1995 Wisconsin Act 151

186.095 (1) The effects of the action on employes, suppliers and customers, members of the credit union and the public.

151,90 Section 90 . 186.096 (1) (title) of the statutes is created to read:

186.096 (1) (title) Limited liability.

151,91 Section 91 . 186.096 (2) (title) of the statutes is created to read:

186.096 (2) (title) Exceptions.

151,92 Section 92 . 186.096 (2) (a) of the statutes is amended to read:

186.096 (2) (a) A proceeding brought against a director or officer under s. 186.23, 186.24 (1) or 186.29 (1m) (a) 186.235 (8), (10) or (11) (b) 1.

151,93 Section 93 . 186.096 (3) (title) of the statutes is created to read:

186.096 (3) (title) Applicability to governments.

151,94 Section 94 . 186.098 (1) of the statutes is amended to read:

186.098 (1) (title) Loan approval. The credit union may make loans to members upon terms approved by the credit committee or a, loan officer at rates of interest not to exceed any applicable maximum rate or board of directors.

151,95 Section 95 . 186.098 (2) of the statutes is amended to read:

186.098 (2) (title) Appeals. The credit committee or loan officer shall maintain a record of each loan approved or not approved. The A loan applicant for a loan may appeal in writing the decision of the credit committee or the a loan officer to the president and may appeal in writing the president's decision to the board of directors.

151,96 Section 96 . 186.098 (3) of the statutes is amended to read:

186.098 (3) Every application for a loan shall be in writing documented and acknowledged by the member and shall state the security or collateral offered, if any.

151,97 Section 97 . 186.098 (4) of the statutes is amended to read:

186.098 (4) (title) Board approval. Approval of loans shall be the responsibility of the credit committee or loan officer, except where application for loans are made by members of the credit committee or the loan officers. No loan shall be made unless approved by the majority of the credit committee or by a loan officer, except that the The board of directors or its designee shall act on the applications of credit committee members and loan officers, and on applications appealed to the board in writing by members.

151,98 Section 98 . 186.098 (5) of the statutes is amended to read:

186.098 (5) (title) Limits. No loans shall be made to any member in excess of $100 or 10% of the credit union's assets, whichever is greater; plus the balance of the member's share account pledged as security for such the loan, but these limitations . This subsection shall not apply to loans made to member credit unions by a corporate central credit union.

151,99 Section 99 . 186.098 (6) (a) (intro.) of the statutes is renumbered 186.098 (6) (intro.) and amended to read:

186.098 (6) (title) Policies. (intro.) The board of directors shall determine the policy regarding collateral all of the following:

(a) Collateral acceptable for secured loans. Loans to members which in the aggregate exceed the amount shown in the schedule below shall be secured by such collateral having a value which is at least equal to any amount exceeding the limits in the following schedule, except that all loans exceeding $5,000 not subject to collateral shall be supported by a sworn financial statement:

151,100 Section 100 . 186.098 (6) (a) 1. to 6. of the statutes are repealed.

151,101 Section 101 . 186.098 (6) (b) of the statutes is repealed and recreated to read:

186.098 (6) (b) Loan limits.

151,102 Section 102 . 186.098 (6) (c) of the statutes is created to read:

186.098 (6) (c) Loan approval if a director, officer, credit committee member or employe provides security as a comaker, guarantor, endorser or other form of surety.

151,103 Section 103 . 186.098 (7) of the statutes is repealed and recreated to read:

186.098 (7) Surety repayment evidence. An endorser, comaker, guarantor or other surety shall provide the credit union with evidence of ability to repay the obligation of the member.

151,104 Section 104 . 186.098 (8) (title) of the statutes is created to read:

186.098 (8) (title) Credit extensions.

151,105 Section 105 . 186.098 (8) (b) of the statutes is amended to read:

186.098 (8) (b) With the approval of the commissioner, credit unions A credit union may utilize credit cards, including point-of-purchase credit, providing if the credit committee or loan officer, upon their own motion or upon application by a member, has predetermined the extent of credit extension.

151,106 Section 106 . 186.098 (8) (b) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

186.098 (8) (b) A credit union may utilize credit cards, including point-of-purchase credit, if the credit committee or loan officer, upon its or his or her own motion or upon application by a member, has predetermined the extent of credit extension.

151,107 Section 107 . 186.098 (9) of the statutes is repealed.

151,108 Section 108 . 186.098 (9m) of the statutes is created to read:

186.098 (9m) Participation loans. Subject to rules prescribed by the commissioner, a credit union may participate with other lenders in a loan of any type that the credit union may otherwise make.

151,109 Section 109 . 186.098 (9m) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

186.098 (9m) Participation loans. Subject to rules prescribed by the commissioner office of credit unions, a credit union may participate with other lenders in a loan of any type that the credit union may otherwise make.

151,110 Section 110 . 186.098 (11) (title) of the statutes is created to read:

186.098 (11) (title) Guaranteed loans.

151,111 Section 111 . 186.098 (12) (title) of the statutes is created to read:

186.098 (12) (title) Loans to members.

151,112 Section 112 . 186.098 (13) of the statutes is created to read:

186.098 (13) Liens. (a) Subject to any limitation on security interests identified in s. 422.417 (3) and if the loan agreement or endorsement permits it, a credit union shall have a lien on the share deposits and deposit accounts and accumulated dividends of a member for any amount owed the credit union by the member and for any loan endorsed by the member. Upon the default of the owner of the account in an obligation owed to the credit union, the credit union shall have a right of immediate setoff for each share deposit and deposit account unless prohibited under 12 CFR 226.12 (d). Sections 425.104 and 425.105 apply to a default under this paragraph. The credit union may also refuse to allow withdrawals from any share deposit or deposit account in an amount not to exceed any delinquent obligation to the credit union.

(b) The credit union may waive its rights to a lien, to immediate setoff or to restrict withdrawals or to any combination of these rights for any share deposit or deposit account.

151,113 Section 113 . 186.10 (1) (title) of the statutes is created to read:

186.10 (1) (title) Minors' shares.

151,114 Section 114 . 186.10 (2) of the statutes is amended to read:

186.10 (2) (title) Shares in trust. Shares may be issued in trust, subject to any conditions prescribed in the bylaws. If shares are issued in trust, the name of the beneficiary shall be disclosed to the credit union Share accounts and deposit accounts may be owned by a member in trust for a beneficiary, or owned by a nonmember in trust for a beneficiary who is a member.

151,115 Section 115 . 186.11 (1) of the statutes is renumbered 186.11 (1) (intro.) and amended to read:

186.11 (1) General. (intro.) The board of directors may invest credit union funds in U.S. any of the following:

(a) United States government direct and agency obligations, municipal.

(b) Municipal bonds issued by municipalities of the state,.

(c) A corporate central credit unions, banks union organized under s. 186.32 or under any other state or federal law.

(d) Deposits and debt instruments of federally insured banks, credit unions, savings banks and savings and loans loan associations located in Wisconsin and may, with.

(e) With the approval of the commissioner, make other investments including investments in credit unions other investment instruments.

151,116 Section 116 . 186.11 (1) (e) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

186.11 (1) (e) With the approval of the office of credit unions, other investment instruments.

151,117 Section 117 . 186.11 (2) (b) of the statutes is amended to read:

186.11 (2) (b) The board of directors may purchase, lease or construct a building for the operation of the credit union, provided if the aggregate cost depreciated value of the building, including any associated remodeling of the building, or land improvements and, land acquisition, office furnishings and equipment, does not exceed the greater of 5% of the credit union's total assets, including the building to be acquired, or 100% of the credit union's regular irrevocable reserve unless prior approval for greater amounts is given by the commissioner. The cost of land acquisition may include vicinal property for future expansion but may not exceed the aggregate cost limitation. Nothing in this subsection authorizes a credit union to lease a building owned by a director or by a corporation, limited liability company, partnership or association controlled by a director. The credit union may rent or lease a portion of its building or property.

151,118 Section 118 . 186.11 (2) (b) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

186.11 (2) (b) The board of directors may purchase, lease or construct a building for the operation of the credit union, if the aggregate depreciated value of the building, including any associated remodeling of the building or land improvements, land acquisition, office furnishings and equipment, does not exceed the greater of 5% of the credit union's total assets, including the building to be acquired, or 100% of the credit union's irrevocable reserve unless prior approval for greater amounts is given by the office of credit unions. Nothing in this subsection authorizes a credit union to lease a building owned by a director or by a corporation, limited liability company, partnership or association controlled by a director. The credit union may rent or lease a portion of its building or property.

151,119 Section 119 . 186.11 (4) (a) of the statutes is amended to read:

186.11 (4) (a) A credit union may invest not more than 10% 1.5% of its regular reserve total assets in the capital shares or obligations of a credit union service corporation organized primarily to provide goods and services specified in par. (b) to credit unions and, credit union organizations and credit union members.

151,120 Section 120 . 186.11 (4) (b) (intro.), 1., 3. and 4. of the statutes are amended to read:

186.11 (4) (b) (intro.) A service corporation under par. (a) may provide goods and services relating to one or more including any of the following functions:

1. Credit union operations services, including service centers, credit and debit card services, automated teller and remote terminal services, accounting systems, data processing, management training and support, payment item processing, record retention and storage, locator services, research, debt collection, credit analysis and loan servicing and, coin and currency services and marketing and advertising services.

3. Development and administration of individual retirement accounts, Keogh plans and other personnel employe benefit plans.

4. Provision of trust services, including service as trustee and in other similar fiduciary capacities.

151,121 Section 121 . 186.11 (4) (c) of the statutes is created to read:

186.11 (4) (c) A service corporation may be subject to audit by the commissioner.

151,122 Section 122 . 186.112 of the statutes is amended to read:

186.112 Credit union borrowing. The board of directors may borrow money from any source if the amount borrowed does not exceed 50% 30% of the credit union's total savings, deposits and reserves and the loan is not for a period longer than 12 months. The limitations of this subsection do not apply to national corporate central credit unions. The 12-month limitation under this subsection does not apply to money borrowed by a credit union to acquire credit union property, buildings, remodeling or equipment. The commissioner may exempt any credit union from the limitations of this subsection. Credit union borrowing may exceed 30% if the commissioner approves.

151,123 Section 123 . 186.112 of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

186.112 Credit union borrowing. The board of directors may borrow money from any source if the amount borrowed does not exceed 30% of the credit union's total savings, deposits and reserves. Credit union borrowing may exceed 30% if the office of credit unions approves.

151,124 Section 124 . 186.113 (title) of the statutes is amended to read:

186.113 (title) Credit union services powers.

151,125 Section 125 . 186.113 (1) of the statutes is amended to read:

186.113 (1) (title) Branch offices. If the need and necessity exists, establish subsidiary offices where permanent and with the approval of the commissioner, establish branch offices inside this state or no more than 25 miles outside of this state. Permanent records may be maintained within the state with the approval of the commissioner at branch offices established under this subsection.

151,126 Section 126 . 186.113 (1) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

186.113 (1) Branch offices. If the need and necessity exist and with the approval of the office of credit unions, establish branch offices inside this state or no more than 25 miles outside of this state. Permanent records may be maintained at branch offices established under this subsection.

151,127 Section 127 . 186.113 (1s) of the statutes is created to read:

186.113 (1s) Service centers. Upon notice to the commissioner, establish and maintain service centers that are reasonably necessary to furnish services to members. A credit union may operate a shared service center with one or more credit unions and may participate in a shared service center network that is operated from inside or outside of this state. This subsection does not prohibit a credit union from referring to a service center as a branch office. A service center shall be under the supervision of the commissioner.

151,128 Section 128 . 186.113 (1s) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

186.113 (1s) Service centers. Upon notice to the commissioner office of credit unions, establish and maintain service centers that are reasonably necessary to furnish services to members. A credit union may operate a shared service center with one or more credit unions and may participate in a shared service center network that is operated from inside or outside of this state. This subsection does not prohibit a credit union from referring to a service center as a branch office. A service center shall be under the supervision of the commissioner office of credit unions.

151,129 Section 129 . 186.113 (2) of the statutes is repealed and recreated to read:

186.113 (2) Credit union center corporation. With other credit unions, organize a credit union center corporation that provides facilities, equipment and personnel. A credit union center corporation shall be under the supervision of the commissioner.