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Title 12 — Banks and Banking

Chapter 14 — Federal Credit Unions

§ 1755. Fees

Statutory text

(a)

Payment by Federal credit union to Administration

In accordance with rules prescribed by the Board, each Federal credit union shall pay to the Administration an annual operating fee which may be composed of one or more charges identified as to the function or functions for which assessed.

(b)

Determinations of amount, assessment periods, and payment dates

The fee assessed under this section shall be determined according to a schedule, or schedules, or other method determined by the Board to be appropriate, which gives due consideration to the expenses of the Administration in carrying out its responsibilities under this chapter and to the ability of Federal credit unions to pay the fee. The Board shall, among other things, determine the periods for which the fee shall be assessed and the date or dates for the payment of the fee or increments thereof.

(c)

Supervision charge exception; waiver of payment

If the annual operating fee is composed of separate charges, no supervision charge shall be payable by a Federal credit union, and the Board may waive payment of any or all other charges comprising the fee, with respect to the year in which its charter is issued, or in which final distribution is made in its liquidation or the charter is canceled.

(d)

Payment into Treasury of United States

All operating fees shall be deposited with the Treasurer of the United States for the account of the Administration and may be expended by the Board to defray the expenses incurred in carrying out the provisions of this chapter including the examination and supervision of Federal credit unions.

(e)

Investment of annual operating fees not needed for current operations

(1)

Upon request of the Board, the Secretary of the Treasury shall invest and reinvest such portions of the annual operating fees deposited under subsection (d) as the Board determines are not needed for current operations.

(2)

Such investments may be made only in interest bearing securities of the United States with maturities requested by the Board bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities.

(3)

All income derived from such investments and reinvestments shall be deposited to the account of the Administration described in subsection (d).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 73–750 · 48 Stat. 1216

    Enacted · 12 U.S.C. § 1755

    June 26, 1934, ch. 750, title I, § 105, formerly § 5, 48 Stat. 1217

    Source evidence

    Code source credit
    June 26, 1934, ch. 750, title I, § 105, formerly § 5, 48 Stat. 1217

  2. Pub. L. 86–354 § 1 · 73 Stat. 628

    Changed · 12 U.S.C. § 1755

    Pub. L. 86–354 incorporated in last sentence subject matter formerly contained in a proviso clause following table and authorized fees to be expended for supervisory expenses

    Source evidence

    Code amendment note
    Pub. L. 86–354 incorporated in last sentence subject matter formerly contained in a proviso clause following table and authorized fees to be expended for supervisory expenses.

  3. Pub. L. 91–206 § 2(1) · 84 Stat. 49

    1. Substituted · 12 U.S.C. § 1755

      Pub. L. 91–206 substituted “Administrator” for “Director” wherever appearing

    2. Substituted · 12 U.S.C. § 1755

      Pub. L. 91–206 substituted “Administration” for “Bureau” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 91–206 substituted “Administrator” for “Director” and “Administration” for “Bureau”, wherever appearing.

    Enacted provision · exact public law section
    Sec. 2. The Federal Credit Union Act is further amended (1) by changing “Director” to read “Administrator” each place it appears therein; (2) by changing “Bureau of Federal Credit Unions” to read “National Credit Union Administration” each place it appears therein; and (3) by changing “Bureau”, each remaining place it appears, to read “Administration”.

  4. Financial Institutions Regulatory and Interest Rate Control Act of 1978

    Pub. L. 95–630 title V § 507 · 92 Stat. 3641

    Substituted · 12 U.S.C. § 1755

    Pub. L. 95–630 substituted provisions relating to the payment of an operating fee by each Federal credit union to the Board for provisions relating to the payment of costs incident to the ascertainment of whether an organization certificate should be approved and costs upon approval by the subscriber of such certificate to the Administration and payment of a supervision fee by each Federal credit union to the Administration

    Source evidence

    Code amendment note
    Pub. L. 95–630 substituted provisions relating to the payment of an operating fee by each Federal credit union to the Board for provisions relating to the payment of costs incident to the ascertainment of whether an organization certificate should be approved and costs upon approval by the subscriber of such certificate to the Administration and payment of a supervision fee by each Federal credit union to the Administration.

    Enacted provision · exact public law section
    Sec. 507. Section 105 of the Federal Credit Union Act (12 U.S.C. 1755) is amended to read as follows: “Sec. 105. “fees (a) In accordance with rules prescribed by the Board, each Federal credit union shall pay to the Administration an annual operating fee which may be composed of one or more charges identified as to the function or functions for which assessed. “(b) The fee assessed under this section shall be determined according to a schedule, or schedules, or other method determined by the Board to be appropriate, which gives due consideration to the expenses of the Administration in carrying out its responsibilities under this Act and to the ability of Federal credit unions to pay the fee. The Board shall, among other things, determine the periods for which the fee shall be assessed and the date or dates for the payment of the fee or increments thereof. “(c) If the annual operating fee is composed of separate charges, no supervision charge shall be payable by a Federal credit union, and the Board may waive payment of any or all other charges comprising the fee, with respect to the year in which its charter is issued, or in which final distribution is made in its liquidation or the charter is canceled. “(d) All operating fees shall be deposited with the Treasurer of the United States for the account of the Administration and may be expended by the Board to defray the expenses incurred in carrying out the provisions of this Act including the examination and supervision of Federal credit unions.”.

    Effective date note
    Amendment by Pub. L. 95–630 effective on expiration of 120 days after Nov. 10, 1978, and transitional provisions, see section 509 of Pub. L. 95–630, set out as a note under section 1752 of this title.

  5. Garn-St Germain Depository Institutions Act of 1982

    Pub. L. 97–320 title V § 505 · 96 Stat. 1469

    Added · 12 U.S.C. § 1755(e)

    Pub. L. 97–320 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 97–320 added subsec. (e).

    Enacted provision · exact public law section
    Sec. 505. investment of fees Section 105 of the Federal Credit Union Act (12 U.S.C. 1755) is amended by adding at the end thereof the following new subsection: “(e) (1) Upon request of the Board, the Secretary of the Treasury shall invest and reinvest such portions of the annual operating fees deposited under subsection (d) as the Board determines are not needed for current operations. “(2) Such investments may be made only in interest bearing securities of the United States with maturities requested by the Board bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. “(3) All income derived from such investments and reinvestments shall be deposited to the account of the Administration described in subsection (d).”.

4 of 6 references resolved to an enrolled provision · 2 partial

Editorial Notes

Amendments1952–1982 · 5 rounds

1982

Subsec. (e). Pub. L. 97–320 added subsec. (e).

1978

Pub. L. 95–630 substituted provisions relating to the payment of an operating fee by each Federal credit union to the Board for provisions relating to the payment of costs incident to the ascertainment of whether an organization certificate should be approved and costs upon approval by the subscriber of such certificate to the Administration and payment of a supervision fee by each Federal credit union to the Administration.

1970

Pub. L. 91–206 substituted “Administrator” for “Director” and “Administration” for “Bureau”, wherever appearing.

1959

Pub. L. 86–354 incorporated in last sentence subject matter formerly contained in a proviso clause following table and authorized fees to be expended for supervisory expenses.

1952

Act , amended section, substituting a graduated scale of supervisory fees for the $10 a year supervisory fee.

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–630 effective on expiration of 120 days after , and transitional provisions, see section 509 of Pub. L. 95–630, set out as a note under section 1752 of this title.

Effective Date of 1952 Amendment

Act Apr. 17, 1952, ch. 214, § 2, 66 Stat. 63, provided that: “The amendment by section 1 of this Act [amending this section] shall apply to supervision fees payable with respect to the calendar year 1952 and subsequent calendar years.”

Executive Documents

Transfer of Functions

Transfer of functions of Farm Credit Administration and Governor thereof, generally, see notes set out under section 1751 of this title.

Functions of Governor of Farm Credit Administration under this section transferred to Federal Deposit Insurance Corporation by Reorg. Plan No. 1 of 1947.

Credits

1934–1982 · 9 acts
  1. 1934June 26, 1934, ch. 750, title I, § 105, formerly § 5, 48 Stat. 1217
  2. 19471947 Reorg. Plan No. 1, § 401, eff. , 12 F.R. 4534, 61 Stat. 952
  3. 1948June 29, 1948, ch. 711, §§ 1, 2, 62 Stat. 1091
  4. 1952Apr. 17, 1952, ch. 214, § 1, 66 Stat. 63
  5. 1959renumbered § 6 and amended Pub. L. 86–354, § 1, , 73 Stat. 629
  6. 1970Pub. L. 91–206, § 2(1), (3), , 84 Stat. 49
  7. 1970renumbered title I, § 105, Pub. L. 91–468, § 1(2), , 84 Stat. 994
  8. 1978amended Pub. L. 95–630, title V, § 507, , 92 Stat. 3682
  9. 1982Pub. L. 97–320, title V, § 505, , 96 Stat. 1528.
Show as published

(June 26, 1934, ch. 750, title I, § 105, formerly § 5, 48 Stat. 1217; 1947 Reorg. Plan No. 1, § 401, eff. , 12 F.R. 4534, 61 Stat. 952; June 29, 1948, ch. 711, §§ 1, 2, 62 Stat. 1091; Apr. 17, 1952, ch. 214, § 1, 66 Stat. 63; renumbered § 6 and amended Pub. L. 86–354, § 1, , 73 Stat. 629; Pub. L. 91–206, § 2(1), (3), , 84 Stat. 49; renumbered title I, § 105, Pub. L. 91–468, § 1(2), , 84 Stat. 994; amended Pub. L. 95–630, title V, § 507, , 92 Stat. 3682; Pub. L. 97–320, title V, § 505, , 96 Stat. 1528.)

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