Credit Union and Co-operation with Overseas Regulators Act 2012

22.

Credit officer and credit control officer.

22.— The Principal Act is amended by substituting the following for section 65:

“65.— (1) The board of directors may—

( a) approve the appointment of a person by the manager, other than a member of the board, a member of the credit control committee or a credit control officer, as a credit officer to work under the supervision of the credit committee, and

( b) assign to the credit officer the power to approve credit on its behalf—

(i) that is fully secured by the shareholding of the borrowing member or to an amount in excess of that shareholding, or

(ii) that qualifies as emergency credit within such definitions and limitations as to amount, the terms of repayment and security required for emergency credit as may be established in writing by the board of directors,

and the amount of the excess referred to in paragraph ( b)(i), shall be determined from time to time by the board of directors.

(2) A record of each application for credit which has or has not been approved shall be furnished by the credit officer to the credit committee not later than 7 days of receipt of the application.

(3) Where the board of directors has assigned the power to approve credit under subsection (1)( b), a credit officer shall enquire into the character and financial circumstances of an applicant for credit and the security offered, if any, in order to—

( a) ascertain the applicant’s ability to repay a loan in accordance with its terms, and

( b) ensure that the provision of credit does not involve undue risk to members’ savings.

(4) The Board may approve the appointment of a person by the manager, other than a member of the board, a member of the credit committee or a credit officer, as a credit control officer to assist the credit control committee and work under its supervision and control.”.