(a) General requirementsFor the purpose of all subchapters of this chapter, subject to the limitations of subsection (d) of this section, an eligible cooperative is an organization chartered or operated on a cooperative, not-for-profit basis for producing or furnishing goods, services or facilities, primarily for the benefit of its members or voting stockholders who are ultimate consumers of such goods, services, or facilities, or a legally chartered entity primarily owned and controlled by any such organization or organizations, if it—(1) makes such goods, services or facilities directly or indirectly available to its members or voting stockholders on a not-for-profit basis;
(2) does not pay dividends on voting stock or membership capital in excess of such percentage per annum as may be approved under the bylaws of the Bank;
(3) provides that its net savings shall be allocated or distributed to all members or patrons, in proportion to their patronage, or shall be retained for the actual or potential expansion of its services or the reduction of its charges to the patrons, or for such other purposes as may be authorized by its membership not inconsistent with its purposes;
(4) makes membership available on a voluntary basis, without any social, political, racial, or religious discrimination and without any discrimination on the basis of age, sex, or marital status, to all persons who can make use of its services and are willing to accept the responsibilities of membership, subject only to limitations under applicable Federal or State laws or regulations;
(5) in the case of primary cooperative organizations restricts its voting control to members or voting stockholders on a one vote per person basis (except that this requirement shall not apply to any housing cooperative in existence on March 21, 1980, which did not meet such requirement on such date) and takes positive steps to insure economic democracy and maximum participation by members of the cooperative including the holding of annual meetings and, in the case of organizations owned by groups of cooperatives, provides positive protections to insure economic democracy; and
(6) is not a credit union, mutual savings bank, or mutual savings and loan association.
(b) Primary producersNo organization shall be ineligible because it produces, markets, or furnishes goods, services, or facilities on behalf of its members as primary producers, unless the dollar volume of loans made by the Bank to such organizations exceeds 10 per centum of the gross assets of the Bank.
(c) “Net savings” definedAs used in this section, the term “net savings” means, for any period, the borrower’s gross receipts, less the operating and other expenses deductible therefrom in accordance with generally accepted accounting principles, including, without limitation, contributions to allowable reserves, and after deducting the amounts of any dividends on its capital stock or other membership capital payable during, or within forty-five days after, the close of such period.
(d) Cooperatives eligible for other Federal credit assistanceAn eligible cooperative which also has been determined to be eligible for credit assistance from the Rural Electrification Administration, the National Rural Utilities Cooperative Finance Corporation, the Banks for Cooperatives or other institutions of the Farm Credit System, or the Farmers Home Administration may receive the assistance authorized by this chapter only (1) if the Bank determines that a request for assistance from any such source or sources has been rejected or denied solely because of the unavailability of funds from such source or sources, or (2) by agreement between the Bank and the agency or agencies involved.
(e) Credit unions eligible for technical assistance from Office of Self-Help Development and Technical AssistanceNotwithstanding any other provision of this section, a credit union serving predominantly low-income members (as defined by the Administrator of the National Credit Union Administration) may receive technical assistance under subchapter II.
Structure US Code
CHAPTER 31— NATIONAL CONSUMER COOPERATIVE BANK
SUBCHAPTER I— ESTABLISHMENT AND OPERATION
§ 3011. Creation and charter; principal office; venue; purposes
§ 3012. General corporate powers
§ 3015. Eligibility of cooperatives
§ 3016. Annual meetings; notice, agenda, etc.
§ 3017. Bonds, debentures, notes and other evidences of indebtedness
§ 3017a. Class A notes as paid-in capital of the Bank
§ 3019. Taxation by State, county, etc., taxing authority; Federal tax status
§ 3020. Quarters and space for principal and other offices
§ 3021. Annual report to Congress; contents
§ 3022. Authorization of additional appropriations; restrictions on use
§ 3023. Appeal procedures applicable upon denial or restriction of application for assistance
§ 3024. Conflict of interest rules; adoption and publication; requirements
§ 3026. Acceleration of the Final Government Equity Redemption Date