OMB No. for NCUA 3133-0121
Expiration Date: November 30, 2017
In Official or Senior Executive Officer
Public reporting burden for the collection of information in this Notice is estimated to average 2 hours per response, including the time to gather and maintain data in the required form, to review instructions and to complete the information collection. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Office of Examination and Insurance, National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314 and to the Office of Management and Budget, Paperwork Reduction Project, Washington, DC 20503. An organization or a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.
In October of 1990, the National Credit Union Administration Board approved regulations to implement Section 212 of the Federal Credit Union Act, which was added by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. These regulations, unofficially labeled “executive approvals for troubled credit unions,” are contained in Sections 701.14 and 741.205 of the National Credit Union Administration (NCUA) Rules and Regulations.
This Notice is used by a federally insured credit union to notify the National Credit Union Administration (and the appropriate State Supervisory Authority, if a state-chartered federally insured credit union) of a proposed change in the board of directors, committee members, or senior executive officer of such institution. In general, this requirement is applicable to a federally insured credit union that:
is
a newly
chartered federally
insured
credit union
(in operation
less than
two years);
or,
is
in troubled
condition
A
“federally
insured
credit
union,”
unless
otherwise
indicated
by
the
context,
refers
to
both
natural
person
and
corporate
credit
unions.
An
“official”
means any
member
of the
board of
directors, credit
committee or
the supervisory
committee.
A
“senior
executive
officer”
means a
credit union’s
chief
executive officer
(president,
treasurer, or
manager), assistant
executive officers
(vice president,
assistant treasurer,
or assistant
manager) and/or
chief financial
officer (controller).
The term
“senior
executive officer”
also includes
any
employee
of an
outside entity
hired to
perform the
functions of
positions covered
by the
regulation.
A
“troubled
condition”
credit
union
is
defined
as:
A natural person credit union which has been assigned a composite CAMEL Code 4 or 5 by NCUA or the state supervisory authority
A natural person and/or corporate credit union granted assistance as outlined under Sections 208 or 216 of the Federal Credit Union Act.
A corporate credit union assigned a 4 or 5 CAMEL rating by NCUA or the state supervisory authority in either the Financial Risk or Risk Management composites.
The federally insured credit union (filer) should complete this Notice by providing a response to each of the questions and signing the Certification for each proposed individual. Information should be provided as of the Notice's submission date. In addition, each proposed individual must complete the biographical and certification portions of the Individual Application for Approval of Official or Senior Executive Officer form. The filer and each proposed individual are responsible for understanding the requirements and the accuracy of the statements. The completed form(s) should be sent to the appropriate Regional Director of the National Credit Union Administration, and to the appropriate state supervisor in the case of a state-chartered federally insured credit union.
A federally insured credit union must give NCUA written notice at least 30 days prior to the effective date of any addition, replacement, reassignment or change of the positions covered by Section 701.14 of NCUA’s Rules and Regulations. Prior notice is not required for new members elected to the board of directors or credit committee at a meeting of the members. However, a completed notice for each newly elected official must be filed within 48 hours of the election.
The notices must be filed with the appropriate NCUA Regional Director or Director of the Office of National Examinations and Supervision (ONES). Federally insured, state-chartered credit unions must also file a copy of the notices with their state supervisor.
Within 30 days of our receipt of all required information, we will review the notice package(s) and notify you in writing of the approval or disapproval of the selected individual. If our review of the notice determines that information is missing, a letter will be sent to the credit union indicating what area(s) need to be completed prior to acceptance for processing.
IN OFFICIAL OR SENIOR EXECUTIVE OFFICER
Details of Proposed Transaction
Full
Name
of
Individual
Notice
to
serve
as
a: Director
Committee Member
(Committee Name)
Senior
Executive Officer
( )
(Title)
Reason: To
replace ;
or
(Name of individual)
To
fill a
new
position
Type
of
filing: Prior
Notice After-the-Fact
Notice Waiver
Previously
Granted
Charter/Insurance
Number Name
of
Federally
Insured
Credit
Union
Street County
City State Zip
Code
Describe the steps taken by the federally insured credit union to investigate and satisfy itself as to the competence, experience, character, and integrity of the subject individual. Summarize the individual's qualifications for the proposed position.
If this Notice represents a proposal to serve as a senior executive officer of a federally insured credit union:
Describe the duties and responsibilities of the subject position or attach a position description, if applicable.
Discuss the proposed terms of employment of the subject individual and attach a copy of all pertinent documents, including any applicable employment contract or compensation arrangement.
Privacy
Act
Notice
To the extent that this document contains personal and financial information concerning proposed officials or senior executive officers of a credit union, the information may be subject to the Privacy Act of 1974 (5 U.S.C.
§552a) concerning safeguarding personal information. This information is required to enable NCUA to evaluate each proposed addition of any individual to the board of directors or a committee, or the employment of any
individual as a senior executive officer and determine whether or not to disapprove it. A failure to provide this
information
could
result
in
disapproval
of
such
a
proposal
or
a
determination
that
the
legal
requirement
of
prior notice
has
not
been
satisfied.
This
document
is
a
public
document
and
may
be
available
to
the
public
upon
request
under
the
provisions
of
the
Freedom
of
Information
Act
(5
U.S.C.
§552).
Contact
the
appropriate
NCUA regional
office
or
Office
of
Corporate
Credit
Unions
for
the
specific
procedures
under
which
the
document
would
be
disclosed
to
the
public
and
its
treatment
of
confidential
information.
I certify that the information provided in this Notice has been carefully examined by me and is correct, complete, and made in good faith. The biographical information included in the attached Individual Application for Approval of Official or Senior Executive Officer has been reviewed, and it is consistent with the information obtained by the federally insured credit union. Any misrepresentation or omission of a material fact constitutes fraud in the inducement and may subject me to legal sanctions provided by 18 U.S.C. §1001 and §1006.
Signed this day of , .
Signature
of
Authorized
Representative
Name
and
Title
of
Authorized
Representative
(Area
Code)(Telephone
Number) (Fax
Number)
Page
NCUA
Form
4063
File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
File Title | NCUA Form 4063 |
Author | TCREWS |
File Modified | 0000-00-00 |
File Created | 2021-01-24 |