Regulatory Comment Call on NCUA’s Proposed Rule on Fixed Assets, Member Business Loans, and Regulatory Flexibility Program April 1, 2010 Executive Summary •
•
• • • •
The National Credit Union Administration (NCUA) Board has adopted a proposed rule to make changes to its Regulatory Flexibility Program (RegFlex) pertaining to fixed assets, member business loans (MBL), stress testing of investments, and discretionary control of investments. Specifically, the proposal would require RegFlex credit unions to comply with the general limitation of a federal credit union’s investment in fixed assets to no more than 5% of its shares and retained earnings. In regard to MBL, the proposed rule would subject RegFlex participants to the collateral and security provisions requiring the personal liability and guarantee of the borrower’s principals. Additionally, RegFlex credit unions would be required to stress test securities in certain instances. When delegating discretionary control over investments, the proposal would place on RegFlex credit unions the same 100% net worth limitation that applies to all federal credit unions. Comments are due to NCUA by May 24, 2010; if you would like to share your thoughts with the LSCU so we can incorporate them in our comment letter, please give them to us by May 20, 2010.
Please e-mail your responses to Bill Berg, Vice President of Regulatory Affairs at william.berg@lscu.coop and/or Scott Morris, Director of Compliance at scott.morris@lscu.coop. You may also contact Bill or Scott at 800.342.1266 x1028 or 2165 respectively, if you have questions. Click here http://edocket.access.gpo.gov/2010/pdf/2010-6391.pdf to access the proposed rule in the Federal Register. Background Federal credit unions (FCUs) that participate in the RegFlex Program are exempt from certain regulatory restrictions and limitations. Eligibility in the Program is limited to FCUs that have demonstrated sustained superior performance as measured by CAMEL ratings and net worth classifications. An FCU may qualify for the RegFlex program automatically—based on performance indicators such