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Loan procedures - 17 Pa. Cons. Stat. § 713Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 713. Loan procedures.
(a) Credit committee.--If the bylaws provide for a credit
committee, the credit committee shall have the supervision of
all loans to members other than first mortgage loans, except to
the extent approval of such mortgage loans has been delegated to
the credit committee, and loans to other credit unions and
Federal credit unions.
(b) Conflict of interest.--No credit committee member, loan
officer or director of a credit union shall vote on the granting
of any loan in which such official has guaranteed the repayment
of the loan or where a member of the member's immediate family
has a beneficial interest.
(c) Applications.--Applications for loans shall be in
writing on a form prepared or approved for that purpose by the
credit committee or, in the absence of a credit committee, by
either the board of directors or a person delegated by the board
of directors; and all applications shall set forth the purpose
for which the loan is desired, the security, if any, offered,
and such other data as may be required. Within the meaning of
this section, a pledge of shares in the credit union or the
endorsement of a note may be deemed security.
(d) Approval by credit committee.--
(1) If the bylaws provide for a credit committee, at
least a majority of the members of the credit committee shall
pass on all loans, and no loan shall be approved unless it is
approved by a majority of the members of the credit committee
at a credit committee meeting.
(2) Notwithstanding paragraph (1), the credit committee
may appoint one or more loan officers and delegate to such
person or persons the power to approve loans, share
withdrawals of amounts previously pledged as security for a
loan, releases and substitutions of security, within limits
specified by the committee.
(3) The appointment and delegation shall be approved by
a majority of the credit committee present and voting at a
credit committee meeting and shall be recorded in a written
resolution signed by the credit committee members who
approved the delegation or appointment. The written
resolution shall be forwarded to the board of directors prior
to the next board meeting.
(4) The credit committee shall meet as often as may be
necessary after due notice to each member. The credit
committee shall keep minutes of each meeting. The minutes
shall include a list of loans approved and disapproved by the
credit committee.
(5) The credit committee shall require any loan officers
it appoints to report regularly to the credit committee on
any loan approvals or other actions taken by the loan officer
in the authority delegated to the loan officer by the credit
committee.
(e) Approval by loan officer.--If the bylaws do not provide
for a credit committee, the board of directors shall appoint a
loan officer and delegate the powers of the credit committee
under subsection (d) to the loan officer.
(f) Reports.--Each loan officer shall furnish to the credit
committee or, in the absence of a credit committee, to the board
of directors a record of each loan approved or not approved by
such person within seven days of the date of the filing of the
application therefor.
(g) Procedure in absence of loan officer.--All loans not
approved by a loan officer shall be acted upon by the credit
committee or, in the absence of a credit committee, by the board
of directors or a director designated by the board of directors.
(h) Restrictions.--No individual shall have authority to
disburse funds of the credit union for any loan which has been
approved by such individual in his or her capacity as loan
officer.
(Dec. 12, 1994, P.L.1067, No.146, eff. 60 days; Dec. 9, 2002,
P.L.1572, No.207, eff. 60 days)
2002 Amendment. Act 207 amended subsecs. (b) and (d).
1994 Amendment. Act 146 amended subsecs. (b) and (h).
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Last modified: November 27, 2007 |