General Laws of Massachusetts - Chapter 171 Credit Unions - Section 74 Sale, transfer and assignment of loans, investments and other assets

Section 74. A credit union by a vote of its directors may sell, transfer and assign any and all of its loans, investments or other assets; provided, however, that (a) where loans are sold with recourse, a loan reserve shall be established consistent with the applicable provisions of section sixty-nine and appropriate explanations shall be recorded on the statement of conditions as the commissioner may prescribe; (b) in any case where the consideration to be received is other than cash, the written approval of the commissioner shall first be obtained; (c) where the aggregate amount of sales of loans exceeds twenty percent of the total loans outstanding, the prior written approval of the commissioner for any amount in excess thereof shall be obtained; and (d), no loans, investments or other assets shall be sold, transferred or assigned to another credit union chartered in the commonwealth without the prior written approval of the commissioner.

A credit union may continue to service any loans that it sells and may collect a service charge for such service provided that a formal agreement is effected between both parties.

Any such assignment given as security for borrowing shall constitute a debt which shall be satisfied in the event of the liquidation of the affairs of a credit union before any distribution of its assets to shareholders or holders of other accounts.

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Last modified: September 11, 2015