Page:United States Statutes at Large Volume 112 Part 2.djvu/33

 '-ialt^iNf PUBLIC LAW 105-219—AUG. 7, 1998 112 STAT. 917 organization chooses to withdraw from the membership of the credit union,". SEC. 102. CRITERIA FOR APPROVAL OF EXPANSION OF MEMBERSmP OF MULTIPLE COMMON-BOND CREDIT UNIONS. Section 109 of the Federal Credit Union Act (12 U.S.C. 1759) is amended by adding at the end the following new subsection: "(f) CRITERIA FOR APPROVAL OF EXPANSION OF MULTIPLE COMMON-BOND CREDIT UNIONS. — "(1) IN GENERAL.— The Board shall— "(A) encourage the formation of separately chartered credit unions instead of approving an application to include an additional group within the field of membership of an existing credit union whenever practicable and consistent with reasonable standards for the safe and sound operation of the credit union; and "(B) if the formation of a separate credit union by the group is not practicable or consistent with the standards referred to in subparagraph (A), require the inclusion of the group in the field of membership of a credit union that is within reasonable proximity to the location of the group whenever practicable and consistent with reasonable standards for the safe and sound operation of the credit union. "(2) APPROVAL CRITERIA. —The Board may not approve any application by a Federal credit union, the field of membership category of which is described in subsection (b)(2) to include any additional group within the field of membership of the credit union (or an application by a Federal credit union described in subsection (b)(1) to include an additional group and become a credit union described in subsection (b)(2)), unless the Board determines, in writing, that— "(A) the credit union has not engaged in any unsafe or unsound practice (as defined in section 206(b)) that is material during the 1-year period preceding the date of filing of the application; "(B) the credit union is adequately capitalized; "(C) the credit union has the administrative capability to serve the proposed membership group and the financial resources to meet the need for additional staff and assets to serve the new membership group; "(D) any potential harm that the expansion of the field of membership of the credit union may have on any other insured credit union and its members is clearly outweighed in the public interest by the probable beneficial effect of the expansion in meeting the convenience and needs of the members of the group proposed to be included in the field of membership; and "(E) the credit union has met such additional requirements as the Board may prescribe, by regulation.". SEC. 103. GEOGRAPHICAL GUIDELINES FOR COMMUNITY CREDIT UNIONS. Section 109 of the Federal Credit Union Act (12 U.S.C. 1759) is amended by adding at the end the following new subsection: "(g) REGULATIONS REQUIRED FOR COMMUNITY CREDIT UNIONS. — 6»-lMO-98-2: QL3Part2

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