Page:United States Statutes at Large Volume 91.djvu/84

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PUBLIC LAW 95-000—MMMM. DD, 1977

91 STAT. 50

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Self-replenishing line of credit.

Loans to other credit unions. Loans to credit union organizations.

Participation loans.

PUBLIC LAW 95-22—APR. 19, 1977 unless such loan is insured or guaranteed as provided in subparagraph (iii); "(iii) a loan secured by the insurance or guarantee of the Federal Government, of a State government, or any agency of either may be made for the maturity and under the terms and conditions specified in the law under which such insurance or guarantee is provided; "(iv) a loan or aggregate of loans to a director or member of the supervisory or credit committee of the credit union making the loan which exceeds $5,000 plus pledged shares, be approved by the board of directors; "(v) loans to other members for which directors or members of the supervisory or credit committee act as guarantor or endorser be approved by the board of f.: i,.1i'directors when such loans standing alone or when added to any outstanding loan or loans of the guarantor or endorser exceeds $5,000; "(vi) the rate of interest not exceed 1 per centum per month on the unpaid balance inclusive of all service charges; "(vii) the taking, receiving, reserving, or charging of a rate of interest greater than is allowed by this paragraph, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon. If such greater rate of interest has .D. been paid, the person by whom it has been paid, or his legal representatives, may recover back from the credit 'UBV..) I:union taking or receiving the same, in an action in the nature of an action of debt, the entire amount of interest paid; but such action must be commenced within two years from the time the usurious collection was made; "(viii) a borrower may repay his loan, prior to maturity in whole or in part on any business day without penalty; "(ix) loans shall be paid or amortized in accordance with rules and regulations prescribed by the Administrator after taking into account the needs or conditions of the borrowers, the amounts and duration of the loans, the interests of the members and the credit unions, and such other factors as the Administrator deems relevant. "(B) A self-replenishing line of credit to a borrower may be established to a stated maximum amount on certain terms and conditions which may be different from the terms and conditions established for another borrower. "(C) Loans to other credit unions shall be approved by the board of directors. " (D) Loans to credit union organizations shall be approved by the board of directors and shall not exceed 1 per centum of the paid-in and unimpaired capital and surplus of the credit union. A credit union organization means any organization as determined by the Administrator, which is established primarily to serve the needs of its member credit unions, and whose business relates to the daily operations of the credit unions they serve. " (E) Participation loans with other credit unions, credit union organizations, or financial organizations shall be in accordance with written policies of the board of directors: