Section § 14800

Explanation

This section explains how people can become members of a credit union. To join, individuals can buy a membership or shares, or pay an entrance fee, as detailed in the credit union's bylaws. Credit union officials cannot approve memberships or provide services to non-members, unless they join according to these rules. Additionally, credit unions can collaborate with other businesses to benefit members, and this includes joint service and loan programs. It also specifies that credit unions can admit corporate members if they own shares in them or have certain business interests with them.

(a)CA Financial Code § 14800(a) Every credit union may admit to membership those persons qualified for membership upon the occurrence of any of the following:
(1)CA Financial Code § 14800(a)(1) Upon the purchase of a membership in the credit union as provided in the credit union’s bylaws.
(2)CA Financial Code § 14800(a)(2) Upon the payment of an entrance fee established from time to time by the board of directors.
(3)CA Financial Code § 14800(a)(3) Upon the purchase of one or more shares in the credit union as provided in the credit union’s bylaws.
(b)CA Financial Code § 14800(b) No officer, director, committee member, or employee of any credit union shall approve a person for admission to membership or admit an applicant for membership in the credit union or extend any benefit or service of the credit union to any person, unless that person is admitted to membership in the credit union pursuant to subdivision (a).
(c)CA Financial Code § 14800(c) Nothing in subdivisions (a) and (b) shall be construed to limit the powers of a credit union to engage in joint service programs or business relationships for the benefit of their members where some incidental benefit may flow to third parties to the transaction or the authority for a credit union to engage in joint loan programs pursuant to Section 14959.
(d)CA Financial Code § 14800(d) Nothing in this section prohibits a credit union from admitting to membership a corporation in which the credit union holds shares pursuant to Section 14650 or a corporation formed to provide services to credit unions or to credit union members in which the credit union holds shares or a limited liability company formed to provide services to credit unions or to credit union members in which the credit union holds membership or economic interests pursuant to Section 14651.

Section § 14800.1

Explanation

In California, credit unions are allowed to offer certain financial services to people who are eligible to be members, even if they haven't officially joined yet. They can charge a fee for these services, but the fee can't be more than what it costs to provide them.

The services include selling checks, electronic fund transfers (both domestic and international), cashing checks, and receiving electronic fund transfers.

The term 'checks' in this law is defined according to another part of the Commercial Code.

(a)CA Financial Code § 14800.1(a) Notwithstanding subdivision (b) of Section 14800 or Section 14750, a credit union may do all of the following:
(1)CA Financial Code § 14800.1(a)(1) Provide the services specified in paragraph (2) to a natural person within the field of membership, regardless of whether the person is admitted to membership, and charge a fee for the provision of those services, which fee shall not exceed the cost to provide those services.
(2)Copy CA Financial Code § 14800.1(a)(2)
(A)Copy CA Financial Code § 14800.1(a)(2)(A) Sell checks and other similar money transfer instruments, including international and domestic electronic fund transfers.
(B)CA Financial Code § 14800.1(a)(2)(A)(B) Cash checks and other similar money transfer instruments and receive international and domestic electronic fund transfers.
(b)CA Financial Code § 14800.1(b) For purposes of this section, “checks” shall have the same meaning as set forth in subdivision (f) of Section 3104 of the Commercial Code.

Section § 14801

Explanation

This law states that credit unions in California have the authority to expel members according to specific rules outlined in other sections of the law.

Every credit union may expel members as provided in Section 14456 of this division and Section 7341 of the Corporations Code.

Section § 14802

Explanation

If you're a member of a credit union, you need to keep them updated with your current address. If you don't, they can charge you up to $5 to find out where you are. This charge is only for costs from professional services that locate people, and they can only apply this charge to your account once a year.

Each member shall keep the credit union informed of his current address. In the event a member fails to do this, a charge may be made to the member’s share account for the actual cost of necessary locator service incurred in determining such an address; provided, however, that such charge shall not exceed five dollars ($5). Such charge shall be made only for amounts paid to a person or concern normally engaged in providing such service and shall be made against the account or accounts of any one member no more than once in any 12-month period.

Section § 14803

Explanation

A credit union isn't allowed to pay someone for signing up new members or for convincing existing members to deposit more money. However, they can offer reasonable incentives for becoming a member, depositing more funds, or for employees who help in these activities, as long as the board approves these incentives. Additionally, credit unions can still use their growth in membership numbers as part of their employee compensation plans.

(a)CA Financial Code § 14803(a) No credit union shall pay any commission or compensation to any person for securing a new member or for getting an existing member to make an additional deposit.
(b)CA Financial Code § 14803(b) Notwithstanding subdivision (a), a credit union may, pursuant to an incentive policy approved by the board of directors, offer and pay a reasonable incentive or inducement to (1) a nonmember for becoming a member of the credit union, (2) an existing member for depositing additional funds, and (3) an employee or member who assists in getting a nonmember to become a new member of the credit union or who assists in getting an existing member to make an additional deposit.
(c)CA Financial Code § 14803(c) Nothing in subdivision (a) limits a credit union from using growth in the number of members in the credit union as part of its compensation program for its employees.

Section § 14804

Explanation

This law requires credit unions to hold an annual meeting for members where they elect directors, a supervisory committee or an audit committee, and a credit committee if their bylaws allow it. The meeting's time, place, and notice requirements are determined by the credit union's bylaws. Meetings, including the annual one, can be held online if the credit union's rules don't prohibit it, following specific guidelines.

(a)Copy CA Financial Code § 14804(a)
(1)Copy CA Financial Code § 14804(a)(1) The members of a credit union shall hold an annual meeting for the election of all of the following:
(A)CA Financial Code § 14804(a)(1)(A) Directors.
(B)CA Financial Code § 14804(a)(1)(B) A supervisory committee, unless the board of directors has appointed an audit committee pursuant to Section 14556.
(C)CA Financial Code § 14804(a)(1)(C) A credit committee, if provided for in its bylaws.
(2)CA Financial Code § 14804(a)(2) An annual meeting required by this subdivision shall be held at a time and place, and upon notice, as the bylaws provide.
(b)CA Financial Code § 14804(b) Unless prohibited by the articles or bylaws of the credit union, a regular or special meeting of the members, including an annual meeting, may be conducted, in whole or in part, by means of remote communication as set forth in subdivision (f) of Section 7510 of the Corporations Code.

Section § 14805

Explanation

This section explains the rules for holding special meetings in a credit union. The board of directors can order a special meeting, or a meeting must be held if it’s requested in writing by either 10 members or 3% of the membership, whichever is higher. Members must receive notice about the meeting's details, like when and where it will happen and what it’s about.

Also, unless the credit union's official documents say otherwise, both regular and special meetings can be held partly or entirely online, following another law related to remote communication.

(a)CA Financial Code § 14805(a) Special meetings of members may be held upon order of the board of directors. Special meetings of members shall be held upon the written request of 10 members or 3 percent of the membership, whichever is greater. Notice of special meetings shall be given to all members specifying the date, time, place, and purpose of the meeting.
(b)CA Financial Code § 14805(b) Unless prohibited by the articles or bylaws of the credit union, a regular or special meeting of members, including an annual meeting, may be conducted, in whole or in part, by means of remote communication as set forth in subdivision (f) of Section 7510 of the Corporations Code.

Section § 14806

Explanation

This law states that in credit unions created from September 15, 1945, onwards, each member is entitled to only one vote, no matter how many shares they own.

In credit unions formed on or after September 15, 1945, no member shall have more than one vote irrespective of the number of shares held by the member.

Section § 14807

Explanation

This law explains how a member can withdraw from a credit union. Members can leave at any time but might need to give a notice period before withdrawing their shares or funds, usually 60 days for shares and 30 days for certificates. The credit union’s board may set different notice periods.

Additionally, if a member becomes inactive and doesn’t do what's required to become active again, they might be considered to have left voluntarily. Similarly, if their funds are sent to the Controller’s office for escheat, it's seen as a voluntary withdrawal.

(a)CA Financial Code § 14807(a) A member may withdraw from membership in the credit union at any time. A withdrawing member may be required to give 60 days’ notice of intention to withdraw shares and 30 days’ notice of intention to withdraw certificates for funds, except when a different period of notice is required by the commissioner for the withdrawal of shares or share certificates that may be established by the board of directors.
(b)CA Financial Code § 14807(b) A member who fails to take steps necessary to be removed from inactive status pursuant to Section 14811 may be deemed to have voluntarily withdrawn from credit union membership.
(c)CA Financial Code § 14807(c) A member whose funds have been remitted to the Controller’s office for purposes of escheat consistent with Section 1513 of the Code of Civil Procedure shall be deemed to have voluntarily withdrawn from membership.

Section § 14808

Explanation

If a member leaves or is removed from a credit union, any money they paid into their shares or certificates, along with earned dividends or interest up to the time they left, will be refunded when possible. However, any debts the member owes to the credit union will be deducted first. Leaving or being expelled doesn't cancel any debts owed to the credit union or its creditors.

All amounts paid on shares or on certificates for funds of an expelled or withdrawn member, with any dividends or interest credited thereto to the date of withdrawal or expulsion, shall be paid to such members as funds become available, and after deducting all amounts due from the member to the credit union. Withdrawing or expelled members have no further rights in the credit union, but are not by expulsion or withdrawal released from any liability to the credit union or its creditors.

Section § 14809

Explanation

If you leave the area or group that qualifies you for credit union membership, you might still be able to keep your membership.

However, whether you can keep it or not depends on the specific rules set out in the credit union's bylaws.

Members who leave the field of membership may be permitted to retain their membership in the credit union unless otherwise provided in the credit union’s bylaws.

Section § 14811

Explanation

If a credit union member has no debts with the union and their account balance is too low, they can be moved to inactive status. An inactive member loses certain rights, like voting and receiving notices. They can't affect meeting quorums or votes and won't be sent financial reports unless they ask. If they fix their account status, they can become a regular member again. If they stay inactive for 90 days after being notified, they're considered to have quit the union. The notice must explain their inactive status, how to return to regular status, and that failing to do so within 90 days (or a longer period set by the union) means they will be assumed to have left the credit union.

(a)CA Financial Code § 14811(a) A member who has no outstanding obligations with the credit union and whose share account is below the amount established by the bylaws may be transferred to inactive member status.
(b)CA Financial Code § 14811(b) An inactive member has no voting rights, has no right to notice of meetings of members, shall not be considered a member for purposes of determination of a quorum or a required vote and need not be sent the annual report or financial statements except upon request.
(c)CA Financial Code § 14811(c) When one or more of the conditions in subdivision (a) cease to be applicable, an inactive member may be transferred back to regular member status.
(d)Copy CA Financial Code § 14811(d)
(1)Copy CA Financial Code § 14811(d)(1) A member who remains on inactive status for a period of at least 90 days after written notice from the credit union may be deemed to have voluntarily withdrawn from credit union membership.
(2)CA Financial Code § 14811(d)(2) The written notice referred to in paragraph (1) shall notify the member of, at a minimum, all of the following:
(A)CA Financial Code § 14811(d)(2)(A) That the member has been transferred to inactive status.
(B)CA Financial Code § 14811(d)(2)(B) The steps that the member may take to be transferred back to regular member status.
(C)CA Financial Code § 14811(d)(2)(C) That failure to take the steps necessary to be transferred back to regular member status within 90 days, or another period of time in excess of 90 days that the credit union specifies in its bylaws, will be deemed a voluntary withdrawal from credit union membership.

Section § 14812

Explanation
This law section states that a meeting of members requires at least 10% of the total membership or 50 members, whichever is fewer, to be present to proceed, unless the bylaws say differently.
Unless otherwise provided in the bylaws, a quorum for a meeting of members shall be 10 percent of the members or 50 members, whichever is less.

Section § 14820

Explanation

This law covers how credit union members can authorize someone else to vote on their behalf, called a proxy. A proxy is a document that lets another person vote in your place at a credit union. Generally, proxies are valid for up to 11 months, unless stated otherwise, but they can't last more than three years.

If the person who made the proxy passes away or becomes unable to act, it doesn't automatically cancel the proxy unless the credit union receives a written notice before the vote.

In cases where the credit union is facing financial troubles, it can ask members for irrevocable proxies, which can't be taken back, under specific conditions. These conditions include when a member has transferred their membership, or where creditors or employees have certain agreements with the credit union.

Additionally, any changes to the rules about proxies must be approved by members, and current irrevocable proxies remain valid even if the rules change, as long as they were originally issued correctly.

Finally, some proxies dealing with specific matters under the Nonprofit Mutual Benefit Corporation Law need to clearly describe what members will be voting on to be valid.

(a)CA Financial Code § 14820(a) Any member of a credit union may authorize another person or persons to act by proxy with respect to such membership, subject to subdivision (e). Any proxy purported to be executed in accordance with Section 14821 shall be presumptively valid.
(b)CA Financial Code § 14820(b) No proxy shall be valid after the expiration of 11 months from the date thereof unless otherwise provided in the proxy, except that the maximum term of any proxy shall be three years from the date of execution. Every proxy continues in full force and effect until revoked by the person executing it prior to the vote pursuant thereto, except as otherwise provided in this section. Such revocation may be effected by a writing delivered to the corporation stating that the proxy is revoked or by a subsequent proxy executed by the person executing the prior proxy and presented to the meeting, or as to any meeting by attendance at such meeting and voting in person by the person executing the proxy. The dates contained on the forms of proxy presumptively determine the order of execution, regardless of the postmark dates on the envelopes in which they are mailed.
(c)CA Financial Code § 14820(c) A proxy is not revoked by the death or incapacity of the maker or the termination of a membership as a result thereof unless, before the vote is counted, written notice of such death or incapacity is received by the corporation.
(d)CA Financial Code § 14820(d) Notwithstanding subdivisions (b) and (c), whenever any credit union which is subject to the provisions of this division is insolvent or its capital is impaired, or, when the commissioner determines that a credit union is in danger of insolvency or an impairment of its capital and the board of the directors of the credit union presents a reorganization plan to the commissioner and such plan is approved, the board of directors may, subject to the provisions of this division, solicit irrevocable proxies for a proxyholder who qualifies pursuant to this section. Unless otherwise provided in the articles or bylaws, the proxy of a member which states that it is irrevocable is irrevocable for the period specified therein when it is held by any of the following or a nominee of any of the following:
(1)CA Financial Code § 14820(d)(1) A person who has purchased or who has agreed to purchase the membership.
(2)CA Financial Code § 14820(d)(2) A creditor or creditors of the credit union who extended or continued credit or contracted to perform services to the corporation in consideration of the proxy if the proxy states that it was given in consideration of the extension or continuation of credit or services and the name of the person extending or continuing the credit or performing the service.
(3)CA Financial Code § 14820(d)(3) A person who has contracted to perform services as an employee of the credit union, if the proxy is required by the contract of employment and if the proxy states that it was given in consideration of such contract of employment, the name of the employee, and the period of employment for which the employee has contracted.
Notwithstanding the period of irrevocability specified, the proxy becomes revocable when the agreement to purchase is terminated, the debt of the credit union or the member is paid, or the period of employment provided for in the contract of employment or the contract to perform services has terminated. In addition to paragraphs (1) through (3), a proxy of a member may be made irrevocable notwithstanding subdivision (c) if it is given to secure the performance of a duty or to protect a title, either legal or equitable, until the happening of events which by its terms, discharge the obligations secured by it.
(e)CA Financial Code § 14820(e) Subdivision (a) notwithstanding:
(1)CA Financial Code § 14820(e)(1) No amendment of the articles or bylaws repealing, restricting, creating or expanding proxy rights may be adopted without approval by the members.
(2)CA Financial Code § 14820(e)(2) No amendment of the articles or bylaws restricting or limiting the use of proxies may affect the validity of a previously issued irrevocable proxy during the term of its irrevocability, so long as it complied with applicable provisions, if any, of the articles or bylaws at the time of issuance, and is otherwise valid under this section.
(f)CA Financial Code § 14820(f) Anything to the contrary notwithstanding, any revocable proxy covering matters requiring a vote of the members pursuant to Section 7222, Section 7224, Section 7233, Section 7812, paragraph (2) of subdivision (a) of Section 7911, Section 8012, subdivision (a) of Section 8015, Section 8610, or subdivision (a) of Section 8719 of the Nonprofit Mutual Benefit Corporation Law, Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code, or subdivision (e) is not valid as to such matters unless it sets forth the general nature of the matter to be voted on.

Section § 14821

Explanation

This section mandates that any proxy or ballot distributed to 10 or more credit union members must allow them to choose whether to approve or disapprove each matter presented at a meeting. Proxies valid for three years require annual notifications about how they may be used. If a member marks 'withhold' on a ballot regarding director elections, their vote will not count for or against those directors. Non-compliance doesn't void any actions but may lead to challenges, and courts can enforce these rules if a member requests it.

(a)CA Financial Code § 14821(a) Except for solicited proxies which on their face provide for a period of validity of three years from the date of execution of the proxy, any form of proxy or written ballot distributed to 10 or more members of a credit union shall afford an opportunity on the proxy or form of written ballot to specify at the time the written ballot or proxy is distributed, a choice between approval and disapproval of each matter or group of related matters intended to be acted upon at the meeting for which the proxy is solicited or by such written ballot, and shall provide, subject to reasonable specified conditions, that where the person solicited specifies a choice with respect to any such matter the vote shall be cast in accordance therewith.
(b)CA Financial Code § 14821(b) In any election of directors, any form of proxy or written ballot in which the directors to be voted upon are named therein as candidates and which is marked by a member “withhold” or otherwise marked in a manner indicating that the authority to vote for the election of directors is withheld, shall not be voted either for or against the election of a director.
(c)CA Financial Code § 14821(c) In the case of any solicited proxy which on its face provides for a period of validity of three years from the date of execution of the proxy, the credit union shall provide to the person executing the proxy a written notice at the time of solicitation and in each succeeding year of validity thereof, which shall advise the member of the nature of each matter or group of related matters on which the proxy may be voted. Notice pursuant to this subdivision may be sent with notice to the members of the date, time, and place of the annual meeting.
(d)CA Financial Code § 14821(d) Failure to comply with this section shall not invalidate any corporate action taken, but may be the basis for challenging any proxy at a meeting or written ballot and the superior court may compel compliance therewith at the suit of any member.

Section § 14822

Explanation

This law states that credit union members cannot use a proxy to vote on issues that are mailed out to all members for a written ballot. If there is already a valid proxy, its powers are put on hold when such a written vote is held.

Notwithstanding any other provision to the contrary, no member shall vote by proxy on any matter submitted by mail to all members of a credit union in a written ballot pursuant to Chapter 5 (commencing with Section 7510) of Part 3 of Division 2 of Title 1 of the Corporations Code, and the powers of any previously issued or outstanding valid, revocable proxy are suspended when any matter is submitted by mail to all members in a written ballot pursuant to Chapter 5 (commencing with Section 7510) of Part 3 of Division 2 of Title 1 of the Corporations Code.