§ 1401 CHAPTER 10. — LOCAL AGRICULTURAL- Authorization of loans by Governor of Farm Credit Administration; regulations.-The Governor of the Farm Credit Administration is hereby authorized to make advances or loans to individuals, under such regulations as he may prescribe, for the purpose of assisting in forming local agriculturalcredit corporations, livestock-loan companies, or like organizations, or of increasing the capital stock of such corporations, companies, or organizations qualified to do business with Federal intermediate credit banks, or to which such privileges may be extended. (Mar. 3, 1932, c. 70, § 1, 47 Stat. 60; Mar. 27, 1933, Ex. Or. 6084.) "Governor of the Farm Credit Administration" mentioned in the text was substituted for "Secretary of Agriculture" pursuant to the Executive Order cited thereto, which is set out in full at the beginning of this circular. § 1402 (a) Limitation on amount of loans to individual stockholders.-No loans shall be made to individual stockholders on the capital stock of, or to create or increase the capital stock of such corporation, company, or organization in an amount in excess of 75 per centum of the par value of the capital stock of such corporation, company, or organization owned by or proposed to be subscribed to by such individual. (Mar. 3, 1932, c. 70, § 2, 47 Stat. 60.) (b) Approval of financial structure of corporation by Governor of Farm Credit Administration. No loan shall be made upon the capital stock of any corporation until the Governor of the Farm Credit Administration shall find that the financial structure of such corporation is sound and unimpaired and by him approved, nor shall any loan be made upon the capital stock of such corporation until the management of such company shall be made known to and approved by the Governor, and the Governor shall have the right at any time to declare the indebtedness to the Government that may be created hereunder due whenever in his judgment the financial structure of the corporation shall become so impaired or the management becomes so unsatisfactory as to jeopardize the interests of the Government. (Mar. 3, 1932, c. 70, § 2, 47 Stat. 60; "Governor of the Farm Credit Administration" and "Governor" mentioned in the text were substituted for "Secretary of Agriculture" and "Secretary," respectively, pursuant to the Executive Order cited thereto, which is set out in full at the beginning of this circular. 8 1403 8 1404 § 1751 Minimum paid-in capital stock required to warrant loans. No loan or advance shall be made to any individual upon the capital stock of or to create or increase the capital stock of any corporation, unless the paid-in capital stock of such corporation shall be at least $10,000. (Mar. 3, 1932, c. 70, § 3, 47 Stat. 60.) Appropriations; revolving fund.-To carry out the provisions of this chapter, including all expenses incurred thereunder, there are authorized to be appropriated, out of the unexpended balances of appropriations made to carry out the provisions of Public Resolution Numbered 112, Seventy-first Congress (46 Stat. 1032), as amended by the Interior Department Appropriation Act for the fiscal year ending June 30, 1932, and as amended by Public Resolution Numbered 120 (46 Stat. 1167), and out of the collections from loans made under Public Resolution Numbered 112, as so amended, a sum not exceeding $10,000,000, which sum shall be paid into a revolving fund. Not to exceed 2 per centum of such fund may be used for expenses of administration. All moneys received from time to time upon the repayment of any advance or loan made pursuant to this chapter, together with the interest, shall be paid into the revolving fund and shall thereafter be available for the purposes and in the manner hereinbefore provided. (Mar. 3, 1932, c. 70, § 4, 47 Stat. 60.) CHAPTER 14.-FEDERAL CREDIT Citation of chapter.-This chapter may be cited as the "Federal Credit Union Act". (June 26, 1934, c. 750, § 1, 48 Stat. 1216.) Act of June 26, 1934, cited to the text, was entitled "An Act to establish a Federal Credit Union System, to establish a further market for securities of the United States and to make more available to people of small means credit for provident purposes through a national system of cooperative credit, thereby helping to stabilize the credit structure of the United States." § 1752 § 1753 Definitions. A Federal credit union is hereby defined as a cooperative association organized in accordance with the provisions of this chapter for the purpose of promoting thrift among its members and creating a source of credit for provident or productive purposes. When used in this chapter the term "Administration" means Farm Credit Administration, and the term "Governor" means the Governor thereof. (June 26, 1934, c. 750, § 2, 48 Stat. 1216.) Federal credit union organization.-Any seven or more natural persons who desire to form a Federal credit union shall subscribe before some officer competent to administer oaths an organization certificate in duplicate which shall specifically state (1) The name of the association. (2) The location of the proposed Federal credit union and the territory in which it will operate. (3) The names and addresses of the subscribers to the certificate and the number of shares subscribed by each. (4) The par value of the shares, which shall be $5 each. (5) The proposed field of membership, specified in detail. (6) The term of the existence of the corporation, which may be perpetual. (7) The fact that the certificate is made to enable such persons to avail themselves of the advantages of this chapter. Such organization certificate may also contain any provisions approved by the Governor for the management of the business of the association and for the conduct of its affairs and relative to the powers of its directors, officers, or stockholders. (June 26, 1934, c. 750, § 3, 48 Stat. 1217.) Act of December 6, 1937, c. 3, § 5, 51 Stat. 5, 29 U. S. C. 158a, provided as follows: "Provision by an employer of facilities for the operations of a Federal Credit Union on the premises of such employer shall not be deemed to be intimidation, coercion, interference, restraint or discrimination within the provisions of sections 7 and 8 of the National Labor Relations Act, approved July 5, 1935, or acts amendatory thereof." § 1754 Approval of organization certificate. - Any such organization certificate shall be presented to the Governor for approval. Upon such approval the Federal credit union shall be a body corporate and as such, subject to the limitations herein con § 1755 § 1756 tained, shall be vested with all of the powers and charged with all the liabilities conferred and imposed by this chapter upon corporations organized hereunder. Before any organization certificate is approved an appropriate investigation shall be made for the purpose of determining (1) whether the organization certificate conforms to the provisions of this chapter; (2) the general character and fitness of the subscribers thereto; and (3) the economic advisability of establishing the proposed Federal credit union. Upon approval of such organization certificate by the Governor it shall be the charter of the corporation and one of the originals thereof shall be delivered to the corporation after the payment of the fee required therefor. (June 26, 1934, c. 750, § 4, 48 Stat. 1217.) Fees. For the purpose of paying the costs incident to the ascertainment of whether an organization certificate should be approved the subscribers to any such certificate shall pay, at the time of filing their organization certificate, the amount prescribed by the Governor, which shall not exceed $20 in any case; and on the approval of any organization certificate they shall also pay a fee of $5. During December of each calendar year each Federal credit union shall pay to the Administration a fee of not to exceed $10, to be fixed by the Governor, for the cost of supervision: Provided, however, That no such annual fee shall be payable by such an organization for the fractional part of the first calendar year during which it is formed. All such fees shall be deposited with the Treasurer of the United States for the account of the Administration and may be expended by the Governor for such administrative and other expenses incurred in carrying out the provisions hereof as he may determine to be proper, the purpose of such fees being to defray, as far as practicable, the administrative and supervisory costs incident to the carrying out of this chapter. (June 26, 1934, c. 750, § 5, 48 Stat. 1217.) Reports and examinations. Federal credit unions shall be under the supervision of the Governor, and shall make such financial reports to him (at least annually) as he may require. Each Federal credit union shall be subject to examination by, and for this purpose shall make its books and records accessible to, any person designated by the 8 1757 Governor. The Governor shall fix a scale of examination fees to be paid by Federal credit unions, giving due consideration to the time and expense incident to such examinations, and to the ability of Federal credit unions to pay such fees, which fees shall be assessed against and paid by each Federal credit union promptly after the completion of such examination. Examination fees collected under the provisions of this section shall be deposited to the credit of the special fund created by section 1755 hereof, and shall be available for the purposes specified in said section 1755. (June 26, 1934, c. 750, § 6, 48 Stat. 1218; Dec. 6, 1937, c. 3, § 1, 51 Stat. 4.) Powers. A Federal credit union shall have succession in its corporate name during its existence and shall have power (1) To make contracts. (2) To sue and be sued. (3) To adopt and use a common seal and alter the same at pleasure. (4) To purchase, hold, and dispose of property necessary and incidental to its operations. (5) To make loans with maturities not exceeding two years to its members for provident or productive purposes upon such terms and conditions as this chapter and the bylaws provide and as the credit committee may approve, at rates of interest not exceeding 1 per centum per month on unpaid balances (inclusive of all charges incident to making the loan): Provided, That no loans to a director, officer, or member of a committee shall exceed the amount of his holdings in the Federal credit union as represented by shares thereof. No director, officer, or committee member shall endorse for borrowers. A borrower may repay his loan, prior to maturity, in whole or in part on any business day. (6) To receive from its members payments on shares. (7) To invest its funds (a) in loans exclusively to members; (b) in obligations of the United States of America, or securities fully guaranteed as to principal and interest thereby; (c) in accordance with rules and regulations prescribed by the Governor, in loans to other credit unions in the total amount not exceeding 25 per centum of its paid-in and unimpaired capital and surplus; (d) and in shares or accounts of Federal savings and loan associations. |