Section § 14850

Explanation

This law states that credit unions in California don't need to follow the typical rules for selling securities when it comes to selling membership shares or similar securities. As long as they comply with the relevant rules and regulations for credit unions, they don't have to file certain certificates with the Secretary of State.

The Corporate Securities Law relating to the necessity of qualification of the sale of securities does not apply to the sale and issue of membership shares, certificates for funds, and other securities, by credit unions organized under this division or lawfully doing business in this state. No credit union lawfully doing business in this state shall be required to file a certificate for determination of preference with the office of the Secretary of State in connection with any share offering so long as it complies with all applicable provisions of this division and the rules of the commissioner.

Section § 14851

Explanation

This law outlines the conditions under which a credit union in California can issue shares. Shares can be issued to members, certain government employees acting in their official roles, other credit unions, and coowned accounts (like joint tenancy). However, nonmembers who coown shares with members do not get member privileges like voting or loans. When shares are coowned, the certificate must state that transferring the shares doesn’t transfer voting rights or other member privileges. Shares can also be transferred to government agencies designated by members as surety deposits. Additionally, credit unions with a low-income designation can issue shares to nonmembers, but this cannot exceed 20% of their capital and surplus unless approved by the commissioner.

(a)CA Financial Code § 14851(a) A credit union may issue shares as follows:
(1)CA Financial Code § 14851(a)(1) To a member qualified pursuant to the credit union’s bylaws.
(2)CA Financial Code § 14851(a)(2) To an officer, employee, or agent of nonmember units of federal, Indian tribal, state, or local governments, and political subdivisions thereof, when acting in that officer’s, employee’s, or agent’s official capacity.
(3)CA Financial Code § 14851(a)(3) To a member or nonmember state or federal credit union.
(4)Copy CA Financial Code § 14851(a)(4)
(A)Copy CA Financial Code § 14851(a)(4)(A) In coownership to a member and a person designated by the member.
(B)CA Financial Code § 14851(a)(4)(A)(B) As used in this paragraph, coownership includes, but is not limited to, joint tenancy, tenancy in common, or community property forms of ownership.
(b)CA Financial Code § 14851(b) Membership privileges, including voting and obtaining a loan, may not be made available to a nonmember as a result of ownership of shares solely as a coowner of shares with a member. A certificate or other evidence of shares that is issued shall contain the words “No transfer of voting rights or other membership privilege is permitted by virtue of a transfer of shares.” Shares may be transferred to a public agency lawfully entitled to receive the shares when designated by a member as an assignee of an account pledged as a surety deposit to the public agency by the member.
(c)CA Financial Code § 14851(c) A credit union that has a low-income designation pursuant to Section 701.34 of the regulations of the National Credit Union Administration (12 C.F.R. Sec. 701.34) may issue shares to nonmembers. Except with the written approval of the commissioner, the total number of shares issued by the credit union to nonmembers pursuant to this subdivision shall not exceed 20 percent of the unimpaired capital and surplus of the credit union.

Section § 14852

Explanation

This law allows credit unions to charge a reasonable fee when transferring ownership of their shares.

Every credit union may charge a reasonable fee for the transfer of its shares.

Section § 14853

Explanation

This law allows credit unions to issue accounts, shares, or certificates to minors of any age. Minors can make deposits and are also allowed to withdraw, transfer, or use the money as they wish, just like adults. Any payment by the credit union to the minor, whether dividends or interest, is considered final and releases the credit union from any further obligations regarding that payment.

A credit union may issue shares or certificates for funds to a minor of any age or maintain any other account authorized for credit union members for a minor, and receive payments thereon by or for the minor. The minor is entitled to withdraw, transfer, or pledge any shares or certificates or other moneys owned by him or her and to receive from the credit union all dividends, interest, or other money due thereon in the same manner and subject to the same conditions as an adult. The receipt or acquittance of a minor constitutes a valid release and discharge of the credit union for the payment of dividends, interest, or other money due to the minor.

Section § 14854

Explanation
If you have a credit union account with more than one person listed, it's treated like a special kind of joint account defined in another part of the law. This means certain rules from the Probate Code apply to how the account is managed and what happens to the money if an account holder passes away.
Subject to Section 14860, a credit union share account that is a multiple-party account, as defined in Section 5132 of the Probate Code, is governed by Part 2 (commencing with Section 5100) of Division 5 of the Probate Code.

Section § 14855

Explanation

This law allows credit unions to take money from members, pool those funds together for loans, and issue official certificates acknowledging the money received. These certificates must clearly state the date, amount, interest rate, and details about when both the principal and interest need to be paid back.

Every credit union may receive money and accumulate funds to be loaned and execute certificates for funds for the money received. The certificates for funds shall specify the date, amount, rate of interest, and when the principal and interest are payable.

Section § 14856

Explanation

This law allows credit unions to place a claim on the shares and dividends of their members to cover any debts or payments the member owes to the credit union. This means if a member owes money, the credit union can use the member's shares or dividends to settle those debts.

Every credit union may impress a lien upon the shares and dividends of any member to the extent of any obligations entered into with that member and for any dues or charges payable by that member.

Section § 14857

Explanation

This law allows a credit union to cancel the shares of a member if they leave or are kicked out. The credit union can then use the value of those shares to pay off any amount the member owes to the credit union.

Every credit union may cancel the shares of any member who withdraws or is expelled, and apply the value of the shares to the liquidation of the member’s indebtedness to the credit union.

Section § 14858

Explanation

This law requires credit unions to obtain insurance for their members' deposits. They can either get federal insurance under the Federal Credit Union Act or another type of insurance approved by the state's commissioner. Credit unions must abide by all necessary obligations to secure and maintain this insurance as long as it doesn't conflict with California laws.

Every credit union shall apply for and obtain insurance as provided for by Title II of the Federal Credit Union Act (12 U.S.C. Sec. 1781 and following), or other insurance or guaranty of shares that is not unsatisfactory to the commissioner. In seeking and retaining this insurance or guaranty, a credit union may do all things and assume and discharge all obligations required of it when not in conflict with the laws of this state.

Section § 14860

Explanation

This law outlines the conditions under which credit unions in California can act as trustees or custodians for certain types of trust accounts, such as those related to pension, education, or medical plans. Typically, credit unions can't exercise trust powers unless they qualify as a trust company, but this statute provides exceptions. Credit unions can manage trust funds for plans offering specific tax benefits but must keep records and maintain funds according to relevant regulations. The law also permits credit unions to issue shares in trusts, with specific rules depending on whether the trust is revocable or irrevocable. Further, trusts must allow for appointing a successor trustee if the credit union can no longer serve in that role.

Except as provided in this section and Part 2 (commencing with Section 5100) of Division 5 of the Probate Code, no credit union shall exercise trust powers except upon qualifying as a trust company pursuant to Division 1 (commencing with Section 99).
(a)CA Financial Code § 14860(a) Notwithstanding any other law relating to trusts and trust authority, subject to the regulations of the commissioner, a credit union may act as a trustee or custodian, and may receive reasonable compensation for so acting, under any written trust instrument or custodial agreement created or organized in the United States which is a part of a pension, education, or medical plan for its members or groups or organizations of its members, which qualifies or has qualified for specific tax treatment under Section 220, 223, 401, 408, 408A, 457, or 530 of the Internal Revenue Code, Title 26 of the United States Code, or any deferred compensation plan for the benefit of the credit union’s employees, provided the funds received pursuant to these plans are invested as provided in Section 16040 of the Probate Code. All funds held by a credit union as trustee or in a custodial capacity shall be maintained in accordance with applicable laws and rules and regulations as may be promulgated by the Secretary of Labor, the Secretary of the Treasury, or any other authority exercising jurisdiction over the trust or custodial accounts. The credit union shall maintain individual records for each participant or beneficiary that show in detail all transactions relating to the funds of each participant or beneficiary.
The trust instrument or agreement shall provide for the appointment of a successor trustee or custodian by a person, committee, corporation, or organization other than the credit union or any person acting in his or her capacity as a director, employee, or agent of the credit union, upon notice from the credit union or the commissioner that the credit union is unwilling or unable to continue to act as trustee or custodian.
(b)CA Financial Code § 14860(b) Shares may be issued in a revocable or irrevocable trust subject to the following:
(1)CA Financial Code § 14860(b)(1) When shares are issued in a revocable trust, the settlor shall be a member of the credit union issuing the shares in his or her own right. If the trust has joint settlors, who are spouses, then only one settlor need be a member of the credit union.
(2)CA Financial Code § 14860(b)(2) When shares are issued in an irrevocable trust, the settlor or the beneficiary shall be a member of this credit union in his or her own right. For purposes of this section, shares issued pursuant to a pension plan authorized by this section shall be treated as an irrevocable trust unless otherwise indicated in rules and regulations issued by the commissioner.
(3)CA Financial Code § 14860(b)(3) This subdivision does not apply to trust accounts established prior to the effective date of this subdivision.

Section § 14861

Explanation

This law states that credit unions can only issue shares to people who qualify for membership according to their rules. The only exception is if shares are issued in coownership, as outlined in another section.

No credit union shall issue shares to anyone not qualified for membership under its bylaws, except shares issued in coownership as provided in Section 14851.

Section § 14863

Explanation

This law ensures that credit unions cannot charge fees to members or depositors who hold certain types of savings accounts, called 'periodic certificates for funds,' if they fail to make a scheduled deposit or if they deposit late.

Furthermore, the credit union must pay the same interest rate on these accounts as it would on accounts where regular deposits are made as scheduled.

A 'periodic certificate for funds' refers to an account where the member agrees to regularly deposit a certain amount, but it does not include accounts set up to pay taxes or expenses related to a mortgage.

(a)CA Financial Code § 14863(a) A credit union shall not impose any charge on a member or depositor holding a periodic certificate for funds for the failure of such member or depositor to invest, or for the late investment of, any agreed periodic installment investment in such a periodic certificate for funds. A credit union shall pay interest on periodic certificates for funds at the same rate of interest per annum as is paid on certificates for funds as to which a member or depositor has not agreed to make periodic installment investments.
(b)CA Financial Code § 14863(b) As used in this section “periodic certificate for funds” means a certificate for funds under which a member or depositor undertakes to make periodic investments of a specified amount into one account, except, however, a periodic certificate for funds shall not mean an impound account established for the purpose of payment of taxes or other expenses and obligations in connection with a loan secured by real property.

Section § 14865

Explanation

In this section, when a credit union gives shares to its members, those shares are shown in monetary value rather than a specific number of shares. The member's shares are also called a 'share account.' There is no maximum limit to the number of shares a credit union can issue.

Shares issued by a credit union to a member shall be evidenced in monetary amounts rather than by numbers of shares. The shares owned by a member also may be referred to as a “share account”. There shall be no limit to the amount of shares which a credit union may issue.

Section § 14866

Explanation

When you have shares in a credit union, you get a document like a certificate, passbook, or statement to prove it. However, these shares are not considered 'investment securities' under specific rules in the Commercial Code.

The evidence of credit union shares issued shall be a certificate, a passbook, a statement or other evidence approved by regulation of the commissioner. The evidence of any credit union shares shall not constitute an “investment security” under Division 8 (commencing with Section 8101) of the Commercial Code.

Section § 14867

Explanation

This section explains how shares and funds can be withdrawn from a credit union. It states that the board of directors will set written procedures for withdrawal and can decide on notice requirements for withdrawing or transferring funds, unless the law requires otherwise.

It also clarifies that, unless a written agreement says differently, the rules about withdrawing or transferring items at a credit union are the same as those for banks, as outlined in certain parts of the Commercial Code.

(a)CA Financial Code § 14867(a) Shares, including special shares, and certificates for funds may be withdrawn for payment to the owner or for any third party, in the manner and in accordance with written procedures which shall be established by the board of directors.
(b)CA Financial Code § 14867(b) The board of directors may waive any requirement of notice of intent to withdraw or provide that there is no requirement of notice of intent to withdraw or to transfer funds, except when requirement of the notice is imposed by applicable law.
(c)CA Financial Code § 14867(c) Unless otherwise provided by written agreement of the parties, the rights, responsibilities, and liabilities of a person regarding an item withdrawn from a credit union, or transferred to a credit union or otherwise handled by a credit union are defined in and determined by the provisions of Division 3 (commencing with Section 3101) and Division 4 (commencing with Section 4101) of the Commercial Code, as if the credit union were a bank.

Section § 14868

Explanation

This law section defines certain terms and requirements related to Totten trust accounts. A 'beneficiary' is defined as in another part of the Probate Code, and a 'Totten trust account' is also defined elsewhere. Importantly, when setting up a Totten trust account, the agreement must include the current address of each beneficiary.

(a)CA Financial Code § 14868(a) As used in this section:
(1)CA Financial Code § 14868(a)(1) “Beneficiary” has the meaning given that term in Section 5126 of the Probate Code.
(2)CA Financial Code § 14868(a)(2) “Totten trust account” has the meaning given that term in Section 80 of the Probate Code.
(b)CA Financial Code § 14868(b) In the case of a Totten trust account, the deposit agreement shall indicate the current address of each beneficiary.

Section § 14870

Explanation

This law explains how credit unions in California can run promotions that reward people with chances to win prizes when they save money. A 'qualifying account' is one that allows participation in these contests, while 'nonqualifying accounts' do not. To join the promotion, participants cannot be charged any fees or need to pay to enter. The rules must ensure everyone has an equal shot at winning, and participants don’t need to be present when prizes are drawn. Depositing a certain amount to enter does not count as paying a fee, so long as interest rates are not lowered in qualifying accounts compared to others. These promotions aren’t considered illegal lotteries.

(a)CA Financial Code § 14870(a) For purposes of this section, the following definitions apply:
(1)CA Financial Code § 14870(a)(1) “Nonqualifying account” means a deposit account, other than a demand deposit account, that is not a qualifying account.
(2)CA Financial Code § 14870(a)(2) “Qualifying account” means a deposit account, other than a demand deposit account, through which a credit union’s depositors may obtain chances to win prizes in a savings promotion.
(3)CA Financial Code § 14870(a)(3) “Savings promotion” means a contest or promotion to encourage savings deposits that is sponsored by one or more credit unions, or by a credit union trade association or its subsidiary in conjunction with one or more credit unions, and in which credit union depositors are offered a chance to win designated prizes.
(b)CA Financial Code § 14870(b) A credit union may sponsor or participate in a savings promotion if all of the following requirements are satisfied:
(1)CA Financial Code § 14870(b)(1) Credit union depositors are not required to pay any fee or otherwise provide any consideration in order to enter the savings promotion.
(2)CA Financial Code § 14870(b)(2) All material terms of, and fees charged by a credit union in connection with, a qualifying account are comparable to those of comparable nonqualifying accounts offered by the credit union.
(3)CA Financial Code § 14870(b)(3) Each entry in the savings promotion has an equal chance of winning.
(4)CA Financial Code § 14870(b)(4) Participants in the savings promotion are not required to be present at a prize drawing in order to win.
(c)CA Financial Code § 14870(c) For purposes of this section, a depositor’s deposit of at least a specified amount of money in a qualifying account, which is required in order to enter the savings promotion, is not consideration if the interest rate associated with the qualifying account is not reduced, as compared to comparable nonqualifying accounts offered by the credit union, to account for the possibility of winning a prize.
(d)CA Financial Code § 14870(d) A savings promotion offered by a credit union shall not be considered a lottery within the meaning of Section 319 or 319.3 of the Penal Code, or a raffle within the meaning of Section 320.5 of the Penal Code.