WEST virginia Legislature
2016 regular session
House Bill 4244
By Delegates Walters, Frich, Westfall, McCuskey, Manchin, Skinner, Shott, Flanigan, Waxman, Perry and B. White
By request of the Division of Financial Institutions
[Introduced January 25, 2016;
to the Committee on Banking and Insurance then the Judiciary.]
A BILL to amend and reenact §31C-2-6 of the Code of West Virginia, 1931, as amended, relating to eliminating the need for a public hearing when no objection is filed on an application from an out of state state-chartered credit union to establish a branch in West Virginia.
Be it enacted by the Legislature of West Virginia:
That §31C-2-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. FORMATION OF CREDIT UNION.
§31C-2-6. Out-of-state credit unions.
(a) A credit union organized under the laws of another
state or territory of the United States may conduct business as a credit union
through a branch or service facility in this state with the approval by written
order of the commissioner, provided credit unions incorporated under this
chapter are allowed to do business in the other state under conditions similar
to these provisions. Unless the context clearly requires otherwise, the term
"territory of the United States"
shall, as used in this
chapter, includes the District of Columbia. Before granting the approval,
the commissioner must, upon public hearing, find that the applicant
out-of-state credit union The commissioner shall, after filing a public
notice of the application, hold a public hearing to consider the application.
However, a hearing is not necessary if no objection to the application is
received within ten days after the filing of the public notice. Before
granting approval, the commissioner must enter an order finding that the
applicant out-of-state credit union:
(1) Is a credit union organized and operating under standards recognized as appropriate pursuant to the provisions of this chapter;
(2) Is financially solvent and has an adequate capital structure;
(3) Has account insurance as required for credit unions incorporated under this chapter;
(4) Has a board of directors and supervisory committee with the reputation, character and abilities to provide assurance that the credit union=s affairs will be properly administered;
(5) Has in connection with any office of operations in this state made provision for suitable quarters from which to conduct the business of a credit union;
(6) Is examined and supervised by a regulatory agency of the state or territory in which it is organized; and
(7) Needs to conduct business in this state to adequately serve its members in this state.
(b) No out-of-state credit union may conduct business in this state unless it:
(1) Complies with the limits on finance charges applicable to credit unions set forth in section two, article seven of this chapter when making loans in this state;
(2) Complies with the consumer protection statutes and rules applicable to credit unions incorporated under this chapter;
(3) Agrees to furnish the commissioner a copy of the report of examination of its regulatory agency, and if deemed necessary by the commissioner, to submit to an examination by the commissioner, the cost of which shall be paid for by the credit union; and
(4) Designates and maintains an agent for the service of process in this state.
(c) The commissioner may revoke the approval of a credit union to conduct business in this state if the commissioner finds that:
(1) The credit union no longer meets the requirements of subsection (a) of this section;
(2) The credit union has violated the laws of this state or lawful rules or orders issued by the commissioner;
(3) The credit union has engaged in a pattern of unsafe or unsound credit union practices; or
(4) Continued operation by the credit union is likely to have a substantially adverse impact on the financial, economic or other interests of residents of this state.
NOTE: The purpose of this bill is to eliminate the need for a public hearing to act on an application from an out-of-state credit union when no objection to the application is filed with 10 days after public notice of the application.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.