Thursday, December 1, 2016

NCUA Should Not Rubber Stamp Narrative Model for Community Charter

The National Credit Union Administration (NCUA) Board is proposing to resurrect the narrative model to demonstrate that a community that a federal credit union (FCU) wishes to serve is a well-defined, local community (WDLC).

Until 2010, NCUA required that an FCU applying a community charter submit a narrative for NCUA approval demonstrating that the residents of the proposed community had common interests and interaction. The Board abandoned the narrative requirement in favor of an objective model that gave credit unions the choice between two presumptive WDLC models -- a single political jurisdiction or a statistical area.

The Board is now proposing to allow an FCU to submit a narrative to demonstrate that the community it proposes to serve qualifies as a WDLC based upon common interests and interaction among the area’s residents.

NCUA noted that its pre-2010 experience with community charter applications has identified 13 criteria that were most useful and compelling to demonstrate common interests and interaction.

The thirteen criteria are:
  • Presence of a Central Economic Hub;
  • Community-wide Quasi-Government Agency Services;
  • Governmental Designations with Community;
  • Shared Public Services and Facilities;
  • Hospitals and Major Medical Facility Services;
  • College and University Enrollment;
  • Multi-Jurisdictional Mutual Aid Agreements;
  • Organizations’ and Clubs’ Membership and Services;
  • Newspaper Subscriptions;
  • Attendance at Entertainment and Sporting Events;
  • Local Television and Radio Audiences;
  • Community-wide Shopping Patterns; and
  • Geographic Isolation.
According to the proposed rule, “[a]n area need not meet all of the narrative criteria to qualify as a local community; rather, the totality of circumstances within the criteria a credit union elects to address must indicate a sufficient presence of common interests and interaction among the area’s residents.”

However, NCUA has an obligation to examine not only those factors that support the presence of common interests and interaction in the proposed community; but also, those factors that do not support the presence of common interests and interaction. To exclude factors that would rule against the presence of common interests and interaction would bias the agency’s analysis. As a federal judge opined: “NCUA must critically analyze the facts provided in the application to ensure that incomplete and erroneous information does not lead to an improper conclusion.”

In conclusion, NCUA should not “rubber stamp” information provided by an FCU showing interaction and common interests of residents. To augment its analysis, the NCUA Board should seek comment from the public on whether the proposed community is a WDLC.

Read the proposed rule.

1 comment:

  1. And CUNA will argue that wdlc by definition isn't useful anymore bc of the way communities have sprawled.
    Which is why an adult needs to show up and recognize that this is simply another reason to tax the larger credit unions and be done with it.
    They're all,over the place doing what banks do and what what's left.
    So, give it to them.
    Give them all that banks have including federal tax on income.



The content is provided for educational purposes only, with the understanding that neither the authors, contributors, nor the publishers of this site are engaged in rendering legal, accounting or other expert or professional services. If legal or other expert assistance is required, the services of a competent professional should be sought.

Comments appearing in response to articles appearing on this site do not necessarily reflect the views of the ABA. ABA makes no representations regarding the truth or accuracy of commentary or opinions that may be posted in response to the articles that appear on this website.

The inclusion herein of any link to a website, either in the text of an article or in a comment, does not denote any approval, sponsorship, or endorsement by the ABA, and ABA is not responsible for the content or opinions expressed on those linked websites or related commentary. This content is not licensed to third parties sites and is not affiliated with any third party site. Any reference to the author or this content on any third party site on the Internet is not authorized by the ABA.

It is the policy of the American Bankers Association to comply fully with all antitrust laws. Certain discussions should be considered off-limits, including those that contain competitively sensitive data such as price and cost information, or statements that could be construed as reflecting an attempt or desire to control or influence a particular market or markets. Future pricing or other prospective competitive information should never be shared.