California Code of Regulations
Title 10 - Investment
Chapter 1 - Commissioner of Business Oversight, Division of Financial Institutions
Subchapter 30 - Credit Unions
Article 8 - Loans
Section 30.803 - Member Business Loans

Universal Citation: 10 CA Code of Regs 30.803

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

The provisions of this Section shall apply to every credit union organized and operating pursuant to the California Credit Union Law the accounts of which are insured by the National Credit Union Share Insurance Fund.

(a) Notwithstanding any other provisions of the California Credit Union Law or of these rules, a credit union must adhere to the requirements stated in Part 723 of the National Credit Union Administration ("NCUA") regulations concerning member business loans (12 C.F.R. 723), NCUA Regulation 701.21 (c)(8) concerning prohibited fees (12 C.F.R. 701.21(c)(8)), and NCUA Regulation 701.21(d)(5) concerning non-preferential loans (12 C.F.R. 701.21(d)(5)), which are each hereby incorporated by reference, other than the requirements that the credit union notify or request approval from the NCUA Board or NCUA Regional Director.

(b) Whenever the federal regulations referred to in Subdivision (a) require that a federal credit union request approval from or notify the NCUA Board or the NCUA Regional Director, a credit union subject to this rule shall request approval from or notify the Commissioner.

(c) Within forty-five (45) days of receipt of a complete request for approval required by Subdivision (b) of this rule, the Commissioner shall approve or disapprove the request. Within forty-five (45) days of receipt of an incomplete request, the Commissioner shall notify the credit union that the request is incomplete and shall specify the information needed to complete the request.

1. Change without regulatory effect renumbering and amending former section 976.1 to new section 30.803 filed 8-19-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 34).
2. Amendment of subsection (a) and amendment of Note filed 1-6-2022; operative 4-1-2022 (Register 2022, No. 1).

Note: Authority cited: Section 14201, Financial Code. Reference: Sections 14950, 14952, 14953, 14954, 14955, 14957, 14958 and 15100, Financial Code.

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