3
Lending
3.1
For the purposes of the limits set out in this Chapter, the attached shares attributable to a member in respect of that member’s interest in a joint account must be treated by a credit union as no more than the amount arrived at by dividing the balance in the joint account by the number of members with an interest in that account.
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3.2
Subject to 3.3, a credit union must not hold an unsecured loan that is repayable within more than five years from its provision or a secured loan that is repayable within more than ten years from its provision.
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3.3
A credit union must not make a loan that is repayable within more than ten years from its provision, in relation to an unsecured loan, and 25 years, in relation to a secured loan, unless the credit union complies with 10.3.
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3.4
Subject to 3.5, 3.6 and 3.7 the outstanding balance of a loan:
- (1) to a member, must not exceed £15,000 in excess of that member’s attached shares; and
- (2) to another credit union that is not a member, must not exceed £15,000.
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3.5
Subject to 3.6 and 3.7, the outstanding balance of a loan by a credit union that satisfies the requirements in 10.3:
- (1) to a member, must not exceed 1.5% of total non deferred shares in excess of that member’s attached shares; and
- (2) to another credit union that is not a member, must not exceed 1.5% of total non deferred shares.
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3.6
A large exposure must not exceed 25% of the credit union's capital.
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3.7
The aggregate of all large exposures must not exceed 500% of the credit union's capital.
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3.8
A credit union must not lend to a member more than £7,500 in excess of the attached shares held by that member, or to another credit union more than £7,500, unless it has a capital-to-assets ratio of at least 5%.
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3.9
A credit union that is owed by a member a total amount greater than £7,500 in excess of the attached shares held by that member, or by another credit union an amount greater than £7,500, must maintain a capital-to-total-assets ratio of at least 5%.
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3.10
A credit union must make adequate provision for bad debts.
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3.11
A credit union must make specific provision in its accounts for bad debts of at least the amounts set out below:
- (1) 35% of the net liability to the credit union of borrowers where the amount is more than three months in arrears;
- (2) 60% of the net liability to the credit union of borrowers where the amount is more than six months in arrears;
- (3) 80% of the net liability to the credit union of borrowers where the amount is more than nine months in arrears; and
- (4) 100% of the net liability to the credit union of borrowers where the amount is more than twelve months in arrears.
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3.12
Where a delinquent loan is rescheduled or the arrears capitalised, the provision a credit union is required to make immediately prior to the rescheduling or recapitalisation must be maintained until the loan has performed for six months.
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3.13
A credit union must not make a subordinated loan unless it:
- (1) is provided to a credit union; and
- (2) qualifies as capital within the meaning of 8.2.
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3.14
Prior to the provision of a subordinated loan, a credit union must carry out an assessment of the financial implications of making the loan.
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3.15
A credit union must retain, for a period of five years following the date of a subordinated loan, a written record of the assessment in 3.14.
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