Credit Union Act 1997

76D

F142 [ Compliance officer.

76D. (1) The board of directors of a credit union shall appoint a person (in this Act referred to as a compliance officer ) with the necessary authority and resources to manage the compliance programme, as provided for by section 76B , within the credit union.

(2) Except where subsection (3)(a) applies or where otherwise prescribed by the Bank under subsection (3)( b ), nothing in this section shall be read as preventing the appointment of a person as compliance officer of a credit union who

( a ) holds another position as an officer in the credit union, or

( b ) is the compliance officer for one or more than one other credit union.

(3) The compliance officer of a credit union shall not

( a ) be a director, a member of the board oversight committee or the auditor of the credit union, or

( b ) hold such other position (whether within the credit union or otherwise) that the Bank may prescribe as being inappropriate to hold while being a compliance officer.

(4) The compliance officer of a credit union shall be responsible for managing compliance at all levels in the credit union including

( a ) ensuring that the credit union complies with all statutory and regulatory requirements, and

( b ) monitoring such compliance to ensure that no conflict of interest arises.

(5) A credit union shall ensure that the compliance officer

( a ) has clearly documented reporting lines to the board,

( b ) has access to the board,

( c ) is independent in the exercise of his or her functions and, subject to paragraph ( d ), shall be free from influence, and

( d ) is subject to internal oversight by the internal audit function.

(6) The board of directors of a credit union shall ensure that the role and functions of the compliance officer are documented in writing and include any role or function that may be prescribed by the Bank or be otherwise duly provided for by the Bank under any other enactment. ]

Annotations:

Amendments:

F142

Inserted (11.10.2013) by Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012), s. 26, S.I. No. 393 of 2013.