12 U.S.C. § 1784 — Examination of insured credit unions
submitted 92 years ago by Pub. L. 91-468 to r/title-12-BANKS-AND-BANKING · 985 words · no verdicts yet
The Board may examine insured credit unions, investigate claims and legal compliance, issue subpoenas, and seek court enforcement. The section also requires flood-insurance reviews, requires liquidity assessments, and permits relevant information sharing with Federal Reserve banks.
(a) Examiners and Claim Agents. The Board* must appoint examiners who may examine an insured credit union*, an applicant for share-account* insurance, or a closed insured credit* union whenever needed to determine its insurance condition. Examiners may thoroughly examine its affairs and must give the Board a full, detailed condition report. The Board must likewise appoint claim agents to investigate insured-account claims. Claim agents may administer oaths, take and preserve sworn testimony about claims, issue subpoenas and subpoenas duces tecum, and seek enforcement in the specified district or territorial court where the credit union’s principal office is or where the witness lives or does business. Those courts have power to require compliance. (b) Board Powers. For examinations or investigations of compliance with law and rules, the Board or its representatives may administer oaths, take and preserve sworn testimony about the credit union’s affairs, issue the specified subpoenas, use the powers in section 1786(p), and seek enforcement in the specified court. That court may require compliance. (c) Enforcement and Immunity. If a person* refuses a subpoena or is contumacious, the Board may ask a proper United States court to require witness attendance and testimony and production of books, records, or papers. The court may order the person to appear before the Board or its designee, produce records if ordered, or testify about the issue. Disobedience may be punished as contempt. Process may be served where the person lives or does business or wherever found. A person may not refuse to attend, testify, or produce materials because it may incriminate or expose the person to a penalty or forfeiture. But after claiming the privilege, the person may not be prosecuted or penalized for the transaction or matter compelled, except for perjury in the testimony. (d) State* Reports. The Administration* may accept examination reports made by or for a State-chartered-credit-union supervisor and may provide the Board’s reports to that supervisor. (e) Flood Insurance. (1) During every examination under this section, the Board must determine whether the insured credit union follows the national flood insurance program. (2) Within one year after September 23, 1994, and every two years during the next four years, the Board must report to Congress on compliance. The report must describe compliance methods, the number examined, the number and list of noncompliant credit unions, corrective actions, trends, patterns and problems, and recommendations to improve examination efficiency. (f) Liquidity. The Board must periodically assess each insured credit union’s possible liquidity needs and available options, and the possible needs and options of insured credit unions as a group. (g) Federal Reserve Information. To help insured credit unions obtain liquidity, the Board must make relevant information available to Federal Reserve banks, with suitable confidentiality assurances, including examination reports.
The Board* shall appoint examiners who shall have power, on its behalf, to examine any insured credit union*, any credit* union making application for insurance of its member accounts, or any closed insured credit union whenever in the judgment of the Board an examination is necessary to determine the condition of any such credit union for insurance purposes. Each examiner shall have power to make a thorough examination of all of the affairs of the credit union and shall make a full and detailed report of the condition of the credit union to the Board. The Board in like manner shall appoint claim agents who shall have power to investigate and examine all claims for insured member accounts. Each claim agent shall have power to administer oaths and affirmations, to examine and to take and preserve testimony under oath as to any matter in respect to claims for insured accounts, and to issue subpenas and subpenas duces tecum and, for the enforcement thereof, to apply to the United States district court for the judicial district or the United States court in any territory in which the principal office of the credit union is located or in which the witness resides or carries on business. Such courts shall have jurisdiction and power to order and require compliance with any such subpena.
In connection with examinations of insured credit unions, or with other types of investigations to determine compliance with applicable law and regulations, the Board, or its designated representatives, shall have power to administer oaths and affirmations, to examine and to take and preserve testimony under oath as to any matter in respect of the affairs of any such credit union, and to issue subpenas and subpenas duces tecum and to exercise such other powers as are set forth in section 1786(p) of this title and, for the enforcement thereof, to apply to the United States district court for the judicial district or the United States Court in any territory in which the principal office of the credit union is located or in which the witness resides or carries on business. Such courts shall have jurisdiction and power to order and require compliance with any such subpena.
In cases of refusal to obey a subpena issued to, or contumacy by, any person*, the Board may invoke the aid of any court of the United States within the jurisdiction of which such hearing, examination, or investigation is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, records, or other papers. Such court may issue an order requiring such person to appear before the Board, or before a person designated by it, there to produce records, if so ordered, or to give testimony touching the matter in question. Any failure to obey such order of the court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial district whereof such person is an inhabitant or carries on business or wherever he may be found. No person shall be excused from attending and testifying or from producing books, records, or other papers in obedience to a subpena issued under the authority of this subchapter on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to penalty or forfeiture, but no individual shall be prosecuted or subject to any penalty or forfeiture for or on account* of any transaction, matter, or thing concerning which he is compelled to testify or produce evidence, documentary or otherwise, after having claimed his privilege against self-incrimination, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
The Administration may accept any report of examination made by or to any commission, board, or authority having supervision of a State-chartered credit union and may furnish to any such commission, board, or authority reports of examination made on behalf of the Board.
The Board shall, during each examination conducted under this section, determine whether the insured credit union is complying with the requirements of the national flood insurance program.
Not later than 1 year after September 23, 1994, and biennially thereafter for the next 4 years, the Board shall submit a report to the Congress on compliance by insured credit unions with the requirements of the national flood insurance program.
The report shall include a description of the methods used to determine compliance, the number of insured credit unions examined during the reporting year, a listing and total number of insured credit unions found not to be in compliance, actions taken to correct incidents of noncompliance, and an analysis of compliance, including a discussion of any trends, patterns, and problems, and recommendations regarding reasonable actions to improve the efficiency of the examinations processes.
The Board shall—
periodically assess the potential liquidity needs of each insured credit union, and the options that the credit union has available for meeting those needs; and
periodically assess the potential liquidity needs of insured credit unions as a group, and the options that insured credit unions have available for meeting those needs.
The Board shall, for the purpose of facilitating insured credit unions’ access to liquidity, make available to the Federal reserve banks (subject to appropriate assurances of confidentiality) information relevant to making advances to such credit unions, including the Board’s reports of examination.
Source credit: (June 26, 1934, ch. 750, title II, § 204, as added Pub. L. 91–468, § 1(3), Oct. 19, 1970, 84 Stat. 1001; amended Pub. L. 95–630, title V, § 502(b), Nov. 10, 1978, 92 Stat. 3681; Pub. L. 101–73, title IX, § 915(a), Aug. 9, 1989, 103 Stat. 486; Pub. L. 103–325, title V, § 529(b), Sept. 23, 1994, 108 Stat. 2266; Pub. L. 105–219, title III, § 303, Aug. 7, 1998, 112 Stat. 934; Pub. L. 109–351, title VII, § 726(13), Oct. 13, 2006, 120 Stat. 2002.)
- 1934Enacted · Pub. L. 91-468 · 84 Stat. 1001
- 1978Amended · Pub. L. 95-630 · 92 Stat. 3681
- 1989Amended · Pub. L. 101-73 · 103 Stat. 486
- 1994Amended · Pub. L. 103-325 · 108 Stat. 2266
- 1998Amended · Pub. L. 105-219 · 112 Stat. 934
- 2006Amended · Pub. L. 109-351 · 120 Stat. 2002
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-468 on 1934-06-26.
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