may execute, acknowledge and deliver any deeds, assignments, releases or other instruments necessary to effect any sale and transfer or incumbrance of real estate or personal property and may borrow money for use in the liquidation after the liquidation has been approved by the office of credit unions and an order obtained from the circuit court of the county in which the credit union is located.

SB351,62,7 (dr) Special deputy duties. Upon taking possession of the property and business of the credit union, a special deputy is authorized to collect all moneys due to the credit union, and to do other acts necessary to conserve its assets and business, and shall proceed to liquidate the affairs of the credit union. The special deputy shall collect all debts due and claims belonging to the credit union, and upon a petition approved by the office of credit unions and upon order of the circuit court of the county in which the credit union is located, may sell or compound all bad or doubtful debts, or do any act or execute any other necessary instruments and upon petition and order may sell all the real and personal property of the credit union on such terms as the court shall approve.

SB351,62,21 (e) Notice, allowance and payment of claims. The special deputy shall publish a class 3 notice, under ch. 985, calling on all persons who may have a claim against the credit union to present the claim to the special deputy and make legal proof of the claim at a place and within a time, not earlier than the last day of publication, to be specified in the notice. The special deputy shall mail a similar notice to all persons, at their last-known address, whose names appear as creditors upon the books of the credit union. Proof of service of the notice shall be filed with the clerk of court. The special deputy may reject any claim. Any party interested may also file written objections to any claim with the special deputy and, after notice by registered mail of the rejection, the claimant shall be barred unless the claimant commences an action on the claim within 3 months. Claims presented after the expiration of the time fixed in the notice shall be entitled to an equitable share from the distribution of any assets remaining in the hands of the special deputy after properly filed claims have been paid.

SB351,63,6 (f) Inventory of assets and statement of liabilities. Upon taking possession of the property and assets of the credit union, the special deputy shall make an inventory of the assets of the credit union, in duplicate, one to be filed in the office of credit unions and one in the office of the clerk of circuit court for the county in which the credit union is located. Upon the expiration of the time fixed for the presentation of claims, the special deputy shall make in duplicate a full and complete list of the claims presented, including and specifying the claims rejected by the special deputy, one to be filed in the office of credit unions, and one in the office of the clerk of circuit court for the county in which the credit union is located. The inventory and list of claims shall be open at all reasonable times to inspection.

SB351,63,17 (g) Adjustment of loans and withdrawal value of shares. The value of shares pledged upon a loan to the credit union shall be applied and credited to the loan and the borrower shall be liable only for the balance. The rate of interest charged upon the balance shall be the legal rate. Upon the approval of the value by the office of credit unions and the circuit court of the county in which the credit union is located, the book value of each member may be reduced proportionately. At least 5 days' written notice of the determination of value shall be given to all shareholders of the time and place the value shall be submitted to the circuit court for approval. Approval of the circuit court shall be by an order entered under s. 807.11 (2). Any stockholder or creditor of the credit union aggrieved by the determination of value may appeal to the court of appeals.

SB351,64,4 (h) Compensation and expenses in connection with liquidation. The compensation of the special deputies, counsel and other employes and assistants, and all expenses of supervision and liquidation shall be fixed by the office of credit unions, subject to the approval of the circuit court for the county in which the credit union is located, and shall upon the certificate of the office of credit unions be paid out of the funds of the credit union. Expenses of supervision and liquidation include the cost of the services rendered by the office of credit unions to the credit union being liquidated. The cost of these services shall be determined by the office of credit unions and paid to the office from the assets of the credit union as other expenses of liquidation are paid. The moneys collected by the special deputy shall be deposited in a corporate central credit union, and, in case of the suspension or insolvency of a depository, such deposits shall be preferred before all other deposits.

SB351,64,11 (i) Liquidating dividends. At any time after the expiration of the date fixed for the presentation of claims, the special deputy in charge of the liquidation of the credit union may, upon a petition approved by the office of credit unions and an order of the circuit court of the county in which the credit union is located, out of the funds remaining, after the payment of expenses and debts, declare one or more dividends, and may declare a final dividend to be paid to such persons, and in such amounts as may be directed by the circuit court.

SB351,64,19 (j) Title passes to office of credit unions. Immediately upon filing the notice under par. (d), the possession of all assets and property of the credit union shall be considered to be transferred from the credit union to and assumed by the office of credit unions. The filing of the notice shall of itself, and without the execution or delivery of any instruments of conveyance, assignment, transfer or endorsement, vest the title to all such assets and property in the office of credit unions. The filing shall also operate as a bar to any attachment, garnishment, execution or other legal proceedings against the credit union, or its assets and property, or its liabilities.

SB351,64,23 (k) Effect of possession. No credit union shall have a lien, or charge for any payment, advance or clearance made, or liability thereafter incurred, against any of the assets of the credit union of whose property and business the office of credit unions shall have taken possession.

SB351,65,10 (L) Appeal. If a credit union whose property and business the office of credit unions has taken possession of considers itself aggrieved by the office's action, it may, at any time within 30 days after the date of the taking, appeal to the credit union review board for relief from the possession by the office of credit unions. If the credit union review board sustains the office of credit unions, the credit union may, at any time within 30 days after the decision of the credit union review board, apply to the circuit court of the county in which the credit union is located to enjoin further proceedings. The court, after citing the office of credit unions to show cause why further proceedings should not be enjoined and after hearing all allegations and proofs of the parties and determining the facts, may upon the merits dismiss the application or enjoin the office of credit unions from further proceedings, and may direct the office to surrender the business and property to the credit union.

SB351,65,13 (m) Reinstatement. After the office of credit unions takes over the possession and control of the business and property of a credit union, the credit union may resume business if all of the following apply:

SB351,65,16 1. The owners of at least two-thirds of the credit union dollar value of outstanding shares execute a petition to resume business, the form of which petition shall be prescribed by the office of credit unions.

SB351,65,19 2. There is submitted to the office of credit unions by the shareholders, or a committee selected by them, a plan for the reorganization and reinstatement of the credit union.

SB351,65,21 3. A request for continuation of federal share insurance has been submitted and accepted.

SB351,65,23 4. The office of credit unions recommends that control of the business and property of the credit union be returned to the shareholders.

SB351,66,2 5. The court in which the liquidation is pending, upon application of the office of credit unions, makes an order approving the office's recommendations, which order shall contain a finding that the credit union will be in a safe and sound condition when control is resumed by the shareholders.

SB351,66,12 (n) Reinstatement upon restricted basis. In addition to the procedure under par. (m), a credit union may resume business upon a restricted basis, and upon such limitations and conditions as may be prescribed by the office of credit unions when approved by the circuit court for the county in which the credit union is located, upon application of the office of credit unions. The restrictions and conditions may include a prohibition against the selling of new shares, reasonable restrictions upon withdrawals and the payment of other liabilities. On approval, the credit union shall be relieved from the control and supervision of the office of credit unions, but the approval does not prohibit the office from again proceeding against the credit union if conditions warrant the office's action.