Sec. 17.2. (a) A credit union may extend credit to:
(1) an officer, an officer's immediate family member, or an officer's related interests;
(2) a director, a director's immediate family member, or a director's related interests; or
(3) a supervisory committee member, a supervisory committee member's immediate family member, or a supervisory committee member's related interests;
in accordance with the definitions, restrictions, and provisions of Regulation O of the Board of Governors of the Federal Reserve System (12 CFR 215). Restrictions on extensions of credit to supervisory committee members, and to the immediate family members or related interests of supervisory committee members, shall be treated consistently with restrictions on extensions of credit to directors as imposed by Regulation O. For purposes of applying Regulation O to an extension of credit made by a credit union under this section, the term "unimpaired capital and unimpaired surplus", as used in Regulation O, is considered to mean "capital and surplus" (as defined in section 0.5(18) of this chapter).
(b) If an extension of credit made to or cosigned, endorsed, or guaranteed by a director or a member of the supervisory, credit, or other committee is more than three (3) months delinquent, the individual:
(1) is automatically removed from the individual's position as director or committee member; and
(2) is ineligible to serve as a director or committee member for two (2) years.
The director of the department may waive the application of this subsection if the director determines that a waiver is in the best interests of the credit union.
As added by P.L.90-2008, SEC.43. Amended by P.L.40-2016, SEC.1; P.L.129-2020, SEC.15.
Structure Indiana Code
Title 28. Financial Institutions
Article 7. Specialized Financial Institutions
28-7-1-0.1. Application of Certain Amendments to Chapter
28-7-1-1. Persons Authorized to Organize; Application; Articles of Incorporation
28-7-1-3. Bylaws; Requirement to Commence Business; Form
28-7-1-7. Amendment of Articles
28-7-1-8. Unauthorized Use of Name "Credit Union"; Violations
28-7-1-9. Powers; Investments; Maintenance of Files; Authority to Purchase and Hold Life Insurance
28-7-1-9.1. Sale of Life Insurance Policy or Annuity Contract; Prohibitions
28-7-1-9.2. Request to Exercise Rights and Privileges Granted to Federal Credit Unions; Appeal
28-7-1-10. Membership; Identification; Qualified Groups; Membership Cards
28-7-1-10.1. Illegal Members; Purging of Accounts; Loans Not Affected
28-7-1-10.6. Issuing Shares in a Revocable or Irrevocable Trust; Conditions
28-7-1-14. Fiscal Year; Membership Meetings; Voting Rights
28-7-1-16.5. Conflicts of Interest; Disqualification; Directors; Committee Members
28-7-1-18. Duties and Powers of Supervisory Committee; Audits; Meeting Minutes
28-7-1-20.1. Issuance of Shares; Joint Tenancy; Deposits, Investments, and Withdrawals by Minors
28-7-1-22. Authority to Borrow; Limits; Authority to Receive Public Deposits and Pledge Securities
28-7-1-23. Loans to Members; Purposes; Repayment Plans; Direct Deposit
28-7-1-26.5. Refusal to Make Payment From Account
28-7-1-28. Change of Place of Business
28-7-1-31.3. Credit Union Officials; Discharge of Duties; Indemnification
28-7-1-31.5. Insurance; Examinations
28-7-1-35. Effect of Amendments by Acts 1974, p.l.130
28-7-1-37. Withdrawal of Deposits
28-7-1-38. Requirement to Provide Property Tax Information in Certain Transactions