Title of Regulation: 10VAC5-40. Credit Unions (adding 10VAC5-40-70).

Statutory Authority: §§ 6.2-1303 and 12.1-13 of the Code of Virginia.

Effective Date: February 15, 2012.

Agency Contact: Werner Paul, Deputy Commissioner, Bureau of Financial Institutions, State Corporation Commission, P.O. Box 640, Richmond, VA 23218, telephone (804) 371-9698, FAX (804) 371-9416, or email werner.paul@scc.virginia.gov.

Summary:

The State Corporation Commission adopted a regulation to enable state-chartered credit unions that predominantly serve low-income members as defined in 12 CFR 701.34 to obtain a low-income designation. A low-income designated credit union has the following additional powers to the same extent, and subject to the same terms and conditions, as is authorized for federal credit unions that have obtained a low-income designation to: (i) accept nonmember deposits in accordance with 12 CFR 701.32 and 12 CFR 741.204; (ii) accept secondary capital in accordance with 12 CFR 701.34 and 12 CFR 741.204; (iii) participate in the Community Development Revolving Loan Program in accordance with 12 CFR Part 705; (iv) be eligible for an exception to the aggregate loan limit on member business loans in accordance with 12 CFR 723.17 and 12 CFR 723.18; and (v) obtain funds from the Community Development Financial Institutions Fund operated by the United States Department of the Treasury.

AT RICHMOND, FEBRUARY 3, 2012

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. BFI-2011-00235

Ex Parte: In re: low-income
designated credit unions

ORDER ADOPTING A REGULATION

On November 28, 2011, the State Corporation Commission ("Commission") entered an Order to Take Notice of a proposal by the Bureau of Financial Institutions ("Bureau") to adopt a parity regulation that would give state-chartered credit unions the power to obtain a low-income designation so that they can take advantage of various benefits and resources that are currently available to federal credit unions that have obtained a low-income designation. The Order and proposed regulation were published in the Virginia Register of Regulations on December 19, 2011, posted on the Commission's website, and mailed to all state-chartered credit unions and other interested parties. State-chartered credit unions and other interested parties were afforded the opportunity to file written comments or request a hearing on or before January 6, 2012.

Comments on the proposed regulation were filed by the Virginia Credit Union League, Virginia Credit Union, Inc., Newport News Shipbuilding Employees' Credit Union, Inc. d/b/a BayPort Credit Union, Beacon Credit Union, Incorporated, Virginia Transfer and Storage Company, Virginians Against Payday Loans, and the Virginia Interfaith Center for Public Policy. All of the comment letters supported the proposed regulation. The Commission did not receive any requests for a hearing.

NOW THE COMMISSION, having considered the proposed regulation, the comments filed, the record herein, and applicable law, concludes that the proposed regulation should be adopted.

Accordingly, IT IS ORDERED THAT:

(1) The proposed regulation, as attached hereto, is adopted effective February 15, 2012.

(2) This Order and the attached regulation shall be posted on the Commission's website at http://www.scc.virginia.gov/case.

(3) The Commission's Division of Information Resources shall send a copy of this Order, including a copy of the attached regulation, to the Virginia Registrar of Regulations for publication in the Virginia Register of Regulations.

(4) This case is dismissed from the Commission's docket of active cases.

AN ATTESTED COPY hereof, together with a copy of the attached regulation, shall be sent by the Clerk of the Commission to the Commission's Office of General Counsel and the Commissioner of Financial Institutions, who shall send a copy of this Order and the attached regulation to all state-chartered credit unions and other interested parties designated by the Bureau.

10VAC5-40-70. Low-income designated credit unions.

A. Upon the filing and investigation of a written application, the Commissioner of Financial Institutions (commissioner) shall designate a state-chartered credit union as a low-income credit union if (i) the commissioner finds that a majority of the credit union's members qualify as low-income members as defined in 12 CFR 701.34 and (ii) the National Credit Union Administration concurs with the designation. If the application filed by a credit union is denied, the commissioner shall notify the credit union of the denial and the reasons for the denial.

B. A low-income designated credit union shall have the following additional powers to the same extent, and subject to the same terms and conditions, as is authorized for federal credit unions that have obtained a low-income designation pursuant to 12 CFR 701.34:

1. To accept nonmember deposits in accordance with 12 CFR 701.32 and 12 CFR 741.204.

2. To accept secondary capital in accordance with 12 CFR 701.34 and 12 CFR 741.204.

3. To participate in the Community Development Revolving Loan Program in accordance with 12 CFR Part 705.

4. To be eligible for an exception to the aggregate loan limit on member business loans in accordance with 12 CFR 723.17 and 12 CFR 723.18.

5. To obtain funds from the Community Development Financial Institutions Fund operated by the United States Department of the Treasury.

Whenever any of the federal regulations referenced in this subsection require a credit union to submit a written request, plan, application, or other documents to the National Credit Union Administration, the credit union shall send a copy of such written request, plan, application, or other documents to the commissioner.

C. The commissioner may at any time, based upon supervisory, legal, or safety and soundness considerations, impose additional terms or conditions upon a low-income designated credit union in conjunction with its exercise of any of the powers enumerated in subsection B of this section.

D. A low-income designated credit union shall submit written reports to the commissioner containing any information that the commissioner may require concerning the credit union's services to low-income members.

E. 1. If the commissioner determines that a low-income designated credit union no longer meets the criteria for the low-income designation, the commissioner shall notify the credit union in writing. The credit union shall, within five years, meet the criteria for the designation or comply with the regulatory requirements applicable to state-chartered credit unions that do not have a low-income designation. The designation shall remain in effect during the five-year period.

2. If a credit union is unable to qualify again for the designation but has secondary capital or nonmember deposits with a maturity beyond the five-year period, the commissioner may extend the time for the credit union to comply with regulatory requirements to allow the credit union to satisfy the terms of any account agreements.

3. Within 60 days of the date of the notice from the commissioner, a credit union may appeal the commissioner's determination that the credit union no longer meets the criteria for a low-income designation to the State Corporation Commission by filing a petition in accordance with its Rules of Practice and Procedure (5VAC5-20).

4. A low-income designation shall be removed by the commissioner with the concurrence of the National Credit Union Administration.