Revised Code of Washington
Chapter 31.12 - Washington State Credit Union Act.
31.12.545 - Examinations and investigations—Reports—Access to records—Oaths—Subpoenas.

RCW 31.12.545
Examinations and investigations—Reports—Access to records—Oaths—Subpoenas.

(1) The director shall make an examination and investigation into the affairs of each credit union at least once every eighteen months, unless the director determines with respect to a credit union, that a less frequent examination schedule will satisfactorily protect the financial stability of the credit union and will satisfactorily assure compliance with the provisions of this chapter.
(2) In regard to credit unions, and out-of-state and foreign credit unions permitted to operate a branch in Washington pursuant to RCW 31.12.471, the director:
(a) Shall have full access to the credit union's books and records and files, including but not limited to computer files;
(b) May appraise and revalue the credit union's investments; and
(c) May require the credit union to charge off or set up a special reserve for loans and investments.
(3) The director may make an examination and investigation into the affairs of:
(a) An out-of-state or foreign credit union permitted to operate a branch in Washington pursuant to RCW 31.12.471;
(b) A nonpublicly held organization, or its subsidiary, in which a credit union has a material investment;
(c) A publicly held organization the capital stock or equity of which is controlled by a credit union;
(d) A credit union service organization, or any tier subsidiary of a credit union service organization, in which a credit union has an interest;
(e) An organization that is not a credit union, out-of-state credit union, federal credit union, or foreign credit union, and that has a majority interest in a credit union service organization in which a credit union has an interest;
(f) A sole proprietorship or organization primarily in the business of managing one or more credit unions;
(g) A person providing electronic data processing services to a credit union or to a credit union service organization; or
(h) A corporation or other business entity that provides alternative share insurance in accordance with RCW 31.12.408.
The director shall have full access to the books, records, personnel, and files, including but not limited to computer files, of persons described in this subsection.
(4) In connection with examinations and investigations, the director may:
(a) Administer oaths and examine under oath any person concerning the affairs of any credit union or of any person described in subsection (3) of this section; and
(b) Issue subpoenas to and require the attendance and testimony of any person at any place within this state, and require witnesses to produce any books and records and files, including but not limited to computer files, that are material to an examination or investigation.
(5) The director may accept in lieu of an examination under this section:
(a) The report of an examiner authorized to examine a credit union or an out-of-state, federal, or foreign credit union, or other financial institution; or
(b) The report of an accountant, satisfactory to the director, who has made and submitted a report of the condition of the affairs of a credit union or an out-of-state, federal, or foreign credit union, or other financial institution. The director may accept all or part of such a report in lieu of all or part of an examination. The accepted report or accepted part of the report has the same force and effect as an examination under this section.

[ 2015 c 114 § 16; 2010 c 87 § 5; 2001 c 83 § 27; 1997 c 397 § 46; 1994 c 92 § 207; 1984 c 31 § 56.]

Structure Revised Code of Washington

Revised Code of Washington

Title 31 - Miscellaneous Loan Agencies

Chapter 31.12 - Washington State Credit Union Act.

31.12.003 - Findings—Intent—1997 c 397.

31.12.005 - Definitions.

31.12.015 - Declaration of policy.

31.12.025 - Use of words in name.

31.12.035 - Application for permission to organize—Approval.

31.12.055 - Manner of organizing—Articles of incorporation—Submission to director.

31.12.065 - Bylaws—Submission to director.

31.12.075 - Approval, denial of proposed credit union—Appeal.

31.12.085 - Filing upon approval—Fee—Notice to director—Authority to commence business.

31.12.105 - Amendment to articles of incorporation—Approval of director—Procedure.

31.12.115 - Amendment to bylaws—Approval of director required—Procedure.

31.12.185 - Annual membership meetings.

31.12.195 - Special membership meetings.

31.12.225 - Board of directors—Election of directors—Terms—Vacancies—Meetings—Rules.

31.12.235 - Directors—Qualifications—Operating officers and employees may serve.

31.12.246 - Removal of directors and supervisory committee members—Interim directors and supervisory committee members.

31.12.251 - Removal of directors—No quorum.

31.12.255 - Board of directors—Powers and duties.

31.12.265 - Officers.

31.12.267 - Officials—Fiduciary duty—Information relied on—Definition.

31.12.269 - Directors and committee members—Limitations on personal liability—Exceptions.

31.12.285 - Suspension of members of board or supervisory committee by board—For cause.

31.12.326 - Supervisory committee—Membership—Terms—Vacancies—Operating officers and employees may not serve—Audit committee alternative.

31.12.335 - Supervisory committee—Duties.

31.12.345 - Suspension of members of a committee or members of the board by supervisory committee—For cause.

31.12.365 - Directors and supervisory committee members—Compensation—Reimbursement—Rules.

31.12.367 - Risk—Bond coverage—Notice to director—Timing.

31.12.372 - Director may suspend any person, reason—Notice—Injunctions.

31.12.382 - Limitation on membership.

31.12.384 - Membership.

31.12.386 - Voting rights—Methods—Proxy—Under eighteen years of age.

31.12.388 - Expulsion of member—Challenge—Share and deposit accounts.

31.12.402 - Powers.

31.12.404 - Additional powers—Authority of director.

31.12.408 - Insurance required after December 31, 1998—Federal share insurance program or an equivalent share insurance program—Director's findings.

31.12.413 - Low-income credit unions—Director's approval required—Powers—Rules.

31.12.416 - Shares and deposits governed by chapter 30.22 RCW—Limitation on shares and deposits—Notice of withdrawal—Lien rights.

31.12.418 - Dividends.

31.12.426 - Loans—Secured or unsecured loans.

31.12.428 - Limit on loan amount.

31.12.436 - Investment of funds—When investment later becomes impermissible.

31.12.438 - Investment in real property or leasehold interests—Limitations—Rules.

31.12.461 - Mergers.

31.12.464 - Merger or conversion of state into federal, out-of-state, or foreign credit union, or other type of financial institution.

31.12.467 - Merger or conversion of federal, out-of-state, or foreign to state credit union.

31.12.471 - Authority of out-of-state or foreign credit union to operate in this state—Conditions—Rules.

31.12.474 - Liquidation—Disposition of unclaimed funds.

31.12.516 - Powers of director.

31.12.518 - Powers of director under chapter 19.144 RCW.

31.12.545 - Examinations and investigations—Reports—Access to records—Oaths—Subpoenas.

31.12.565 - Examination reports and specified other information confidential—Exceptions—Penalty.

31.12.567 - Reports—Financial and statistical data—As required by director.

31.12.569 - Generally accepted accounting principles.

31.12.571 - Notice of intent to establish branch—Another state or foreign jurisdiction.

31.12.575 - Removal or prohibition orders—Director's authority—Notice.

31.12.580 - Contents of notice under RCW 31.12.575—Hearing—Order.

31.12.585 - Prohibited acts—Notice—Cease and desist order.

31.12.595 - Temporary cease and desist order—Notice—Principal place of business—Superior court.

31.12.625 - Administrative hearing—Procedures.

31.12.630 - Authority of director to call special meeting of board.

31.12.633 - Authority of director to attend meetings of the board.

31.12.637 - Intervention by director—Conditions.

31.12.641 - Supervision by director—Notice—Compliance—Costs.

31.12.644 - Supervision by director—Certain acts prohibited.

31.12.647 - Supervision by director—Credit union request for review.

31.12.651 - Conservator—Authorized actions—Costs.

31.12.654 - Actions by conservator—Review.

31.12.657 - Lawsuits during period of conservatorship.

31.12.661 - Conservator serves until purposes are accomplished.

31.12.664 - Liquidation—Suspension or revocation of articles—Placement in involuntary liquidation—Appointment of liquidating agent—Notice—Procedure—Effect.

31.12.667 - Order directing involuntary liquidation—Procedure.

31.12.671 - Receivership—Appointment of receiver by director—Notice—Act without bond.

31.12.674 - Director's orders—Notice to director of hearing—Hearing—Principal place of business—Superior court.

31.12.677 - Powers and duties of receiver.

31.12.681 - Claims against credit union in receivership—Notice.

31.12.684 - Receiver shall inventory assets—File lists of assets and claims—Objections to approved claims.

31.12.687 - Expenses incurred by receiver.

31.12.691 - Liquidation dividends—Approval of court.

31.12.694 - Remaining assets—Distribution.

31.12.697 - Unclaimed liquidation dividends.

31.12.701 - Personal property—Receiver's duties.

31.12.704 - Proceeds of sale—Deposit or payment by receiver.

31.12.707 - Completion of receivership—Merger, purchase, or liquidation—Secretary of state.

31.12.711 - Director may terminate receivership—Expenses.

31.12.714 - Receivership files.

31.12.717 - Pendency of proceedings for review of appointment of receiver—Liabilities of credit union—Availability of relevant data.

31.12.721 - Appointment by court of temporary receiver—Notice to director.

31.12.724 - Actions that are void—Felonious conduct—Penalties.

31.12.726 - Conservator or receiver may terminate or adopt executory contracts—Timing—Binding terms—Liability.

31.12.728 - Applicability of general receivership law.

31.12.850 - Prohibited acts—Criminal penalties.

31.12.853 - Prohibited acts—Civil penalties—Rules.

31.12.860 - Taxation of credit unions.

31.12.890 - Satellite facilities.

31.12.891 - Automated teller machines and night depositories security.

31.12.902 - Short title.

31.12.906 - Effective date—1997 c 397.

31.12.909 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

31.12.910 - Effective date—2010 c 87.