BOARD ACTIONS MAY 2012 (FROM PAGE 8)
FINAL RULE
AUTHORITY
FCUs MEETING
WELL–CAPITALIZED STANDARD
FCUs NOT MEETING
WELL–CAPITALIZED STANDARD
Borrowing-Repurchase
Transaction*
May enter into Borrowing-Repurchase
Transactions where the underlying
investments mature later than the
borrowing, provided the total amount
of investments purchased do not exceed
100 percent of net worth.
May enter into Borrowing-Repurchase
Transactions where the underlying
investments mature no later than 30 days
after the borrowing, provided the total
amount of investments purchased do not
exceed 100 percent of net worth. May
request authority from regional director
for longer maturity mismatch.
Private Label
Commercial
Mortgage Related
Security (CMRS)*
Not restricted to purchasing only CMRS issued
by Fannie Mae or Freddie Mac. May purchase
Private Label CMRS if:
Similar flexibilities apply to all FCUs,
under the following conditions:
(i) the security is rated in one of the two highest
rating categories by at least one Nationally
Recognized Statistical Rating Organization;
Requirements (i)-(iii) would be the same
as for well-capitalized FCUs.
(ii) it is a “mortgage related security” under the
Securities Exchange Act of 1934 and §703.2;
(iii) the pool of loans underlying the CMRS
contains more than 50 loans with no one loan
representing more than 10 percent of the pool; and
The limit in requirement (iv) is 25 percent
of net worth. May request approval from
the regional director for higher limit, up
to 50 percent of net worth, if FCU has 3
consecutive years of effective CMRS
portfolio management and the ability to
evaluate key risk factors.
(iv) the FCU does not purchase an aggregate
amount in excess of 50 percent of net worth.
Purchase
of Eligible
Obligations*
In addition to the authority in the current §701.23,
may buy loans from other federally insured credit
unions without regard to whether the loans are
obligations of the purchasing FCU’s members.
May also purchase nonmember student loans
and real estate loans without the need for purchase
to facilitate a secondary market pool package. Also
may purchase loans from a liquidating credit union
regardless of whether the loans were made to
liquidating credit union’s members, subject to the
aggregate cap on eligible obligations of 5 percent
of unimpaired capital and surplus.
These flexibilities may be extended if
approved by regional director, otherwise
limited to the other provisions of §701.23
for purchasing eligible obligations (subject
to membership or pooling requirements).
Fidelity Bond
Coverage –
Maximum
Deductible for
FCUs with
Over $1 million
in Assets
$2,000 plus 1/1000 of total assets up to a
maximum of $1,000,000.
$2,000 plus 1/1000 of total assets up to a
maximum of $200,000.
*All authorized activity entered into before the effective date of the final rule is grandfathered.