Section § 14750

Explanation

This law means that if someone in a credit union, like an officer or an employee, allows or helps to create a financial obligation that involves someone who isn’t a member, or that doesn’t follow the credit union’s rules, they can be charged with a misdemeanor. The exception to this rule is outlined in another section.

Except as provided in Section 14950, any officer, director, member of a committee of a credit union, loan officer appointed pursuant to Section 14602, or employee who knowingly permits the creation of an obligation with, or participates in the creation of an obligation with, a nonmember of the credit union, or knowingly permits the creation of an obligation or participates in the creation of an obligation which is not made in conformity with the requirements of this division, is guilty of a misdemeanor.

Section § 14751

Explanation

If someone in a key position at a credit union, like an officer or loan officer, breaks certain rules about creating financial obligations (as outlined in another section), they are responsible for paying back the credit union for any such obligation that was improperly set up. Even if they argue that the obligation was created illegally, this will not protect them from having to pay back the amount to the credit union.

Any officer, director, member of a committee, credit manager, or loan officer appointed pursuant to Section 14602 who violates Section 14750 is primarily liable to the credit union for the amount of any obligation that was created in violation of Section 14750. The illegality of the creation of the obligation is no defense in an action by the credit union to recover any amounts owing as a result of any obligation created in violation of Section 14750.

Section § 14752

Explanation

This law states that if someone intentionally breaks a rule or provision in this part of the financial code, they can be fined up to $10,000 or jailed for up to a year, or both. However, imprisonment for breaking a rule or order can only happen if the person knew about that rule or order. Additionally, even if someone is convicted, it doesn't prevent the commissioner from using their administrative powers described in another section.

Except as provided for in Section 14051 and this article, any person who willfully violates any provision of this division, or who willfully violates any rule or order issued pursuant to this division, shall upon conviction be fined not more than ten thousand dollars ($10,000) or imprisoned pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not more than one year, or be punished by both that fine and imprisonment, but no person may be imprisoned for the violation of any rule or order unless he or she had knowledge of the rule or order. Conviction under this section shall not bar the exercise of the administrative authority of the commissioner provided in Section 14208.

Section § 14753

Explanation

This law makes it a serious crime (a felony) for anyone working at a credit union to take bribes or personal benefits for arranging loans, facilitating the purchase or discounting of financial documents, or allowing account overdrafts.

Any director, officer, or employee of a credit union who asks for, receives, or agrees to receive any money, property, or thing of value for his personal benefit or advantage for (a) procuring or attempting to procure for any person any loan from that credit union, (b) for the purchase or discount of any note, draft, check, bill of exchange, or other obligation by that credit union, or (c) for permitting any person to overdraw any account with that credit union, is guilty of a felony.

Section § 14754

Explanation

This law says that if someone who works at a credit union, like a director or employee, knowingly takes out more money than they have in their account without having prior approval for an overdraft through a proper agreement, they are committing a felony.

Any director, officer, or employee of a credit union who knowingly overdraws his or her account with that credit union, except for any overdraft pursuant to an agreement which is approved in advance as provided in Section 14603 and which is in conformity with Section 15050, is guilty of a felony.

Section § 14755

Explanation

This law states that if someone working for a credit union, like a director or employee, intentionally takes or uses the credit union's property in a way that's not for settling a legitimate debt and does this with the intention to cheat or deceive, they are committing a felony. It also applies if they fail to record these actions accurately in the credit union's financial records or help in falsifying these records.

Any director, officer, agent, or employee of any credit union who knowingly receives or possesses the credit union’s property otherwise than in payment of a just demand with intent to defraud, omits to make or omits to cause to be made a full and true entry thereof in the credit union’s books and accounts, or concurs in omitting to make any material entry thereof, is guilty of a felony.

Section § 14756

Explanation

If a director, officer, agent, or employee of a credit union is involved in knowingly making false statements about the credit union's financial status, refuses to properly maintain the credit union's financial books, or denies access to inspectors, they commit a felony.

Any director, officer, agent, or employee of a credit union who (1) knowingly concurs in making or publishing any written report, exhibit, or statement of the credit union’s affairs or financial condition containing any material statement which is false, or (2) having the custody of the credit union’s books, willfully refuses or neglects to make any proper entry in those books as required by law, or (3) refuses to allow the books to be inspected or extracts to be taken therefrom by the commissioner or the commissioner’s deputies or examiners, is guilty of a felony.

Section § 14758

Explanation

This law states that if someone working for a credit union, such as a director, officer, or employee, deposits the credit union's money with another person and expects or arranges for that person to give a loan back to any credit union insider, they are committing a felony. It doesn't matter if this expectation is clearly stated or just understood.

Any director, officer, or employee of a credit union who makes or maintains, or attempts to make or maintain, a deposit of the credit union’s funds with any other person on the condition or with the understanding, whether express or implied, that the person receiving that deposit will make a loan or advance, directly or indirectly, to any director, officer, or employee of the credit union is guilty of a felony.

Section § 14759

Explanation

This law states that anyone working at a credit union, such as an officer, director, employee, or agent, commits a felony if they intentionally make false or misleading entries in records, reports, or statements regarding the credit union’s operations or financial condition.

This includes actions intended to deceive officials or examiners, either from within the credit union or from external authorities, as well as the omission, alteration, concealment, or destruction of required records.

Any officer, director, employee, or agent of any credit union who willfully makes a false or untrue entry in any book, record, report, statement concerning the business or affairs of the credit union, or statement of condition or in connection with any transaction of the credit union with intent to deceive any officer or director thereof, or with intent to deceive any agent or examiner, whether private or public, employed or lawfully appointed to examine into the credit union’s condition or to examine into any of the credit union’s affairs or transactions, or with intent to deceive any public officer, office, or board to which the credit union is required by law to report or which has authority by law to examine into the credit union’s affairs or transactions or to examine into any of the credit union’s affairs or transactions or who, with like intent, willfully omits to make a new entry of any matter particularly pertaining to the business, property, condition, affairs, transactions, assets, or accounts of the credit union in any book, record, report, or statement of the credit union, or who with like intent alters, abstracts, conceals, or destroys any book, record, report, or statement of the credit union made, written, or kept, or required to be made, written, or kept by him or her or under his or her direction, is guilty of a felony.

Section § 14760

Explanation

This law states that a director of a credit union is committing a misdemeanor if they are involved in fraudulent insolvency. This means that if the credit union goes bankrupt through deceitful actions and the director was part of that fraud, they are guilty of a crime.

Additionally, if a director deliberately does something illegal in their role or neglects a legal duty, they are guilty of a misdemeanor. A credit union's insolvency is considered fraudulent unless an investigation shows it was managed legally and responsibly.

(a)CA Financial Code § 14760(a) Every director of a credit union is guilty of a misdemeanor who:
(1)CA Financial Code § 14760(a)(1) In case of the fraudulent insolvency of that credit union, has participated in the fraud; or
(2)CA Financial Code § 14760(a)(2) Willfully does any act in his or her capacity as director which is expressly forbidden by law or willfully omits to perform any duty imposed upon him or her as such a director by law.
(b)CA Financial Code § 14760(b) The insolvency of a credit union is deemed fraudulent for the purposes of this section, unless its affairs appear upon investigation to have been administered lawfully and with the same care and diligence that agents receiving a compensation for their services are bound to observe.

Section § 14761

Explanation

This law states that if an officer or agent of a credit union guarantees or endorses a financial obligation that pushes the credit union's liabilities beyond legal lending limits, they are committing a misdemeanor. In simple terms, it's illegal for them to put the credit union at financial risk by exceeding what they're allowed to lend or discount.

Any officer or agent of any credit union who makes or delivers any guaranty or endorsement on behalf of the credit union whereby the credit union may become liable upon any of the credit union’s discounted notes, bills, or obligations in a sum beyond the amount of loans and discounts which the credit union may lawfully make, is guilty of a misdemeanor.

Section § 14762

Explanation

This law says that if a director of a credit union agrees to lend or give a discount to another director of the same credit union that goes over the legal limit, they have committed a misdemeanor. In simple terms, it's illegal for credit union directors to approve loans to themselves or other directors that break lending rules.

A director of a credit union who concurs in any vote or act of the directors of the credit union by which it is intended to make a loan or discount to any director of the credit union exceeding the amount allowed by law, is guilty of a misdemeanor.

Section § 14763

Explanation

This law states that if any officer or employee of a credit union hides loans or discounts given between board meetings from the credit union's directors, or hides securities transactions during that time, they are committing a misdemeanor. Additionally, failing to report these activities to the board when legally required is also a misdemeanor.

Any officer or employee of any credit union who intentionally conceals from the directors of the credit union any discounts or loans made by the credit union between the regular meetings of its board of directors, or intentionally conceals the purchase of any securities or the sale of the credit union’s securities during that period, or who knowingly fails to report to the board of directors when required to do so by law all discounts or loans made by the credit union and all securities purchased or sold by the credit union between the regular meetings of its board of directors, is guilty of a misdemeanor.

Section § 14764

Explanation

A credit union cannot buy property or any interest in property if one of its officers, directors, or employees has a personal or financial stake in it. This includes leases, contracts, notes, or bonds. They must get written permission from the commissioner before proceeding with such a purchase.

No credit union shall purchase any real or personal property or any interest in real or personal property, including, but not limited to, a leasehold, or any contract arising from the sale of real or personal property or any note or bond in which any officer, director, or employee of the credit union is personally or financially interested, directly or indirectly, for that person’s own account or as the partner or agent of others, without first obtaining the written consent of the commissioner.

Section § 14765

Explanation

This California law states that officers, directors, or employees of a credit union are prohibited from buying or having an interest in buying the credit union's assets for less than their current market value. If they do, they can be fined up to twice the asset's market value.

To determine an asset's market value, the credit union can average the values given by two independent, industry-recognized third parties. The law does make exceptions, allowing the purchase of used credit union equipment or furnishings if the total market value is $500 or less. Additionally, the credit union can gift items to officers or directors as long as the gift value doesn't exceed $500.

(a)CA Financial Code § 14765(a) An officer, as described in Section 14500, a director, or an employee of a credit union shall not purchase, directly or indirectly, or be interested in the purchase of, any of the credit union’s assets for an amount less than the then current market value. Every person who violates this section shall be liable to the people of this state for each offense in an amount of up to twice the market value of the assets purchased.
(b)CA Financial Code § 14765(b) In calculating the market value of an asset, the credit union may use the average value of two valuations of the asset from two separate third parties recognized in the industry for establishing market value in connection with a private-party purchase and sale of comparable assets.
(c)CA Financial Code § 14765(c) This section shall not apply to the purchase of used credit union equipment or furnishings by an officer or director if the current market value of the asset or assets purchased does not exceed five hundred dollars ($500) in the aggregate.
(d)CA Financial Code § 14765(d) This section shall not be construed to prohibit the credit union from making a gift to an officer or director if the current market value of the gift or gifts does not exceed five hundred dollars ($500) in the aggregate.

Section § 14766

Explanation

This section states that no officer, director, or employee of a credit union can buy the credit union’s debts for less than their recorded value, unless the credit union's board of directors agrees to it beforehand and informs the commissioner afterward. Violators must pay double the debt's value as a penalty. Additionally, the board must create a policy based on standard accounting rules to determine how the book value is calculated.

(a)CA Financial Code § 14766(a) An officer, as described in Section 14500, a director, or an employee of a credit union shall not purchase, directly or indirectly, or be interested in the purchase of, any of the credit union’s obligations for an amount less than the book value thereof, unless all the directors of the credit union previously approve the purchase by resolution and a copy of the resolution is delivered to the commissioner immediately after adoption. Every person who violates this section shall be liable to the people of this state for each offense in an amount of up to twice the book value of the obligations purchased.
(b)CA Financial Code § 14766(b) The method used for determining book value shall be set forth in a written policy governing the sale of credit union obligations established and approved by the board of directors. The method used shall be consistent with generally accepted accounting principles.

Section § 14767

Explanation

This law makes it illegal for someone to knowingly submit false information or leave out important details in any document filed with the commissioner. Basically, any critical fact that's required must be included, and no lies are allowed.

It is unlawful for any person willfully to make any untrue statement of a material fact in any document filed with the commissioner under this division, or willfully to omit to state in any document any material fact which is required to be stated therein.

Section § 14768

Explanation

This law states that if someone working for a credit union, like an officer or employee, steals or misuses the credit union's money, property, or credit on purpose, they are committing a felony crime. In addition to regular punishments, the person must repay what they took. This law does not change any existing laws about punishment for such crimes.

Any officer, director, employee, or agent of any credit union who abstracts or willfully misapplies any of the money, funds, or property of the credit union, or willfully misapplies its credit, is guilty of a felony. Upon conviction, the court shall, in addition to any other punishment imposed, order the person to make full restitution to the credit union. Nothing in this section shall be deemed or construed to repeal, amend, or impair any existing provision of law prescribing a punishment for such an offense.