186.113 Cross-reference
Cross-reference: See also s.
DFI-CU 63.01, Wis. adm. code.
186.113(16)
(16) Dormant accounts. Subject to
ch. 177, establish a policy, including a fee schedule, for disposing of dormant accounts.
186.113(17)
(17) Contracts. Make contracts necessary and proper to meet its purpose and to conduct its business.
186.113(18)
(18) Legal actions. To sue and be sued, and to appear and defend in all actions and proceedings under its corporate name.
186.113(19)
(19) Client fund accounts. Maintain real estate broker trust accounts under
s. 452.13 for firms, as defined in
s. 452.01 (4w), that are eligible for membership in the credit union, attorney trust accounts under
s. 757.293 for attorneys who are eligible for membership in the credit union, and collection agency trust accounts under
s. 218.04 (9g) for persons who are eligible for membership in the credit union.
186.113(20)
(20) Public depository. Act as a depository of state and local public funds.
186.113(21)
(21) Federal depository. On request of the federal secretary of the treasury, act as federal depository, fiscal agent or both of the federal government. A credit union may perform such services as the federal secretary of the treasury may authorize in connection with the collection of taxes and other obligations due the federal government and the lending, borrowing and repayment of money by the federal government, including the issue, sale, redemption or repurchase of bonds, notes, treasury certificates of indebtedness, or other obligations of the federal government.
186.113(22)
(22) Community currency exchange and seller of checks. Engage in the business and functions provided for in
s. 218.05 and
ch. 217 upon receiving a certificate of authority from the office of credit unions. An applicant shall meet the same requirements as other applicants under
ch. 217, but no investigation fee may be charged of credit union applicants. The office of credit unions may revoke a certificate of authority following a hearing held upon 10 days' notice to the credit union for any reason which would have justified the rejection of an application or on the ground that the continued operation of the business threatens the solvency of the credit union.
186.113(23)
(23) Accept investments. Accept investments made by state or federally chartered credit unions.
186.113(24)
(24) Funeral trusts. Accept deposits made by members for the purpose of funding burial agreements by trusts created pursuant to
s. 445.125.
186.113(25)
(25) Sale of insurance products. Sell insurance, annuities, and related products.
186.113 History
History: 1971 c. 193;
1973 c. 12 s.
20;
1973 c. 208;
1973 c. 255 ss.
2,
3,
5;
1973 c. 336 s.
56;
1975 c. 345;
1977 c. 136,
342,
447;
1979 c. 121,
282;
1981 c. 5,
156,
319,
391;
1983 a. 368,
369;
1987 a. 403 s.
256;
1991 a. 221,
269;
1993 a. 112,
482;
1995 a. 27,
55,
151,
336;
1997 a. 35,
152;
2003 a. 63;
2005 a. 22,
131,
253;
2011 a. 205;
2013 a. 277;
2015 a. 258,
304.
186.113 Annotation
Under sub. (7), a credit union is not obliged to secure a sales finance company license to purchase installment contracts of its members, nor is an auto dealer subject to a penalty if it sells such a contract to a credit union. 61 Atty. Gen. 439.
186.115
186.115
Additional credit union authority. 186.115(1)
(1)
Scope of authority. Subject to any regulatory approval required by law and subject to
sub. (2), a credit union directly or through a subsidiary, may undertake any activity, exercise any power or offer any financially related product or service in this state that any other provider of financial products or services may undertake, exercise or provide or that the office of credit unions finds to be financially related.
186.115(2)
(2) Rules. The activities, powers, products and services that may be undertaken, exercised or offered by credit unions under
sub. (1) are limited to those specified by rule of the office of credit unions. The office of credit unions may direct any credit union to cease any activity, the exercise of any power or the offering of any product or service authorized by rule. Among the factors that the office of credit unions may consider in so directing a credit union are the credit union's net worth, assets, management rating and liquidity ratio and its ratio of net worth to assets.
186.115(3)
(3) Insurance underwriting not authorized. This section does not authorize a credit union, directly or through a subsidiary, to engage in the business of underwriting insurance.
186.115 History
History: 1985 a. 325;
1995 a. 27,
151.
186.115 Cross-reference
Cross-reference: See also
DFI-CU, Wis. adm. code.
186.116
186.116
Financially related services tie-ins. In any transaction conducted by a credit union or a subsidiary of a credit union with a customer who is also a customer of any other subsidiary of the credit union, the customer shall be given a notice in 12-point boldface type in substantially the following form:
NOTICE OF RELATIONSHIP
This company, .... (insert name and address of credit union or subsidiary), is related to .... (insert name and address of credit union or subsidiary) of which you are also a customer. You may not be compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction.
If you feel that you have been compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction, you should contact the management of either of the above companies at either of the above addresses or the office of credit unions at .... (insert address).
186.116 History
History: 1985 a. 325;
1995 a. 27,
151.
186.118
186.118
Incidental powers parity with federal credit unions. 186.118(2)(a)(a) The office of credit unions shall promulgate a rule establishing a list of activities and powers incidental to the business of a credit union that are authorized for federally chartered credit unions as of April 18, 2014.
186.118(2)(b)
(b) The office of credit unions shall submit the proposed rule under
par. (a) to the legislative reference bureau in an electronic format approved by the legislative reference bureau, and the legislative reference bureau shall publish the proposed rule in the notice section of the Wisconsin administrative register under
s. 35.93.
186.118(2)(c)
(c) Sections 227.114 (4) and
(6),
227.115,
227.135,
227.137,
227.14 (2) (a) 6.,
(2g),
(4), and
(4m),
227.15,
227.16,
227.17,
227.18,
227.185,
227.19, and
227.30 do not apply to the office of credit unions in promulgating a rule under
par. (a) or to any rule promulgated by the office of credit unions under
par. (a). Guidelines prescribed by executive order of the governor do not apply to the office of credit unions in promulgating a rule under
par. (a).
186.118(3)(a)(a) After April 18, 2014, if any activity or power incidental to the business of a credit union that is not listed under
sub. (2) (a) becomes authorized for federally chartered credit unions, within 30 days after the activity or power becomes authorized the office of credit unions shall make a determination as to whether the activity or power should also be authorized for credit unions organized under
s. 186.02. In making this determination, the office of credit unions shall consider the degree to which the following apply with respect to the activity or power:
186.118(3)(a)1.
1. It is necessary, convenient, or useful for effectively carrying out the mission or business of a credit union.
186.118(3)(a)2.
2. It is the functional equivalent or logical outgrowth of activities or powers that are part of the mission or business of a credit union.
186.118(3)(a)3.
3. It involves risks similar in nature to those already assumed as part of the business of the credit union and it is not likely to be detrimental to the overall safety and soundness of the credit union.
186.118(3)(b)1.1. The office of credit unions shall promulgate a rule adding an activity or power to the list of activities and powers established under
sub. (2) (a) if the office of credit unions determines under
par. (a) that the activity or power authorized for federally chartered credit unions should also be authorized for credit unions organized under
s. 186.02.
186.118(3)(b)2.
2. The office of credit unions shall submit the proposed rule under
subd. 1. to the legislative reference bureau in an electronic format approved by the legislative reference bureau, and the legislative reference bureau shall publish the proposed rule in the notice section of the Wisconsin administrative register under
s. 35.93.
186.118(3)(b)3.
3. Sections 227.114 (4) and
(6),
227.115,
227.135,
227.137,
227.14 (2) (a) 6.,
(2g),
(4), and
(4m),
227.15,
227.16,
227.17,
227.18,
227.185,
227.19, and
227.30 do not apply to the office of credit unions in promulgating a rule under
subd. 1. or to any rule promulgated by the office of credit unions under
subd. 1. Guidelines prescribed by executive order of the governor do not apply to the office of credit unions in promulgating a rule under
subd. 1.
186.118(4)
(4) The office of credit unions shall publish and maintain on the department of financial institutions' Internet site the list of activities and powers under
sub. (2) (a).
186.118(5)
(5) If the office of credit unions promulgates a rule listing an activity or power as provided in
sub. (2) (a) or
(3) (b) 1.,
subs. (2) (b) and
(c) and
(3) (b) 2. and
3. do not apply to any subsequent rule modifying or eliminating the listed activity or power.
186.118 History
History: 2013 a. 277.
186.12
186.12
Compensation of officers, operation expenses. 186.12(1)(1)
Board members. No member of the board of directors may receive any compensation for services as a member of the board other than reasonable health, accident and similar insurance.
186.12(3)
(3) Expenditures. To the extent permitted by a credit union's bylaws, the officers elected by the board of directors and the members of the credit committee may receive such compensation as the board authorizes, but the expenditures of the credit union for all purposes shall be paid from its earnings.
186.13
186.13
Expulsion. If the board of directors adopts a written policy, a credit union may expel a member if the member neglects or refuses to comply with this chapter or the credit union bylaws or if the board has other just cause. The credit union shall provide notice to the member in writing of the reason for expulsion. The notice shall include a description of the member's right to petition the board for reconsideration of the member's expulsion and the time period for the member to petition. If a member petitions the board in writing within 45 days of receipt of the expulsion notice, the board shall reconsider the expulsion within 90 days after the date of the expulsion notice.
186.14
186.14
Expelled member rights and liabilities. The amounts paid in on shares by members who have withdrawn or have been expelled shall be paid to them, but in the order of withdrawal or expulsion as funds become available and after deducting any amounts due from the members to the credit union. Expulsion or withdrawal shall not relieve a member from any remaining liability to the credit union.
186.14 History
History: 1971 c. 193 s.
42 (3);
1995 a. 151.
186.15(1)(1)
Annual audit. Except as provided in
sub. (2), the board of directors shall hire a certified public accountant licensed or certified under
ch. 442 or other qualified person to conduct a comprehensive annual audit of the records, accounts and affairs of the credit union.
186.15(2)
(2) Audit committee. The board of directors may appoint an auditing committee of one or more capable persons to annually audit the records, accounts and cash of the credit union and to verify member accounts. Verification procedures shall be conducted according to the credit union's bylaws or the rules of the office of credit unions.
186.15(3)
(3) Independent audit. The office of credit unions may order an independent audit at the credit union's expense if the office of credit unions finds an annual audit to be unsatisfactory.
186.15(4)
(4) Audit reports. Audit reports under this section shall be submitted to the board of directors and retained as records of the credit union.
186.15 Cross-reference
Cross-reference: See also ch.
DFI-CU 73, Wis. adm. code.
186.16(1)(1)
Board establishes dividends. The board of directors shall establish the dividend period. Dividends shall be considered a normal operating expense of the credit union. Rates of dividends and terms of payment may be established and guaranteed in advance by action of the board of directors. The board of directors may classify its accounts and declare dividends which may be at variable rates.
186.16(2)
(2) Maximum set by office of credit unions. The office of credit unions may establish the maximum dividend that a credit union and a corporate central credit union may pay in each classification of its savings.
186.16 Cross-reference
Cross-reference: See also ch.
DFI-CU 60, Wis. adm. code.
186.17
186.17
Reserves. A credit union shall maintain sufficient reserves to meet anticipated withdrawals, commitments, and loan demand. A credit union shall maintain at least the level of reserves required for it by the national credit union administration. The office of credit unions may prescribe additional reserve requirements for an individual credit union based on examination findings or other reports available to the office.
186.18
186.18
Dissolution. Upon a two-thirds recommendation of the board of directors, the members may vote to dissolve the credit union. If a majority of the total membership vote by ballot, in person or by letter or other written communication in favor of dissolution, and if not more than the greater of 15 members or 10 percent of the total membership, by written notice, vote against dissolution, the credit union shall be dissolved. If both the number of votes in favor of dissolution and the number of votes against dissolution are each less than 25 percent of the total number of members, the board of directors may, with the permission of the office of credit unions, mail to each member at the member's last-known address a written notice which states that the board's proposal to dissolve the credit union will be approved or disapproved at a special or annual meeting to be held at the time and place specified in the notice. The credit union shall be dissolved only if a majority of the members present at the meeting vote in favor of the board's proposal to dissolve the credit union. If the members vote to dissolve the credit union, a committee of 3 shall be elected by the members to liquidate the assets of the credit union. After assets are liquidated and debts paid, members shall be paid a liquidating dividend in proportion to their savings from remaining assets. The committee in charge of liquidation may sell or dispose of the assets in whole or in part at a public or private sale subject to confirmation by the board of directors and the office of credit unions.
186.19
186.19
Bonding requirements. A credit union shall maintain the necessary bonds for directors, officers and employees according to any standards prescribed by the national board.
186.20
186.20
Financial privacy. A credit union shall comply with any applicable requirements under
15 USC 6801 to
6803 and any applicable regulations prescribed by the national credit union administration under
15 USC 6804.
186.20 History
History: 2003 a. 63.
186.21
186.21
Credit unions promoted. 186.21(1)
(1)
Office to cooperate. It shall be the duty of the office of credit unions to cooperate with every group of people that is interested in the formation of, or in an affiliation with, a credit union in this state. The office of credit unions may do all things reasonably necessary for the discharge of this duty.
186.21(2)
(2) Advertising. The office of credit unions shall use advertising that is suitable and effective to acquaint the people of this state with the agencies and organizations dealing with credit unions.
186.21(3)
(3) Consultations. The office of credit unions shall offer without charge to any group, either joined in a credit union or considering such an organization, advice and direction on accounting practices and managerial problems.
186.21(4)
(4) Materials. The office of credit unions shall provide application forms, model bylaws, and other materials to help in the organization, efficient functioning and expansion of credit unions.
186.235
186.235
Office of credit unions. 186.235(1)
(1)
Supervision. A credit union shall be under the control and supervision of the office of credit unions.
186.235(2)
(2) Enforcement. The office of credit unions shall enforce this chapter and other laws relating to credit unions.
186.235(3)
(3) Full-time duties. The administrator of the office of credit unions shall devote full time to his or her position.
186.235(3m)
(3m) Conflicts of interest. No employee of the office of credit unions may serve as a director or officer of a credit union or any other organization that is under the supervision of the office of credit unions.
186.235(4)
(4) Bond required. A person who is appointed to or employed by the office of credit unions shall furnish a surety bond in an amount authorized by the office.
186.235(5)
(5) Immunity of office of credit unions. The 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 office of credit unions in an official capacity.
186.235(7)(a)(a) Employees of the office of credit unions and members of the review board shall keep secret all the facts and information obtained in the course of examinations or contained in any report provided by a credit union other than any semiannual or quarterly financial report that is regularly filed with the office of credit unions. This requirement does not apply in any of the following situations:
186.235(7)(a)1.
1. If the public duty of the person requires that person to report upon or take special action regarding the affairs of any credit union.
186.235(7)(a)2.
2. If the person is called as a witness in any criminal proceeding.
186.235(7)(b)
(b) Notwithstanding
par. (a) and unless otherwise provided by rule, the office of credit unions may do any of the following:
186.235(7)(b)1.
1. Furnish to the national board a copy of any examination made by the office of credit unions of any credit union or of any report made by the credit union.
