DFI-CU 72.06(13)
(13) Identification of those individuals prohibited from receiving member business loans.
DFI-CU 72.06(14)
(14) Guidelines for purchase and sale of member business loans and loan participations, if the credit union intends to engage in these activities.
DFI-CU 72.06 Note
Note: The Office of Credit Unions recognizes that all of the provisions of the policy may not apply to every loan.
DFI-CU 72.06 History
History: CR 02-034: cr.
Register August 2002 No. 560, eff. 9-1-02.
DFI-CU 72.07
DFI-CU 72.07 Collateral and security requirements. Unless granted a waiver by the director, all of the following shall apply:
DFI-CU 72.07(1)
(1) All member business loans shall be secured by collateral in accordance with this section, except for the following:
DFI-CU 72.07(1)(a)
(a) A credit card line of credit granted to nonnatural persons that is limited to routine purposes normally made available under such lines of credit.
DFI-CU 72.07(1)(b)
(b) A loan made by a credit union where the loan and the credit union meet all of the following:
DFI-CU 72.07(1)(b)1.
1. The amount of the loan or loans to any one individual does not exceed 1% of the credit union's net worth.
DFI-CU 72.07(1)(b)2.
2. The aggregate of the unsecured business loans under this paragraph does not exceed 10% of the credit union's net worth.
DFI-CU 72.07(1)(b)4.
4. The credit union submits reports to the Office of Credit Unions with its NCUA call reports providing numbers and such other details as may be required by the director to demonstrate compliance with this paragraph.
DFI-CU 72.07(2)
(2) For a member business loan secured by collateral on which the credit union will have a first lien, a credit union may grant the loan with an LTV ratio in excess of 80% only where the value in excess of 80% is as follows:
DFI-CU 72.07(2)(a)
(a) Covered through acquisition of private mortgage or equivalent type insurance provided by an insurer acceptable to the credit union, and the LTV ratio does not exceed 95%; or
DFI-CU 72.07(2)(b)
(b) Insured or guaranteed, or subject to advance commitment to purchase, by an agency of the federal government, state, or any of its political subdivisions, and the LTV ratio does not exceed 95%.
DFI-CU 72.07(3)
(3) For a member business loan secured by collateral on which the credit union will have a second or lesser priority lien, the credit union shall not grant the loan with an LTV ratio in excess of 80%.
DFI-CU 72.07(4)
(4) For a member business loan secured by the same collateral on which the credit union will have a first lien as well as other lesser priority liens, the credit union may grant the loan with an LTV ratio in excess of 80% only if
sub. (2) (a) or
(b) is satisfied. In no case shall the LTV ratio exceed 95%.
DFI-CU 72.07(5)
(5) For a member business loan secured by the collateral on which the credit union will have lesser priority liens but no first lien, the credit union shall not grant the loan with an LTV ratio in excess of 80%.
DFI-CU 72.07 History
History: CR 02-034: cr.
Register August 2002 No. 560, eff. 9-1-02.
DFI-CU 72.08
DFI-CU 72.08 Amount of loan. Unless the director grants a waiver for a higher amount, the aggregate amount of business loans to a member or associated members shall not exceed 15% of the credit union's net worth or $100,000.00, whichever is greater.
DFI-CU 72.08 History
History: CR 02-034: cr.
Register August 2002 No. 560, eff. 9-1-02.
DFI-CU 72.09
DFI-CU 72.09 Calculating the aggregate 15% limit. To calculate the aggregate 15% limitation, the credit union shall do the following:
DFI-CU 72.09(1)
(1) Calculate the numerator by adding together the amount of the member business loans to a member and associated members, if any. From this amount, the credit union shall subtract each of the following:
DFI-CU 72.09(1)(a)
(a) Any portion secured by shares or deposits in the credit union making the extension of credit or in other credit unions, or deposits in other financial institutions.
DFI-CU 72.09(1)(b)
(b) Any portion insured or guaranteed by any agency or subdivision of the state or federal government.
DFI-CU 72.09(1)(c)
(c) Any portion subject to an advance commitment to purchase by any agency or subdivision of the state or federal government.
DFI-CU 72.09(2)
(2) After completing the calculation in
sub. (1), divide the numerator by the credit union's net worth.
DFI-CU 72.09 History
History: CR 02-034: cr.
Register August 2002 No. 560, eff. 9-1-02.
DFI-CU 72.10
DFI-CU 72.10 Available waivers. A credit union may seek a waiver for any of the following:
DFI-CU 72.10(4)
(4) Appraisal requirements under section 722.3 of NCUA rules.
DFI-CU 72.10 Note
Note: A copy of NCUA rules may be obtained by writing to the Office of Credit Unions, P.O. Box 14137, Madison, WI 53714-0137.
DFI-CU 72.10 History
History: CR 02-034: cr.
Register August 2002 No. 560, eff. 9-1-02.
DFI-CU 72.11(1)
(1) To obtain a waiver under
s. DFI-CU 72.10, a credit union shall submit a request to the director. The request shall contain all of the following:
DFI-CU 72.11(1)(d)
(d) Documentation supporting the credit union's ability to manage this activity.
DFI-CU 72.11(1)(e)
(e) An analysis of the credit union's prior experience making member business loans, including each of the following:
DFI-CU 72.11(1)(e)4.
4. Concentrations of credit to a member and associated members in excess of 15% of net worth.
DFI-CU 72.11(1)(e)7.
7. The qualifications of personnel responsible for underwriting and administering member business loans.
DFI-CU 72.11(2)
(2) Upon receipt of the request for waiver, the director shall do all of the following:
DFI-CU 72.11(2)(c)
(c) Consider the credit union's historical capital, asset, quality, management, earnings and liquidity (“CAMEL") composite and component ratings.
DFI-CU 72.11(2)(d)
(d) Notify the credit union when the waiver request is deemed complete.
DFI-CU 72.11(2)(e)
(e) Notify the credit union of the action taken within 45 calendar days of receiving a complete request.
DFI-CU 72.11(3)(a)
(a) The director shall provide a copy of the waiver request to the applicable regional director of the NCUA, and shall consult and seek to work cooperatively with the applicable regional director in deciding upon the request.
DFI-CU 72.11(3)(c)
(c) If the credit union requesting the waiver does not receive notification within 45 calendar days of the date the complete request was received by the director, the waiver request shall be deemed approved by the director.
DFI-CU 72.11(3)(d)
(d) The director shall promptly notify the applicable regional director of NCUA of his or her decision on the request.
DFI-CU 72.11(4)(a)
(a) If the director approves the request, the director shall promptly forward the request to the applicable regional director of the NCUA for decision under
12 CFR 723.12.
DFI-CU 72.11 History
History: CR 02-034: cr.
Register August 2002 No. 560, eff. 9-1-02.
DFI-CU 72.14
DFI-CU 72.14 Aggregate member business loan limit. The aggregate limit on the amount of a credit union's member business loans is the lesser of 1.75 times the credit union's net worth or 12.25% of the credit union's total assets.
DFI-CU 72.14 History
History: CR 02-034: cr.
Register August 2002 No. 560, eff. 9-1-02.
DFI-CU 72.15
DFI-CU 72.15 Exceptions to the aggregate business loan limit. Credit unions that meet any one of the following criteria qualify for an exception from the aggregate member business loan limit:
DFI-CU 72.15(2)
(2) Credit unions that participate in the Community Development Financial Institutions program.
DFI-CU 72.15(3)
(3) Credit unions that are chartered for the purpose of making member business loans, as supported by documentary evidence.
DFI-CU 72.15 Note
Example: The credit union's charter, bylaws, business plan, field of membership, board minutes and loan portfolio.
DFI-CU 72.15 History
History: CR 02-034: cr.
Register August 2002 No. 560, eff. 9-1-02.
DFI-CU 72.16(2)
(2) To obtain an exception under
s. DFI-CU 72.15 (3), a credit union shall submit its request to the director. An exception shall not be effective until approved by the director. The exception request shall include documentation demonstrating that the credit union meets the criteria for the exception. The exception shall not expire unless revoked for safety and soundness reasons by the director.
DFI-CU 72.16(3)
(3) The director shall promptly notify the applicable region of the NCUA of his or her decision on the request.
DFI-CU 72.16 History
History: CR 02-034: cr.
Register August 2002 No. 560, eff. 9-1-02.
DFI-CU 72.17
DFI-CU 72.17 Record keeping requirements. A credit union shall separately identify member business loans in its records. On its financial reports, a credit union shall identify member business loans in the aggregate.
DFI-CU 72.17 History
History: CR 02-034: cr.
Register August 2002 No. 560, eff. 9-1-02.
