(2) A credit union may make a loan to a director, a member of the credit union’s management team, the chief credit officer or a member of the credit union’s supervisory and credit committees if the credit union makes the loan under the following conditions:
(a) The loan complies with the provisions of this chapter that apply to loans to other borrowers and is not on terms more favorable than terms extended to other borrowers.
(b)(A) Except as provided in subparagraph (B) of this paragraph, if the combined aggregate amount of loans to an individual described in this subsection exceeds five percent of the credit union’s equity or $100,000, whichever is less, the board of directors must approve making the loans in excess of the specified aggregate amount.
(B) The aggregate amount of loans specified in subparagraph (A) of this paragraph does not include a loan that is:
(i) For an amount that is equal to or less than the conforming loan limit that the Federal Housing Finance Agency specifies, or $400,000, whichever is greater; and
(ii) Secured by a first lien on the borrower’s principal residence.
(c) The combined aggregate amount of loans to all individuals described in this subsection may not exceed 10 percent of the credit union’s assets.
(d) If a loan to a director, a member of the credit union’s management team, the chief credit officer or a member of the credit union’s supervisory or credit committee is not subject to approval by the board of directors under paragraph (b) of this subsection, after the loan is approved, the loan must be reported to the board of directors at the next meeting of the board of directors.
(3)(a) Except as provided in paragraph (b) of this subsection, a director, officer or committee member may not become a surety or guarantor for a loan or advance made by the credit union unless the board of directors approves.
(b) A director, officer or committee member may become a surety or guarantor for the spouse or children of the director, officer or committee member without the approval of the board of directors.
(4) The Director of the Department of Consumer and Business Services may waive the requirements of this section by rule or order at a credit union’s request. The Director of the Department of Consumer and Business Services may establish by rule a higher amount than the amount set in subsection (2)(b) of this section and may specify by rule the type of loans to directors, officers or committee members that the board of directors of the credit union must approve.
(5) A director, a member of the credit union’s management team, the chief credit officer or a member of the credit union’s supervisory or credit committee may not participate in approving or disbursing a loan in which the director, member of the credit union’s management team, chief credit officer or member of the credit union’s supervisory or credit committee has a direct or indirect financial interest. [1975 c.652 §58; 1985 c.206 §2; 1985 c.762 §98; 1987 c.286 §9; 1997 c.832 §7; 1999 c.185 §44; 2009 c.234 §8; 2011 c.327 §3]
Structure 2021 Oregon Revised Statutes
Volume : 18 - Financial Institutions, Insurance
Section 723.001 - Definitions.
Section 723.012 - Organization procedure; articles of incorporation; bylaws; fee; rules.
Section 723.014 - Denial of certificate of approval.
Section 723.022 - Amendment of articles and bylaws; fee; rules.
Section 723.032 - Places of business; mobile facilities.
Section 723.042 - Interstate credit unions.
Section 723.106 - Reports; late filing penalty; rules.
Section 723.112 - Examinations.
Section 723.114 - Annual fees paid by credit unions; rules.
Section 723.118 - Disclosure of records of department; exemptions.
Section 723.122 - Bond or letter of credit; rules.
Section 723.152 - General powers; rules.
Section 723.156 - Exercise of powers of federal credit union.
Section 723.172 - Credit union membership; rules.
Section 723.196 - Meeting of members; mail or electronic ballots.
Section 723.202 - Withdrawal and expulsion of members; request for reinstatement.
Section 723.252 - Election of directors and appointment of credit committee and credit manager.
Section 723.276 - Executive officers.
Section 723.296 - Duties of directors; delegation of duties.
Section 723.312 - Loan officers.
Section 723.322 - Duties of supervisory committee; verification of member accounts; rules.
Section 723.326 - Suspension and removal of officials; restrictions on service as director.
Section 723.412 - Deposit and deposit certificate accounts; interest; priority.
Section 723.434 - Share draft accounts.
Section 723.460 - Reduction in shares.
Section 723.466 - Disposition of deposit on death of depositor.
Section 723.474 - Definitions for ORS 723.474 to 723.498.
Section 723.478 - Ownership of multiple-party accounts.
Section 723.488 - Joint account; payment to any party to account; payment to others.
Section 723.512 - Loan limit; exception.
Section 723.526 - Other loan programs.
Section 723.532 - Loans to credit union officials; waiver; rules.
Section 723.572 - Insurance for members.
Section 723.582 - Share and deposit insurance.
Section 723.602 - Investment of funds; rules.
Section 723.631 - Regular reserve; reserve for loan losses; rules.
Section 723.636 - Charges to regular reserve.
Section 723.646 - Special reserves; purpose.
Section 723.672 - Suspension; revocation of charter.
Section 723.676 - Liquidation.
Section 723.682 - Merger; opposition to merger.
Section 723.686 - Conversion of charter.
Section 723.716 - Additional rights and powers.
Section 723.730 - Corporate central credit union; membership; rights and powers; rules.
Section 723.816 - Prohibited acts.
Section 723.822 - Cease and desist orders; contents; effective date; removal or suspension.
Section 723.830 - Regulation of services performed for credit union.
Section 723.836 - Effect of amendment or repeal of Oregon Credit Union Act.