Section § 14400

Explanation

The equity capital of a credit union includes its regular reserve account, undivided earnings account, any designated undivided earnings accounts, and other capital types that the commissioner approves.

The savings capital is made up of payments made by members on their shares.

(a)CA Financial Code § 14400(a) The equity capital of the credit union shall consist of the credit union’s regular reserve account, the undivided earnings account, any appropriated undivided earnings accounts, and other forms of capital approved by the commissioner.
(b)CA Financial Code § 14400(b) The savings capital of a credit union shall consist of the payments made by members on shares.

Section § 14401

Explanation

This law states that a credit union in California can borrow money from various sources but cannot exceed borrowing more than half of its total invested and available funds, which include capital and surplus. Additionally, loans from the National Credit Union Central Liquidity Facility are not counted in this borrowing limit. The term 'certificate for funds' in this context means borrowed money.

A credit union may borrow money from any source in an aggregate amount not to exceed 50 percent of the paid-in and unimpaired capital and surplus of the credit union. Loans from the National Credit Union Central Liquidity Facility (12 U.S.C. Sec. 1795 et seq.) shall not be included in computing the aggregate borrowings of a credit union. For the purposes of this division, “certificate for funds” means borrowed money.

Section § 14402

Explanation

This law allows credit unions to buy and hold real estate, like a lot and building, either on their own or with other credit unions or affiliated groups. They can use these properties mainly for their business activities and future growth. If there's extra space that they're not using, they can rent it out to others. However, if they want to sell the property, all parties involved in the ownership must agree to the sale.

Every credit union may purchase and hold, either individually or jointly with other credit unions or affiliated organizations, a lot and building to be employed principally for the transaction of business, and to provide for future expansion of the facilities of those organizations. Any excess space that is not occupied by the organizations purchasing and holding the building may be leased to the public. The lot and building may be sold if all the holders of the property join in its sale.

Section § 14403

Explanation

Credit unions in California can buy and hold items like furniture and equipment that are necessary for running their business. They can do this alone or together with other credit unions or related organizations. They can even equip spaces in buildings they own or share with others. If they decide to sell these items, all owners must agree to the sale.

Every credit union may purchase and hold, either individually or jointly with other credit unions or affiliated organizations, furniture, fixtures, vaults, and other personal property necessary or proper to carry on its business, and to equip or furnish any space in any building purchased or held individually or jointly with other credit unions or affiliated organizations under authorization of Section 14402, whether occupied by the credit union or leased to the public. The personal property may be sold, if all the holders of the property join in its sale.

Section § 14404

Explanation

A credit union in California cannot invest more than certain limits as set by the commissioner's regulations for specific types of investments mentioned in other sections of the law.

A credit union shall not invest more than the amounts permitted pursuant to regulations which shall be promulgated by the commissioner for the investments set forth in Sections 14402, 14403, 14650 and 14651.

Section § 14405

Explanation

Every credit union can join various organizations, including those made up of other credit unions, financial institutions, and community development entities. They can also join nonprofit organizations if their board of directors approves.

Credit unions are allowed to pay any dues or fees required by these member organizations.

Every credit union may:
(a)Copy CA Financial Code § 14405(a)
(1)Copy CA Financial Code § 14405(a)(1) Become a member of any organization or organizations composed of credit unions, credit associations, chambers of commerce, financial institutions, community economic development entities, or business or trade organizations.
(2)CA Financial Code § 14405(a)(2) Become a member of any nonprofit organization approved by the board of directors.
(b)CA Financial Code § 14405(b) Pay dues and assessments as may be levied upon it by any organization of which it is a member.

Section § 14406

Explanation

This law outlines where a credit union in California can deposit its savings capital, undivided profits, and reserve funds. These can only be deposited in: California-based commercial banks or trust companies; national banks operating in California; shares or certificates from credited unions with insured member accounts; or accounts with savings and loan associations insured by the Federal Deposit Insurance Corporation (FDIC).

The savings capital, as defined in Section 14400, undivided profits, and reserve funds of a credit union shall be deposited only in the following:
(a)CA Financial Code § 14406(a) Commercial banks or trust companies, incorporated under the laws of this state.
(b)CA Financial Code § 14406(b) National banks doing business in this state.
(c)CA Financial Code § 14406(c) Shares or periodic certificates for funds received by or any form of evidence of interest or indebtedness issued by any credit union organized under this division or by any other credit union if its member accounts are insured as provided for by Subchapter II of the Federal Credit Union Act (12 U.S.C. Sec. 1781 et seq.), or, alternatively, are insured by other means determined acceptable by the commissioner.
(d)CA Financial Code § 14406(d) Accounts with, investment certificates or withdrawable shares of, any savings and loan association doing business in this state that is an insured institution pursuant to the Federal Deposit Insurance Corporation Act (12 U.S.C. Sec. 1811 et seq.).

Section § 14407

Explanation

If a credit union's losses are so big that its assets are worth less than what it owes its members, it can decide to reduce what it owes each member, sharing the loss fairly among them. This requires a majority vote from all its members in a special meeting. If later on, the credit union manages to regain some value, the extra money goes back to the members who took the hit.

However, the Commissioner can allow these reductions even if less than a majority participates but votes in favor, as long as every member got a notice about the meeting and it clearly explained what the meeting was about.

(a)CA Financial Code § 14407(a) Whenever the losses of any credit union resulting from a depreciation in the value of its securities or otherwise exceed its undivided earnings and reserve fund so that the estimated value of its assets is less than the total amount due its shareholders, the credit union may, if approved by a majority of all members at a meeting called to consider the matter, order a reduction of the liability to each of its shareholders, so as to divide the loss equitably among the shareholders. If thereafter the credit union realizes from its assets a greater amount than was fixed in the order of reduction, the excess shall be divided among the shareholders whose assets were reduced, but to the extent of the reduction only.
(b)CA Financial Code § 14407(b) The commissioner may approve a reduction in the liability on shares approved by less than a majority of all members as provided in subdivision (a) if the commissioner finds, upon the written and verified application filed by the board of directors, that (1) notice of the meeting called to consider the question was mailed to each member entitled to vote upon the question, (2) the notice disclosed the purpose of the meeting and properly informed the membership that approval of the reduction in liability might be sought pursuant to this subdivision, and (3) that a majority of the votes cast upon the question were in favor of the reduction in liability.

Section § 14408

Explanation

This law says that credit unions in California can't make any gifts or donations over $25,000 unless it's in the credit union's best interest. Such decisions must be approved by the board of directors. The board's approval should include details about who gets the gift, its value, and why it's beneficial for the credit union. The board can also create a budget for gifts and let officials manage who gets the funds and how much.

No credit union shall make any gift or donation having a value in excess of twenty-five thousand dollars ($25,000) unless the gift or donation is in the best interest of the credit union, is approved by a resolution of the board of directors and is in conformance with any regulation or order that the commissioner may issue. The resolution of the board of directors approving the gift or donation shall identify the recipient of the gift or donation, state the value of the gift or donation, and specify the basis for the board’s determination that the gift or donation is in the best interests of the credit union. The board may establish a budget for gifts and donations and authorize appropriate officials of the credit union to select recipients and disburse budgeted funds among those recipients.

Section § 14409

Explanation

This law requires every credit union to have sufficient bond or insurance coverage for its board members, officers, and employees. This means everyone in a leadership role or with significant responsibilities should be covered. The law also allows the commissioner to set rules on what is considered an adequate amount of coverage. These rules might be based on the credit union's total assets and include a formula for calculating the necessary coverage.

(a)CA Financial Code § 14409(a) Every credit union shall obtain adequate bond or insurance coverage, for each director, officer, supervisory committee member, audit committee member, and credit committee member, for the credit manager, and for each employee.
(b)CA Financial Code § 14409(b) The commissioner may adopt regulations setting forth guidelines with respect to the minimum amount of the bond or insurance coverage deemed adequate. The regulations may be based upon the gross assets of the credit union and may contain a formula or schedule for the calculation of minimum bond or insurance coverage.

Section § 14409.2

Explanation

Credit unions can share fingerprints of job applicants with law enforcement to check for criminal records. This allows them to see if someone has been convicted or is awaiting trial for certain crimes like theft or fraud. If a credit union finds through these checks that hiring the applicant might be risky for them or their customers, they can refuse employment. Applicants must agree in writing to this background check, and any criminal information gathered must remain confidential, used only for hiring decisions.

(a)CA Financial Code § 14409.2(a) Notwithstanding the provisions of Sections 1051, 1052, and 1054 of the Labor Code and Section 2947 of the Penal Code, any credit union or officer or employee thereof may deliver fingerprints taken of an applicant for employment by the credit union to local, state, or federal law enforcement agencies for the purpose of obtaining information as to the existence and nature of a criminal record, if any, of the applicant relating to convictions, and to any arrest for which the applicant is released on bail or on his or her own recognizance pending trial, for the commission or attempted commission of a crime involving robbery, burglary, theft, embezzlement, fraud, forgery, bookmaking, receiving stolen property, counterfeiting, or involving checks or credit cards or using computers.
(b)CA Financial Code § 14409.2(b) The Department of Justice shall, pursuant to Section 11105 of the Penal Code, and a local agency may, pursuant to Section 13300 of the Penal Code, furnish to the officer of the credit union responsible for the final decision regarding employment of the applicant, or to his or her designees having responsibilities for personnel or security decisions in the usual scope and course of their employment with the credit union, summary criminal history information when requested pursuant to this section. If, upon evaluation of the criminal history information received pursuant to this section, the credit union determines that employment of the applicant would constitute an unreasonable risk to the credit union or its customers, the applicant may be denied employment.
(c)CA Financial Code § 14409.2(c) A request for records pursuant to this section made of the Department of Justice shall be on a form approved by the department. The department may charge a fee to be paid by the requesting credit union pursuant to subdivision (e) of Section 11105 of the Penal Code. No request shall be submitted without the written consent of the applicant.
(d)CA Financial Code § 14409.2(d) Any criminal history information obtained pursuant to this section is confidential and no recipient shall disclose its contents other than for the purpose for which it was acquired.

Section § 14410

Explanation

This section explains that members of a credit union's board or committees are not allowed to be paid for serving on these bodies but can receive things like health insurance. However, members can receive small non-cash perks if approved by the commissioner. Members are also allowed to get reimbursed for actual expenses incurred, like travel related to credit union work, as long as it follows the commissioner's rules. Lastly, if someone works as an employee, like a manager or loan officer, they can still be paid for their work.

(a)Copy CA Financial Code § 14410(a)
(1)Copy CA Financial Code § 14410(a)(1) A member of the board of directors, supervisory committee, audit committee, or credit committee shall not receive compensation for that member’s services as a member of the board of directors, supervisory committee, audit committee, or credit committee, but the member may be provided with reasonable health, accident, and similar insurance.
(2)CA Financial Code § 14410(a)(2) This subdivision does not prohibit a member of the board of directors, supervisory committee, audit committee, or credit committee from receiving nonmonetary compensation that is incidental to the person’s service as a member of the board of directors, supervisory committee, audit committee, or credit committee, if and as approved by regulation or order of the commissioner.
(b)CA Financial Code § 14410(b) Notwithstanding subdivision (a), a director or committee member may be reimbursed for actual expenses incurred in the performance of that person’s duties if reimbursement is made pursuant to the requirements of the commissioner’s regulations controlling expense reimbursement by the credit union. Reimbursement for actual expenses may include, among other things, travel expenses incurred on or relating to credit union businesses and any other matters, categories, or items of expense that the commissioner establishes by regulation.
(c)CA Financial Code § 14410(c) This section shall not prevent any person from receiving compensation for actual services as a general manager, credit manager, loan officer, or other position as an employee of the credit union.