Section § 14950

Explanation

This law allows credit unions to make financial agreements with their members, as long as the credit committee or credit manager approves them according to board policies. The board sets policies for handling notes receivable from nonmembers when selling credit union assets, ensuring that these transactions align with specific guidelines. These transactions are not considered loans to nonmembers. Additionally, nonmembers can participate in obligations with members, like being co-borrowers or guarantors, without violating certain restrictions, but they don't receive other credit union benefits or services unless they become members.

(a)CA Financial Code § 14950(a) Every credit union may enter into obligations with its members upon the approval of the credit committee or, in the alternative, the credit manager, subject to the terms and conditions established by the board of directors pursuant to Section 15100.
(b)Copy CA Financial Code § 14950(b)
(1)Copy CA Financial Code § 14950(b)(1) The board of directors of a credit union shall adopt a policy governing the acceptance by the credit union of notes receivable from nonmembers as consideration for the sale of assets owned by the credit union through bona fide transactions.
(2)CA Financial Code § 14950(b)(2) No credit union may accept notes receivable from nonmembers as consideration for the sale of assets owned by the credit union except in accordance with a policy adopted by the board of directors pursuant to paragraph (1).
(3)CA Financial Code § 14950(b)(3) Transactions subject to this subdivision shall not be deemed to be loans to nonmembers for purposes of Section 14750.
(c)CA Financial Code § 14950(c) Notwithstanding subdivision (a), a credit union may permit a nonmember to participate in an obligation or extension of credit to a member as a joint applicant, co-obligor, coborrower, surety, or guarantor. An obligation or extension of credit made pursuant to this subdivision shall not be deemed a violation of subdivision (b) of Section 14800. Except as otherwise permitted by statute or regulation, the credit union shall not extend any other benefit or service of the credit union to the nonmember solely as a result of participation as a joint applicant, co-obligor, coborrower, surety, or guarantor unless the nonmember is thereafter admitted to membership.

Section § 14952

Explanation

This law sets rules for credit unions about how much they can lend to members under 18 years old. The credit union's board decides the maximum loan amount. However, exceptions apply if the minor is legally emancipated or if the loan is secured according to specific guidelines in a different section (Section 14955).

The law prohibits loans that would have the minor owe more than this limit, unless these exceptions are met.

(a)CA Financial Code § 14952(a) The board of directors of a credit union shall establish the maximum amount that the credit union may lend to a member under 18 years of age in any case other than a case (1) where the member is an emancipated minor or (2) where the loan is secured in the manner provided for in Section 14955.
(b)CA Financial Code § 14952(b) No credit union shall make a loan to a member under 18 years of age that will result in the member being obligated to the credit union in excess of the maximum amount established by the board of directors pursuant to subdivision (a) unless the member is an emancipated minor or the loan is secured in the manner provided for in Section 14955.

Section § 14953

Explanation

This law explains the requirements for extending credit beyond a set unsecured loan limit. Firstly, any credit above this limit must be secured with either real or personal property or follow specific guidelines in another section (14955). Secondly, if the security is an endorsed note, each endorser must provide a signed financial statement and their financial reliability must be verified by a credit committee. The total loans secured by signatures should not surpass a certain amount determined by the unsecured limit, plus additional amounts for each endorser and pledged shares or certificates.

(a)CA Financial Code § 14953(a) Any extension of credit in excess of the unsecured loan limit set by the board of directors pursuant to Section 15100 shall be secured either (1) by real or personal property to the extent that the extension of credit exceeds such limit, or (2) in the manner provided in Section 14955.
(b)CA Financial Code § 14953(b) If the security offered is an endorsed note as provided in subdivision (a) of Section 14955, a signed and dated financial statement shall be taken from each person who endorses the note and the sufficiency of the financial responsibility of every such endorser shall be verified by a majority of the credit committee. Obligations secured by the signatures of a borrower and endorser or endorsers shall not exceed the amount that may be extended to the borrower without security pursuant to Section 15100, plus an equivalent amount for each endorser; plus the amount of shares or certificates for funds pledged to secure the obligation.

Section § 14954

Explanation

This law states that if someone is not applying for credit themselves but agrees to be responsible for someone else's credit obligation with a credit union, they're considered a 'surety.' This means they are providing a guarantee for the performance of the obligation.

For the purposes of this chapter, a person who is not an applicant for an extension of credit or the creation of an obligation with the credit union but guarantees performance of the underlying obligation is a surety. A surety may act as security pursuant to subdivision (a) of Section 14955.

Section § 14955

Explanation

This section explains what counts as "security" for loans in a credit union context. It includes several possibilities, like a promissory note endorsed by a credit union member or someone else, and obligations guaranteed by government entities (local, state, or federal). Additionally, if a member's investment in the credit union is equal to the loan amount, they don't need any extra security.

“Security” includes, but is not limited to, the following:
(a)CA Financial Code § 14955(a) A note endorsed by any member of the credit union or by any other person.
(b)CA Financial Code § 14955(b) Any obligation wherein the payment of interest and principal is guaranteed by any municipal government, state government, the government of the United States, or by any instrumentality of the United States.
(c)CA Financial Code § 14955(c) The amounts which a member has invested in the credit union, either in the form of shares or in funds received. If the amount invested by a member is equal to the loan made to that member, he shall not be required to give further security.

Section § 14957

Explanation

If the directors or credit committee (or the credit manager, if applicable) believe a loan is at risk, they can ask the borrower to provide extra security. If the borrower doesn't provide this security, they can demand the loan be paid back immediately and take steps to collect it.

Whenever the directors, the credit committee, or if applicable, the credit manager, deem any loan unsafe, they may require additional security to be given by the borrower, and if such security is not furnished as required, they may declare the loan due and take action to collect the same.

Section § 14958

Explanation

Credit unions in California are allowed to take part in loan programs that are backed by the federal or state government, but they need to follow the loan limitations specified in this division.

A credit union may participate in guaranteed loan programs of the federal or state governments, subject to the limitations on loans set forth in this division.

Section § 14959

Explanation

Credit unions in California can buy or sell loans made to their members. They have the option to purchase loans from any source or sell them to any source. This means they can buy a loan that another credit union has given to its member, even if the purchasing credit union's members are not involved. Additionally, credit unions can buy loans from any source to package and sell them on the secondary market. Importantly, these purchases shouldn't be considered obligations to nonmembers under another section of the law.

(a)CA Financial Code § 14959(a) A credit union may do either or both of the following:
(1)CA Financial Code § 14959(a)(1) Purchase, in whole or in part, from any source, loans made to its members.
(2)CA Financial Code § 14959(a)(2) Sell, in whole or in part, to any source, loans made to its members.
(b)CA Financial Code § 14959(b) A credit union may purchase, in whole or in part, either or both of the following:
(1)CA Financial Code § 14959(b)(1) A loan originated by another credit union, which is made to a member of the originating credit union even though the member is not also a member of the credit union purchasing the loan.
(2)CA Financial Code § 14959(b)(2) A loan from any source, if the purchase will facilitate the purchasing credit union’s packaging of a pool of those loans to be sold or pledged on the secondary market.
(c)CA Financial Code § 14959(c) A loan purchase that is authorized by this section shall not be an obligation with a nonmember within the meaning of Section 14750.

Section § 14960

Explanation

This law sets the rules for credit unions providing loans to certain borrowers, specifically those defined by federal regulations as 'covered borrowers.' These rules require following federal standards related to consumer credit for military members, such as Section 987 of Title 10. If a credit union does not offer credit to these covered borrowers, it won't face penalties under a related California military law.

(a)CA Financial Code § 14960(a) Any credit union that extends consumer credit to a covered borrower, as those terms are defined in Part 232 (commencing with Section 232.1) of Subchapter M of Chapter I of Subtitle A of Title 32 of the Code of Federal Regulations, as published on July 22, 2015, on page 43560 in Number 140 of Volume 80 of the Federal Register, shall comply with the applicable provisions of Section 987 of Title 10 of the United States Code, as amended by 126 Stat. 1785 (Public Law 112-239), and Part 232 (commencing with Section 232.1) of Subchapter M of Chapter I of Subtitle A of Title 32 of the Code of Federal Regulations, as amended on the date described above.
(b)CA Financial Code § 14960(b) A credit union that does not market or extend consumer credit to covered borrowers, as those terms are defined under Part 232 (commencing with Section 232.1) of Subchapter M of Chapter I of Subtitle A of Title 32 of the Code of Federal Regulations, as amended on the date described in subdivision (a), shall not be in violation of Section 394 of the Military and Veterans Code.

Section § 14961

Explanation

This law states that if a licensed professional violates certain federal laws related to real estate, lending, or homeownership protection, they also break this California division. Specifically, the violations involve the Real Estate Settlement Procedures Act, the Truth in Lending Act, and the Home Ownership Equity Protection Act, as well as any regulations created under these acts.

Any licensee that violates any provision of any of the following federal acts or regulations violates this division:
(a)CA Financial Code § 14961(a) The federal Real Estate Settlement Procedures Act, as amended (12 U.S.C. Sec. 2601 et seq.).
(b)CA Financial Code § 14961(b) The federal Truth in Lending Act, as amended (15 U.S.C. Sec. 1601 et seq.).
(c)CA Financial Code § 14961(c) The federal Home Ownership Equity Protection Act (15 U.S.C. Sec. 1639).
(d)CA Financial Code § 14961(d) Any regulation promulgated under any of the federal acts in subdivision (a), (b), or (c).