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Annual audit - 17 Pa. Cons. Stat. § 714Legal Research Home > Pennsylvania Statutes
§ 714. Annual audit.
(a) Supervisory committee.--If the bylaws of the credit
union provide for a supervisory committee, the duties of the
supervisory committee shall be as follows:
(1) To make at least an annual audit of the affairs of
the credit union. The committee shall submit a report to the
board of directors and to the members at the next annual
meeting of the credit union.
(2) By unanimous vote, if it deems such action to be
necessary to the proper conduct of the affairs of the credit
union, to suspend any officer, director or member of any
committee other than the supervisory committee. In such
event, the committee shall call the members of the credit
union together, within ten days of the suspension, to act on
such suspension. The members at the meeting called for this
purpose may sustain such suspension or remove such person
from office or may reinstate such person.
(3) By majority vote, the supervisory committee may call
a special meeting of the members to consider any matter
submitted to it by the committee. The committee shall fill
vacancies in its own membership unless otherwise provided in
the bylaws.
(b) Default by supervisory committee.--Whenever the
supervisory committee fails to make the audits or reports as
provided in subsection (a)(1), the board of directors shall
remove from office the members of the supervisory committee and
appoint a new committee to make such audits, or the board may
employ the services of a public accountant to make such audits.
The charges for the services of such public accountants shall be
paid by the credit union. If the board of directors under such
circumstances fails or refuses to act, the department may, in
addition to its other powers, remove the members of the
supervisory committee and issue an order on the board of
directors requiring such audits to be made by a public
accountant at the expense of the credit union.
(c) Audit by public accountant.--If the bylaws do not
provide for a supervisory committee, the board shall employ the
services of a public accountant to make audits under subsections
(a) and (b). The charges for the services of the public
accountant shall be paid by the credit union.
(d) Requirement for an outside audit.--
(1) A credit union shall obtain an outside, independent
audit by a certified public accountant or other approved
service for any fiscal year during which any one of the
following conditions exist:
(i) the supervisory committee of the credit union
has not conducted an annual supervisory committee audit;
(ii) the annual supervisory committee audit
conducted did not meet the audit requirements required by
the department; or
(iii) the credit union has experienced serious and
persistent recordkeeping deficiencies as defined in
subsection (e).
(2) In the case of an audit required pursuant to
paragraph (1)(i) or (ii), the scope of the outside,
independent audit shall fully encompass the requirements set
forth in the department's audit guidelines. In the case of an
audit required pursuant to paragraph (1)(iii), the outside,
independent audit must be conducted by a certified public
accountant and must be an opinion audit as that term is
understood under generally accepted auditing standards.
(e) Definition.--As used in subsection (d)(1), "persistent
recordkeeping deficiencies" means serious recordkeeping problems
which continue to exist past a usual, expected or normal period
of time. Persistent recordkeeping deficiencies shall be
considered serious if the department has a reasonable doubt:
(1) That the financial condition of the credit union is
accurately and fairly presented in the credit union's
statement.
(2) That management practices and procedures of the
credit union are sufficient to safeguard members' assets.
(Dec. 9, 2002, P.L.1572, No.207, eff. 60 days)
2002 Amendment. Act 207 amended the section heading and
subsecs. (a)(1), (b) and (c) and added subsecs. (d) and (e).
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Last modified: November 27, 2007 |