§ 533.502 — Grounds for management of state credit union by superintendent

Iowa § 533.502

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

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1. Notwithstanding any other provision of this chapter, the superintendent may take over
the management of the property and business of a state credit union when it appears to the
superintendent that any of the following actions have occurred or conditions exist:
a. The state credit union has violated any law of this state.
b. The capital of the state credit union is impaired.
c. The state credit union is conducting its business in an unsafe or unsound manner.
d. The state credit union is in such condition that it is unsound, unsafe, or inexpedient for
it to transact business.
e. The state credit union has suspended or refused payment of its deposits or other
liabilities.
f. The state credit union refuses to make its records available to the superintendent for
examination or otherwise refuses to make available, through an officer or employee having
knowledge, informationrequiredbythesuperintendentfortheproperdischargeoftheduties
of the superintendent’s office.
g. The state credit union neglects or refuses to observe any order of the superintendent
made pursuant to the provisions of this chapter, unless the enforcement of such order is
stayed in a court proceeding brought by the state credit union.
h. The state credit union has not transacted any business or performed any of the duties
contemplated by its authorization to do business for a period of at least one hundred eighty
days.
2. a. The superintendent shall manage the property and business of the state credit
union until such time as the superintendent may relinquish to the state credit union the
management, upon such conditions as the superintendent may prescribe, or until the affairs
of the state credit union are finally dissolved as provided in this chapter. The superintendent
may operate and direct the affairs of the state credit union in its regular course of business.
The superintendent may also collect amounts due the state credit union and do such other

acts as are necessary or expedient to conduct the affairs of the state credit union and
conserve or protect its assets, property, and business.
b. The superintendent may appoint one or more persons, with powers specified in
the certificate of appointment, to assist the superintendent in the duty of management,
conservation, or dissolution and distribution of the business and property of a state credit
union.
c. During the period of the superintendent’s management of the property and business of
the state credit union, and prior to the time that the superintendent may apply to the district
court for appointment as receiver, the superintendent may assess the state credit union for
costsandexpensesincurredbythedivisioninthemanagementofthestatecreditunion. Costs
and expenses shall include but not be limited to costs and expenses for salaries and benefits,
expenses and travel for employees, office facilities, supplies, equipment, and administrative
costs and expenses incurred in the management of the state credit union.
3. Judicial review of the actions of the superintendent may be sought in accordance with
chapter 17A. However, the contested case provisions of chapter 17A, the Iowa administrative
procedure Act, do not apply to an action by the superintendent to take over the management
of or to manage a state credit union, as authorized by this section.