§ 533.301 — Powers

Iowa § 533.301

• Jurisdiction: Iowa
• Title XIII: COMMERCE
• Ch. 533: CREDIT UNIONS

Text

A state credit union shall have the power to do all of the following:
1. Receive payments for ownership shares, for other shares, or as deposits from any or
all of the following:
a. Members of the state credit union.
b. Nonmembers as prescribed by rule where the state credit union is serving
predominantly low-income members. Rules adopted allowing nonmember deposits in state
credit unions serving predominantly low-income members shall be designed solely to meet
the needs of the low-income members.
c. Other credit unions.
d. Federal, state, county, and city governments.
2. Make loans or leases to members.
3. Make loans to a cooperative society or other organization having membership in the
state credit union.
4. Make deposits in state and national banks, federal savings banks or savings and loan
associations, and state and federal credit unions, the accounts of which are insured by the
federal deposit insurance corporation or the national credit union share insurance fund.
5. Make investments in any or all of the following:
a. Time deposits in state and national banks, federal savings banks or savings and loan
associations, and state and federal credit unions, the deposits of which are insured by the
federal deposit insurance corporation or the national credit union share insurance fund.

b. Obligations, participations, or other instruments of or issued by, or fully guaranteed
as to principal and interest by the United States government or any agency of the United
States government, or any trust or trusts established for investing directly or collectively in
the United States government or any agency of the United States government.
c. General obligations of this state and any subdivision of this state.
d. Purchase of notes of liquidating credit unions with the approval of the superintendent.
e. Shares and deposits in other credit unions.
f. Shares, stocks, loans, and other obligations or a combination of shares, stocks, loans,
and other obligations of a credit union service organization, corporation, or association,
provided the membership or ownership, as the case may be, of the credit union service
organization, corporation, or association is primarily confined or restricted to credit unions
or organizations of credit unions, and provided that the purpose of the credit union service
organization, corporation, or association is primarily designed to provide services to credit
unions, organizations of credit unions, or credit union members. However, the aggregate
amount invested pursuant to this paragraph shall not exceed five percent of the assets of the
credit union.
g. Obligations issued by federal land banks, federal intermediate credit banks, banks for
cooperatives, or any of the federal farm credit banks.
h. Commercial paper issued by United States corporations as defined by rule.
i. Corporate bonds as defined by and subject to terms and conditions imposed by the
superintendent, provided that the superintendent shall not approve investment in corporate
bonds unless the bonds are investment grade. For purposes of this paragraph, “investment
grade” means the issuer of a security has an adequate capacity to meet the financial
commitments under the security for the projected life of the asset or exposure, even under
adverse economic conditions. An issuer has an adequate capacity to meet the financial
commitments if the risk of default by the obligor is low and the full and timely repayment
of principal and interest on the security is expected. A state credit union may consider
any or all of the following nonexhaustive or nonmutually exclusive factors, to the extent
appropriate, with respect to the credit risk of a security:
(1) Credit spreads.
(2) Securities-related research.
(3) Internal or external credit risk assessments.
(4) Default statistics.
(5) Inclusion on an index.
(6) Priorities and enhancements.
(7) Price, yield, or volume.
(8) Asset class-specific factors.
j. Any permissible investment for federal credit unions, provided that this paragraph shall
not permit a credit union to invest in a credit union service organization except as provided
in paragraph “f”.
6. Borrow money as provided in this chapter.
7. Assess penalties as may be provided by the bylaws.
8. Sue and be sued.
9. Make contracts.
10. Purchase, hold, and dispose of property necessary and incidental to its operation,
except that any property acquired through foreclosure shall be disposed of within a period
not to exceed ten years.
11. Exercise such incidental powers as may be necessary or requisite to enable the state
credit union to carry on the business effectively for which it is incorporated.
12. Apply for share account and deposit account insurance that meets the requirements
of this chapter, and take all actions necessary to maintain an insured status.
13. Serveagroupofpersonshavinganinsufficientnumberofmemberstoformorconduct
the affairs of a separate credit union, upon the approval of the superintendent. The existence
of a common bond relationship between the group and the credit union affecting that service
shall not be required.
14. Deposit with a credit union that has been in existence for not more than a year, an

amount not to exceed twenty-five percent of the assets of the new credit union, but only one
credit union may, at any time, make such a deposit.
15. Acquiretheconditionalsalescontracts,promissorynotes,orothersimilarinstruments
executed by its members, but the rate of interest existing on the instruments shall not exceed
the highest rate charged by the acquiring credit union on its outstanding loans.
16. a. Sell, participate in, or discount the obligations of its members with or without
recourse.
b. Purchase the obligations of credit union members, provided the obligations meet the
requirements of this chapter.
17. Acquire and hold shares in a corporation engaged in providing and operating
facilities through which a credit union and its members may engage, by means of either the
direct transmission of electronic impulses to and from the credit union or the recording of
electronic impulses or other indicia of a transaction for delayed transmission to the credit
union, in transactions in which such credit union is otherwise permitted to engage pursuant
to applicable law, subject to the prior approval of the superintendent.
18. Engage in any transaction otherwise permitted by this chapter and applicable law,
by means of either the direct transmission of electronic impulses to or from the state credit
union or the recording of electronic impulses or other indicia of a transaction for delayed
transmission to the state credit union.
a. Subject to the provisions of chapter 527, a state credit union may utilize, establish, or
operate, aloneorwithoneormoreothercreditunions, banksincorporatedunderchapter524
or federal law, savings and loan associations incorporated under federal law, corporations
licensed under chapter 536A, or third parties, the satellite terminals permitted under chapter
527, by means of which the state credit union may transmit to or receive from any member
electronic impulses constituting transactions pursuant to this subsection. However, such
utilization, establishment, or operation shall be lawful only when in compliance with chapter
527.
b. This subsection shall not be construed as authority for any person to engage in
transactions not otherwise permitted by applicable law, and shall not be deemed to repeal,
replace, or in any other way affect any applicable law or rule regarding the maintenance of
or access to financial information maintained by any credit union.
19. Establish one or more state credit union offices other than its main office.
a. A state credit union may furnish at any of its offices all credit union services ordinarily
furnished to the membership at its principal place of business.
b. Thecentralexecutiveandofficialbusinessandrecordkeepingfunctionsofastatecredit
unionshallbeexercisedatitsprincipalplaceofbusinessoratanotherstatecreditunionoffice
or a location authorized by the superintendent for these functions.
c. A state credit union shall file an informational statement in the form prescribed by the
superintendent prior to opening a state credit union office.
d. A state credit union office shall not be opened without a certificate to establish a state
credit union office issued by the superintendent.
e. Theestablishmentofastatecreditunionofficemustbereasonablynecessaryforservice
to, and in the best interests of, the members of the state credit union, and shall not endanger
the safety and soundness of the state credit union opening the office.
f. A state credit union may join with one or more credit unions in the operation of an office
facility to meet the service needs of its members.
20. Contract with another credit union to furnish services which either could otherwise
legally perform. Contracted services provided under this subsection are subject to regulation
and examination like other services.
21. Purchase insurance or make the purchase of insurance available for members.
22. Charge fees and penalties and apply them to income.
23. a. (1) Act as agent of the federal government when requested by the secretary of the
United States department of treasury.
(2) Perform such services as may be required in connection with the collection of taxes
and other obligations due the United States and the lending, borrowing, and repayment of
moneys by the United States.

(3) Act as a depository of public money when designated for that purpose.
b. (1) Act as agent of this state when requested by the treasurer of state.
(2) Perform such services as may be required in connection with the collection of taxes
and other obligations due this state and the lending, borrowing, and repayment of moneys
by this state.
(3) Act as a depository of public moneys when designated for that purpose.
24. Receive public funds pursuant to chapter 12C and pledge its assets to secure the
deposit of public funds.
25. Engage in any activity authorized by the superintendent which would be permitted if
the state credit union were federally chartered and which is consistent with state law.
26. To promote the public welfare, make donations for religious, charitable, scientific,
educational, or community betterment purposes.
27. Set off a member’s accounts against any of the member’s debts or liabilities owed the
state credit union pursuant to an agreement entered into between the member and the state
credit union. The state credit union shall also have a lien on the shares and deposits of a
member for any sum due to the state credit union from the member or for any loan endorsed
by the member.
28. Sell, to persons in the field of membership, negotiable checks, including traveler’s
checks; money orders; and other similar money transfer instruments including international
and domestic electronic fund transfers and remittance transfers.
29. Cash checks and money orders, and send and receive international and domestic
electronic fund transfers and remittance transfers, for persons in the field of membership.