Sec. 24. (a) All entrance charges shall, after payment of the organization expenses, be known as reserve income, and shall be added to the regular reserve of the credit union. At the close of the dividend period, there shall be set apart to the regular reserve ten percent (10%) of gross income until the regular reserve shall equal seven and one-half percent (7 1/2%) of the total of outstanding loans, then five percent (5%) of gross income until the regular reserve shall equal ten percent (10%) of the total of outstanding loans. Whenever the regular reserve falls below ten percent (10%) or seven and one-half percent (7 1/2%) of the total of outstanding loans, it shall be replenished by regular contributions to maintain the reserve goals of seven and one-half percent (7 1/2%) or ten percent (10%). The regular reserve shall be held to meet contingencies and shall not be distributed to the members except upon dissolution of the credit union.
(b) A credit union may have an undivided profits account. The undivided profits account may be transferred to the regular reserve.
(c) The department may, by rule, revise the formula prescribed by this section. A revised formula must be prudent and must reasonably be expected to protect the credit unions.
(d) Financial statements of credit unions must provide for full and fair disclosure of all assets, liabilities, and members' equity, including such allowance for loan loss accounts necessary to present fairly the financial position, and all income and expenses necessary to present fairly the results of operation for the period concerned.
(e) The maintenance of an allowance for loan losses and investment or other losses does not exempt a credit union from the requirement set forth in subsection (a). The totals of the regular reserve, the allowance for loan losses account, and the allowance for investment losses shall be combined for determining the percentage of gross income to be transferred to the regular reserve.
(f) Loan losses of a credit union must be charged against the allowance for loan loss. Adjustments to the allowance for loan losses shall be made before the distribution of any dividend so that the allowance for loan loss represents the value of loans and anticipated losses resulting from:
(1) uncollectible loans, notes, and contracts receivable, including any uncollectible accrued interest receivable thereon;
(2) assets acquired in liquidation of loans; and
(3) loans purchased from other credit unions.
(g) Adjustments to the allowance for loan losses must be recorded in the expense account "provision for loan losses".
Formerly: Acts 1961, c.182, s.24; Acts 1969, c.133, s.7; Acts 1974, P.L.130, SEC.7. As amended by Acts 1977, P.L.294, SEC.12; P.L.164-1988, SEC.13; P.L.8-1991, SEC.31; P.L.1-1992, SEC.156; P.L.14-1992, SEC.127; P.L.228-1993, SEC.7; P.L.263-1995, SEC.21; P.L.192-1997, SEC.20; P.L.35-2010, SEC.163; P.L.186-2015, SEC.38; P.L.69-2018, SEC.56.
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