Effective: September 1, 2008
Latest Legislation: House Bill 545 - 127th General Assembly
(A) A credit union may make loans or other extensions of credit to members for provident and productive purposes as authorized by law, including rules adopted by the superintendent of credit unions; the articles; and the regulations; and subject to policies adopted by the credit committee and approved by the board of directors.
(B) Upon the approval of the board of directors, a credit union may make loans or other extensions of credit to other credit unions, provided that loans or other extensions of credit made to other credit unions need not have the approval of the board of directors on a per case basis. The total of all such loans or other extensions of credit, including the aggregate of all money paid into any trust established by one or more credit unions for the purpose of making loans or other extensions of credit to other credit unions, shall not exceed twenty-five per cent of the shares and undivided earnings of the lending credit union, except that this percentage limitation does not apply to corporate credit unions.
(C) The interest on any loan or other extension of credit made by a credit union shall not exceed one and one-half per cent per month on unpaid balances. Such interest may accrue and be chargeable upon a monthly basis, and may be computed upon the unpaid balance of the loan or other extension of credit as of the end of the previous calendar month.
Such interest may be accrued and charged by any technique approved by the superintendent so long as the effective interest rate on any loan or other extension of credit does not exceed the amount permitted to be charged by the computation authorized in this division.
(D) A credit union may accept security in such form and under rules as shall be set forth in the articles, the regulations, or established by the credit committee and approved by the board of directors.
(E)(1) The credit union shall have a lien on the membership share, shares, deposits, and accumulated dividends and interest of a member in an individual, joint, trust, or payable on death account for any obligation owed to the credit union by that member or for any loan co-signed or guaranteed by the member or account holder; provided, however, that a credit union shall not have a lien upon the funds in an individual retirement account or an account established pursuant to the Internal Revenue Code of the United States.
(2) A credit union may refuse to allow withdrawals from any share or deposit account by a member while the member has any outstanding obligation to the credit union.
(F)(1) Subject to division (F)(2) of this section and any restrictions or requirements established by the superintendent, in connection with any loan or extension of credit, a credit union may enter into a debt suspension agreement or debt cancellation contract with the borrower or borrowers.
(2) A credit union shall not offer or finance, directly or indirectly, a debt suspension agreement or debt cancellation contract requiring a lump sum, single payment for the agreement or contract payable at the outset of the agreement or contract, if the debt subject to the agreement or contract is secured by one to four family, residential real property.
(3) For purposes of division (F) of this section, "debt cancellation contract" and "debt suspension agreement" have the same meanings as in 12 C.F.R. part 37.
Structure Ohio Revised Code
Title 17 | Corporations-Partnerships
Section 1733.01 | Credit Union Definitions.
Section 1733.02 | Purpose of Chapter.
Section 1733.03 | Purpose of Credit Union.
Section 1733.04 | Authority of Credit Union.
Section 1733.041 | Insurance Protection for Members' Accounts.
Section 1733.042 | Posting Notice of Insurance.
Section 1733.051 | Grounds for Termination of Services.
Section 1733.06 | Statutory Agent.
Section 1733.07 | Forming a Credit Union.
Section 1733.08 | Accepting Articles by Secretary of State.
Section 1733.09 | Meeting of Incorporators.
Section 1733.10 | Initial Meeting of Board of Directors.
Section 1733.11 | Action Taken Without Meeting.
Section 1733.12 | Annual Meeting.
Section 1733.14 | Quorum at Member Meeting.
Section 1733.15 | Board of Directors.
Section 1733.152 | Appointment of Associate Directors.
Section 1733.16 | Board Meetings.
Section 1733.17 | Quorum of Board.
Section 1733.18 | Vacancies on Board - Removal of Director.
Section 1733.181 | Removal From Office.
Section 1733.19 | Establishment of Committees - Advisory Board.
Section 1733.191 | Notice of Outside Auditor.
Section 1733.20 | Officers - Duties.
Section 1733.21 | Binding Effect of Acts of Minor Officer.
Section 1733.22 | Compensation and Benefits.
Section 1733.23 | Fidelity Bond.
Section 1733.24 | Deposits; Shares and Accounts; Withdrawals.
Section 1733.241 | Payment on Joint Account - Contract for Payment on Death.
Section 1733.242 | Acceptance of Property for Safekeeping - Transactions With Minors.
Section 1733.243 | Claims to Property in Safekeeping - Bond of Claimant.
Section 1733.25 | Loans - Interest.
Section 1733.251 | Alternative Interest Rate.
Section 1733.252 | Compliance With Secure and Fair Enforcement for Mortgage Licensing Act.
Section 1733.253 | Permissible Charges Under a Revolving Credit Agreement.
Section 1733.27 | Fiscal Year.
Section 1733.28 | Financial Statement.
Section 1733.29 | Permanent Records.
Section 1733.291 | Preservation of Records - Retention Period - Disposal.
Section 1733.292 | Process for Retention of Documents - Approval - Use as Evidence.
Section 1733.30 | Investments.
Section 1733.31 | Reserve Accounts - Liquidity Fund.
Section 1733.32 | Powers of Superintendent of Financial Institutions.
Section 1733.321 | Credit Unions Fund.
Section 1733.322 | Requesting Outside Auditor to Review Results of Examination.
Section 1733.323 | Issuing Administrative Guidelines.
Section 1733.324 | Issuing Cease-and-Desist Order.
Section 1733.325 | Setting Supervisory Conference.
Section 1733.326 | Forfeiture and Civil Penalty for Noncompliance With Order or Agreement.
Section 1733.327 | Confidentiality.
Section 1733.328 | Frequency of Credit Union Examinations.
Section 1733.329 | Credit Union Council.
Section 1733.3210 | Duties of Council.
Section 1733.33 | Amendments to Articles or Regulations.
Section 1733.34 | Merger of Credit Unions.
Section 1733.341 | Conversions.
Section 1733.35 | Dissolution.
Section 1733.361 | Appointment and Removal of Conservator - Duties of Conservator.
Section 1733.37 | Liquidation.
Section 1733.38 | Qualification of Foreign Credit Union.
Section 1733.39 | Requirements for Doing Business.
Section 1733.40 | Annual Report.
Section 1733.41 | Additional Rules and Regulations.
Section 1733.411 | Adoption of Administrative Rules.
Section 1733.412 | Powers of Federal Credit Unions Granted to State Chartered Credit Unions.
Section 1733.42 | Computing Time for Giving Notice.
Section 1733.43 | Exemption From Franchise Tax and Report.
Section 1733.44 | Prohibition Against Use of Words Credit Union.
Section 1733.441 | False Advertising.
Section 1733.45 | Applicability of General Corporation Laws.
Section 1733.47 | Criminal Records Check to Be Requested by Superintendent.