[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Notices]
[Pages 38475-38476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16497]
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NATIONAL CREDIT UNION ADMINISTRATION
Agency Information Collection Activities: Submission to OMB for
Revision of a Currently Approved Information Collection, Credit Union
Service Organizations; Comment Request
AGENCY: National Credit Union Administration (NCUA).
ACTION: Request for comment.
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SUMMARY: The NCUA intends to submit the following information
collection to the Office of Management and Budget (OMB) for review and
clearance under the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44
U.S.C. Chapter 35). This information collection is published to obtain
comments from the public. NCUA amended its credit union service
organization (CUSO) regulation to increase transparency and address
certain safety and soundness concerns. The final rule extends certain
requirements of the CUSO regulation to federally insured, state-
chartered credit unions and imposes new requirements on federally
insured credit unions (FICUs). Under the amended rule FICUs with an
investment in, or loan to, a CUSO must obtain a written agreement with
the CUSO addressing accounting, financial statements, audits,
reporting, and legal opinions. The rule limits the ability of a ``less
than adequately capitalized'' FICU to recapitalize an insolvent CUSO.
All CUSOs are required to annually provide basic profile information to
NCUA and the appropriate state supervisory authority (SSA). CUSOs
engaging in certain
[[Page 38476]]
complex or high-risk activities are also required to report more
detailed information, including audited financial statements and
customer information.
DATES: Comments will be accepted until September 4, 2015.
ADDRESSES: Interested parties are invited to submit written comments to
the NCUA Contact and the OMB Reviewer listed below:
NCUA Contact: Joy Lee, National Credit Union Administration, 1775
Duke Street, Alexandria, Virginia 22314-3428, Fax No. 703-837-2861,
Email: [email protected].
OMB Reviewer: Office of Management and Budget, ATTN: Desk Officer
for the National Credit Union Administration, Office of Information and
Regulatory Affairs, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Requests for additional information, a
copy of the information collection request, or a copy of submitted
comments should be directed to:
NCUA Contact: Joy Lee, National Credit Union Administration, 1775
Duke Street, Alexandria, Virginia 22314-3428, Fax No. 703-837-2861,
Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Abstract and Request for Comments
NCUA is revising the currently approved collection of information,
OMB Control Number, 3133-0149, to reflect amendments to part 712 (part
712 or the rule). Part 712 of the National Credit Union
Administration's (NCUA) regulations \1\ implements authority in the
Federal Credit Union Act \2\ relating to federally insured credit union
(FICU) lending or investment activity with a credit union service
organization (CUSO). The rule addresses NCUA's safety and soundness
concerns for activities conducted by CUSOs and imposes certain
recordkeeping obligations on FICUs that have investment or lending
relationships with, or conduct operations through, CUSOs. Certain
reporting obligations are imposed on natural person credit union CUSOs
and corporate credit union CUSOs as a result of the rule.
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\1\ 12 CFR part 712.
\2\ 12 U.S.C. 1756, 1757(5)(D), 1757(7)(I), 1766, 1782, 1785,
and 1786.
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Part 712 contains the following information collection (IC)
requirements:
(IC 1.) Obtain Written Agreement. Before making a loan to, or
investment in, a CUSO, a FICU must obtain a written agreement from the
CUSO (or revise any current agreement the FICU has with a CUSO) that
the CUSO will: Follow generally accepted accounting principles (GAAP);
prepare financial statements at least quarterly and obtain an annual
opinion audit from a licensed certified public accountant; provide
access to its books and records to NCUA and the appropriate SSA; and
file financial and other reports directly with NCUA and the appropriate
SSA;
(IC 2.) Obtain Written Legal Opinion. A FICU must obtain a written
legal opinion confirming the CUSO is established in a legally
sufficient way to limit the credit union's exposure to loss of its
loans to, or investments in, the CUSO;
(IC 3.) Obtain Regulatory Approval. Any FICU that is or, as a
result of recapitalizing an insolvent CUSO will become, less than
adequately capitalized, must seek NCUA approval before recapitalizing
an insolvent CUSO; and
(IC 4.) CUSO Reporting. A CUSO with an investment or loan from a
FICU must annually submit a report directly to NCUA and the appropriate
SSA that contains financial and other information prescribed in the
rule. All CUSOs are required to provide basic profile information to
NCUA and the appropriate SSA. CUSOs engaging in certain complex or
high-risk activities are also required to report more detailed
information, including audited financial statements and customer
information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number.
NCUA requests that you send your comments on the information
collection requirements for Credit Union Service Organizations, 12 CFR
part 712, to the locations listed in the ADDRESSES section. Your
comments should address: (a) the necessity of the information
collection for the proper performance of NCUA, including whether the
information will have practical utility; (b) the accuracy of our
estimate of the burden (hours and cost) of the collection of
information, including the validity of the methodology and assumptions
used; (c) ways we could enhance the quality, utility, and clarity of
the information to be collected; and (d) ways we could minimize the
burden of the collection of the information on the respondents such as
through the use of automated collection techniques or other forms of
information technology. It is NCUA's policy to make all comments
available to the public for review.
II. Data
Title: Credit Union Service Organizations, 12 CFR part 712.
OMB Number: 3133-0149.
Form Number: None.
Type of Review: Revision to a currently approved collection.
Description: NCUA amended part 712 to increase transparency and
address safety and soundness concerns about activities conducted by
CUSOs and imposes certain recordkeeping obligations on FICUs that have
investment or lending relationships with, or conduct operations
through, CUSOs.\3\ The final rule extends certain requirements of the
CUSO regulation to federally insured, state-chartered credit unions and
imposes new requirements on federally insured credit unions (FICUs).
Under the amended rule a FICU with an investment in, or loan to, a CUSO
must obtain a written agreement with the CUSO addressing accounting,
financial statements, audits, reporting, and legal opinions. The rule
limits the ability of a ``less than adequately capitalized'' FICU to
recapitalize an insolvent CUSO. All CUSOs are required to annually
provide basic profile information to NCUA and the appropriate SSA.
CUSOs engaging in certain complex or high-risk activities are also
required to report more detailed information, including audited
financial statements and customer information. These reporting
obligations are imposed on natural person credit union CUSOs and
corporate credit union CUSOs as a result of the rule.
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\3\ 78 FR 72537 (Dec. 3, 2013).
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Respondents: Federally insured credit unions and credit union
service organizations.
Estimated No. of Respondents: 4,116.
Frequency of Response: One-time, on occasion, and annual.
Estimated Burden Hours per Response: Varies based on type and
frequency of response.
Estimated Total Annual Burden Hours: 11,558.5 hours.
Estimated Total Annual Cost: $76,177.2.
By the National Credit Union Administration Board on June 30,
2015.
Gerard Poliquin,
Secretary of the Board.
[FR Doc. 2015-16497 Filed 7-2-15; 8:45 am]
BILLING CODE 7535-01-P