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News Now ArchiveFiled on May 29, 2003, published the first business day after.
Inside Washington
Dollar asks Congress to consider risk-based PCA GRAND RAPIDS, Mich. (5/30/03)--NCUA Chairman Dennis Dollar believes legislation is needed to "improve the one-size-fits-all" Prompt Corrective Action (PCA) law by making it based on risk. Speaking to more than 600 attendees at the 69th Annual Meeting of the Michigan CU League, the NCUA chairman said the current federal law inhibits proper credit union business planning because it "fails to properly reward solid risk management decisions and penalizes planned and balanced credit union growth." He said his recommendation to base the PCA law for credit unions on risk-based assets is worthy of "serious" consideration. "I believe strongly in a regulator taking prompt corrective action any time a financial institution has net worth problems," Chairman Dollar explained. "Any regulatory actions should certainly be taken before the problem becomes severe and may jeopardize the institutions." However, he pointed out, "any trigger for taking such action requires the evaluation of the risk in the institution. Every credit union with 7% net worth does not have the same risk profile, but yet PCA says that any credit union with at least 7% net worth is well capitalized. This one-size-fits-all approach is just not reasonable in what is inherently a risk-based process." Chairman Dollar has proposed that the PCA standards of 7% ("well capitalized") and 6% ("adequately capitalized") be based upon a denominator of risk assets, rather than total assets as specified in the current law. "I do not wish to see Congress lower the standards," Dollar maintained. "In fact, I would strongly oppose lowering the bar. It just seems to me that the PCA standards, to be most effective in encouraging better risk management by credit unions, should be based on a percentage of at-risk assets, not total assets. Why do we need credit unions reserving a full 7% against the cash in their vaults, overnight cash accounts, federally guaranteed loans like student loans and SBA loans?" Instead, Dollar asserted, "The net worth reserve should be based upon their assets which have the potential to cause a loss. Then, and only then in my opinion, would PCA work like it was intended by providing credit unions with an incentive for managing their risk more effectively." Dollar noted that Congressional action may not be immediate, as "Congress needs time to digest the pluses and minuses of the present PCA law." Nonetheless, he predicted that some inclusion of a risk-based component would eventually be necessary. Otherwise, "well planned and diligently managed credit union growth may suffer." Dollar suggested that a starting point for any NCUA regulation to implement a risk-based PCA law would be the pre-1998 statutory reserve formula for federally insured credit unions. This excluded five factors from the asset denominator:
"A risk-based formula is not foreign to NCUA or credit unions," Dollar reminded. "Prior to 1998, each credit union's statutory reserve requirement was based on risk assets, not total assets. Credit unions grew and managed risk extremely well during that period, including building capital significantly through retained earnings. I personally believe the integrity of PCA will be enhanced long term if we can take the best of the pre-1998 risk-based asset definition and couple it with the regulatory discipline of the PCA statute." Dollar first suggested risk-based PCA at CUNA's Governmental Affairs Conference (News Now, March 3). Since then, CUNA has met on the issue with Dollar and with Wayne Abernathy, the U.S. Treasury's assistant secretary for financial institutions. "In our discussion with the Treasury on risk-based capital, we noted that credit unions have been under PCA for four years--and it's probably in need of some tweaking," explained Bill Hampel, CUNA's senior vice president of research and policy. "It sounds like a good move in the right direction." Banks currently have a lower capital requirement than credit unions--even though bank assets are generally riskier, Hampel observed. "Since credit unions have their own unique risk structure, the risk-based capital requirement would have to take into account the unique nature of credit union operations." Hampel cautioned that if a new, more complex system were "laid on top of PCA, that would be a problem. But my reading is this would be an improvement. The current system puts unnecessary restraints on the growth of well managed credit unions." Gary Kohn, CUNA's vice president for legislative affairs and senior legislative counsel, said Treasury officials indicated "they are interested in discussing these issues in more detail, and taking a fresh look at these issues." More CUs considered in NCUA regs, starting June 30 WASHINGTON (5/30/03)--Starting June 30, NCUA will begin considering more credit unions in the regulations it writes affecting smaller credit unions. NCUA recently approved a final rule that changes the definition of small credit unions to be those with $10 million or less in assets, rather than $1 million or less. For each new NCUA proposed rule that will have a significant economic impact on a substantial number of small entities, NCUA must do an analysis that describes the impact of the proposal as well as a description of any significant alternatives to the rule that minimize the impact. CUNA advocated raising the threshold to significantly above $1 million. CUNA noted in an analysis that the revision would not affect the definition of small credit union in terms of eligibility requirements for NCUA's Small Credit Union Program (SCUP), a credit union with assets of $5 million or less. CUNA has analyzed NCUA's new regulation that redefines the definition of small credit unions (Resource Link below). States to lobby Congress on fair credit reporting WASHINGTON (5/30/03)--State governments and their public interest allies plan to lobby lawmakers in Congress heavily to let the federal preemption of state credit reporting laws expire, reports National Journal's CongressDaily (May 29). The Senate Banking Committee has already held one hearing on FCRA renewal issues, and the House Financial Institutions and Consumer Credit Subcommittee has scheduled its second hearing for Wed., June 4. The states and their allies reportedly are counting on the support of key lawmakers, especially in the Senate. They believe that a variety of local laws on credit reporting will not interrupt timely credit decisions or raise interest rates, but may even have the opposite effect. Bankers seek to ride new vehicle for tax breaks WASHINGTON (5/30/03)--Since the House-Senate tax conference committee stripped out an amendment that would have further expanded tax breaks for banks, bankers have been lobbying to attach their tax break provisions to other moving legislation. Bankers are looking for any vehicle that would help more banks pay fewer taxes. Over 1,800 banks have organized as S-corporations in recent years so they can pass tax obligations on to shareholders. At the rate Subchapter S banks are growing, CUNA's Economics and Statistics Department projects the dollar value of Subchapter S banks' tax benefits will exceed the dollar value of credit unions' federal income tax exemption by 2006. If the bankers' legislation becomes law in the current Congress, banks' Subchapter S tax breaks will exceed credit unions' benefits even sooner. At the same time, the American Bankers Association (ABA) and its state bankers associations continue to lobby for higher taxes on credit unions. "We will continue to point out their hypocrisy," says Gary Kohn, CUNA's vice president of legislative affairs and senior legislative counsel. "Banks are trying to evade taxes at the same time they try to eliminate credit unions' tax-exempt status." Although not-for-profit credit unions are exempt from federal income tax, credit unions do pay many other taxes--including payroll taxes, real estate taxes, sales taxes, and more. Meanwhile, some banks are evading state taxes by creating shell corporations in Nevada. A recent investigative report showed that, for example, 11 of the 15 largest banks in Wisconsin funneled their profits to their Nevada shell corporations. This enabled them to report a paper "loss" in Wisconsin and evade state income taxes. The banks argue that they need to avoid taxes to compete with credit unions. But unlike credit unions, banks are "not passing their tax savings on to consumers," observes Mike Schenk, vice president of CUNA Economics and Statistics. Banks charge higher fees and reap a much higher return on assets than credit unions. Schenk addressed these competitive issues and more in a June 22 research paper, Commercial Banks & Credit Unions: Facts, Fallacies & Recent Trends. (See the first Resource Link below.) State-chartered banks would get another tax break if the Financial Services Regulatory Relief Act of 2003 (H.R. 1375) becomes law. State-chartered banks would have the option to convert to Limited Liability Corporations (LLCs). LLCs combine protection from individual liability like a corporation with the pass-through tax treatment of a partnership. (See the second Resource Link below.) CUNA endorses H.R. 1375 because it includes 13 regulatory relief provisions for credit unions. (See the third Resource Link below.) Ironically, ABA says it cannot support the bill because of its regulatory relief for credit unions. Resource Links NCUA: DC home loan law preempted ALEXANDRIA, Va. (5/30/03)--NCUA clarified in a Legal Opinion Letter that the District of Columbia's Home Loan Protection Act of 2002 (HLPA) does not apply to federal credit unions. HLPA is an anti-predatory lending law prescribing certain disclosures and filings and prohibits certain terms and conditions in both open and closed-end home loans. NCUA says the District may not require federal credit unions to comply with that law and preempted it because it would limit or affect the rates, terms of repayment, and other conditions of loans and lines of credit that federal credit unions may offer to their members. NCUA pointed out that federal credit unions are already subject to the Home Ownership and Equity Protection Act (HOEPA), which is an amendment to the Truth in Lending Act (TILA). Both HOEPA and HLPA exclude loans to finance the purchase or construction of a borrower's principal residence. The agency pointed out that recent court cases have limited TILA's "savings clause," which provides that a creditor must comply with any state law governing HOEPA loans to the extent the state law is not inconsistent with HOEPA. Based on court decisions, NCUA's lending regulation preempts any state law, including one affecting aspects of lending primarily regulated by TILA, that limits or affects lending rates, repayment terms, or lending conditions by federal credit unions. Further, NCUA's lending regulation also specifically provides that the NCUA Board retains exclusive examination and administrative enforcement jurisdiction over Federal credit unions. NCUA, not the mayor of the District of Columbia, who has enforcement jurisdiction under HLPA, has the sole authority to take enforcement actions against federal credit unions. CUNA has posted an analysis of NCUA's letter on its Web site (Resource Link below). CU System briefs
Alabama bankers back down on CU tax amendment MONTGOMERY, Ala. (5/30/03)--Alabama's banking lobby backed down Wednesday and did not introduce an amendment to strip credit union language from HB 25--the proposed rewrite of the state's Financial Institution Excise Tax. The Alabama CU League attributes the banks' inaction to support in the House for the credit union position, support stemming from grassroots efforts. Influenced by the number of credit union calls and efforts by league lobbyists, House members voiced opposition to the bankers' amendment when the measure was brought to the House floor Wednesday night. Late Wednesday afternoon, the league had learned that the Alabama bankers had drafted an amendment to HB 25 stripping from the bill the credit union language that reinstated utility, communication and sales tax credits for credit unions. The league immediately issued a legislative call to action to all members, asking them to contact their House members and urge representatives to oppose any amendment that would strike the tax credits for credit unions. League lobbyists also lined up active support for the credit union position among several House members, including HB 25's sponsor, Jack Page (D-Gadsden), Vice-Chair of Banking Mike Hill (R-Birmingham), and Craig Ford (D-Gadsden), also a member of House Banking. "Credit unions displayed the power of grassroots action yesterday by responding to the league's call to action and calling their representatives," says Gary Wolter, president of the league. "This is another victory for credit unions in Alabama." However, Wolter cautioned that the banks will try again. "Our attention is now turned towards the Senate," he says, adding the league has "heard from the bankers that they will continue to try and amend House-passed HB 25 as the bill moves its way through the Senate Finance and Taxation Committee to the full Senate." (Filed by Angela Davidson, communications specialist with the Alabama CU League) Michigan columnist hits banks opposing CU bill GRAND RAPIDS, Mich. (5/30/03)--"Bank fees are at an all-time high...And so, incidentally are bank profits," says a columnist for The Grand Rapids Press (May 28). That's why it's "no surprise" that bankers are fighting state legislation allowing more Michigan consumers to belong to credit unions, "which generally charge lower fees than banks." In an article entitled "Banks see credit unions as a threat; Credit unions are exempt from income taxes," staff writer Rick Haglund, discusses the provisions of the bill to modernize Michigan's 1925 CU Act and notes that banks aren't happy about the bill's allowing credit unions to expand their field of membership beyond a single community. One banker quoted says credit unions' field of membership expansions "could be the earth and the moon." Haglund also repeats bankers' claims that credit unions have advantages, including their not-for-profit status and their exemption from state and federal income taxes. Michigan CU League President and CEO David Adams provides statistics for the article about how tiny credit unions' assets are compared with the size of the banks. Haglund also notes that lawmakers at a Senate hearing commented that credit unions are far more responsible than payday lenders that charge exorbitant fees and interest rates. The banker's responsde: the bill doesn't restrict the size of the fees credit unions could charge for such loans. "It's almost comical to hear a bank lobbyist warn that credit unions might charge a steep fee for a financial service. Few are more adept at doing that than the banks," Haglund concludes. Social Security/ID bills progress in Texas AUSTIN, Texas (5/30/03)--Although home equity reform and modernization have been key focal points for credit unions during Texas' legislative session, several other bills--most notably dealing with use of Social Security numbers and ID theft--are progressing through the House and Senate. Today is the last day that the two chambers can consider the bills. The home equity reform, which means Texas no longer would be the only state prohibiting home equity lines of credit, was sent Wednesday to Gov. Rick Perry for signature and will go to the Secretary of State's office for placement as a constitutional amendment on the election ballot in September. The credit union act modernization bills were sent May 24 for the governor's signature. The governor has 10 days to sign a bill, says Carolyn Merchan-Saegert, associate general counsel at the Texas CU League. Here's a rundown on the other bills from Merchan-Saegert:
Arkansas league, chapter host Sen. Lincoln LITTLE ROCK, Ark. (5/30/03)--The Arkansas CU League and the South Arkansas Chapter of CUs hosted a legislative reception Wednesday for Sen. Blanche Lincoln (D-Ark.) in El Dorado, Ark. The event was the first of several that will be held in each of the state's congressional districts. Sen. Lincoln visited with credit union CEOs, volunteers, staff, and members from four area credit unions.
"We worked closely with Sen. Lincoln's staff to coordinate this event," says League President Reta Kahley. "We are very pleased with the participation from the credit unions in South Arkansas and look forward to hosting similar events in each of our congressional districts." CUNA Future Forum headliners beyond ordinary MADISON, Wis. (5/30/03)--The CUNA Future Forum, set for Sept. 29-Oct. 2 in Reno, Nev., will deliver on its promise to provide top-notch programming without "all those talking heads." Instead, attendees can expect general sessions that are dynamic, interactive, and beyond the ordinary, keeping with the event's theme of "Honor the Past. Manage the Present. Create the Future." Among the headlining events:
For more information about the 2003 CUNA Future Forum, including breakout sessions, the CU Marketplace, and guest/family programs, or to register for the event, use the resource link or call 800-356-9655, ext. 5700. CUNA calls for Annual General Meeting resolutions MADISON, Wis. (5/30/03)--In preparation for CUNA's Annual General Meeting (AGM), CUNA's Corporate Governance Committee is asking member credit unions and leagues to submit resolutions no later than Aug. 8. Resolutions deemed appropriate by the committee will be presented for discussion and vote at the AGM on Oct. 1 at the Hilton Reno in Nevada. Adopted resolutions will move forward as recommendations to the CUNA Board. Suggested resolutions can be sent by:
The AGM will be held during CUNA's Future Forum, Sept. 29 - Oct. 2 at the Hilton Reno. Florida Central’s Garcia running for CUNA Board TAMPA, Fla. (5/30/03)--Laida E. Garcia, executive vice president of Florida Central CU in Tampa, is running for the CUNA Board seat representing mid-sized credit unions in nine Southeastern states. The seat represents credit unions with 15,000 - 55,999 members (Class B) in Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee (CUNA District 3). Nominations for eight CUNA Board seats are open through June 20. CUNA members can nominate individuals willing to run for election by their peers in the following geographic districts and size classes:
Each credit union candidate for a CUNA Board seat must be an employee or voting board member of a nominating credit union. Nominations must be signed in writing by the nominating credit union's chairman or secretary, and seconded in writing by two other credit unions in the same district and class. A list of credit unions by district and class is available upon request. Nomination forms are downloadable directly from CUNA's Web site. (Use the second Resource Link below, and scroll down to your district and class size.) Or send your name, credit union name, mailing address, district and class via:
Nominations must be received by June 20. Ohio league tunes into small CUs DUBLIN, Ohio (5/30/03)--Small credit unions in Ohio are one group getting special attention from the Ohio CU League in a number of areas (eLeaguer Newsletter May 29). The league's electronic newsletter has a "Small CUs" section devoted to topics for small credit unions. Among the services the newsletter mentions as available:
Market News MADISON, Wis. (5/30/03)
News of the Competition MADISON, Wis. (5/30/03)
Consumer briefs
Wescom IDS, eFunds offer new account verification WOODLAND HILLS, Calif. (5/30/03)--Wescom IDS and Chex Systems Inc., a subsidiary of eFunds Corp., have joined to offer credit unions an automated membership verification process for credit unions to use before opening an account. The partnership will integrate Wescom IDS' automated Membership Application product with Chex System's services, New AccountChex, AccountChex Plus, and Qualifile. "New account applications at credit unions depend upon ID verification through ChexSystems so it made perfect sense that this approval process be automated to provide credit union applicants benefits such as increased speed and accuracy," says Wescom IDS President Ann Marie Michael. She added the faster process lessens the time members have to wait to use their services. Typically, ChexSystems sees a 20% to 50% increase in inquiry volume at new account desks when its clients use an integrated solution, according to Rahul Gupta, senior vice president and business line executive, eFunds Risk Management Solutions. Wescom IDS, based in Woodland Hills, Calif., is a partnership between Wescom CU, a $2.3 billion asset credit union, and Integrated data Systems. Debt consolidation on the rise in Australia SYDNEY (5/30/03)--Lenders in Australia are reporting that debt consolidation is now one of the most popular reasons for applying for loans up to $40,000, reports The Age (May 26). Community First CU, a credit union in Australia, says its recent campaign offered personal loans at 9.5% a year to assist members serious about getting rid of their debt. The result: A noticeable spike in the number of loans for that purpose. According to Kerry McMorrow, general manager of marketing, the percentage of debt-consolidation loans rose to 23.8% in March from 13.5% in January. Catherine Wolthuizen, finance policy officer with the Australian Consumers' Assocation, says personal loans are a low-cost alternative to credit cards and their nature is finite--demanding regular, fixed payments which require more discipline in spending. |
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