Ms. Kristina Ray, Administrator of N.C. Credit Unions kristina.ray@nccud.nc.gov
October 25, 2023
Dear Ms. Ray,
Thank you for your October 19, 2023 response. In our letter of October 9, 2023, we asked two questions:
Q: 1)
Is the N.C. Credit Union Division required by North Carolina law to
monitor and enforce compliance by state-chartered credit unions with
their bylaws?
Q: 2) May a N.C. state-chartered credit union adopt rules, policies and procedures which effectively amend its bylaws without approval by the NCCUD?
Your response on October 19, 2023 was as follows:
"Among other responsibilities, the North Carolina Credit Union Division (NCCUD) reviews North Carolina state-chartered credit unions ’bylaws for compliance with required information outlined in North Carolina laws, rules, and regulations. Each credit union’s bylaws contain procedures for requesting amendment approvals from the NCCUD Administrator. Additionally, some provisions within the standard form bylaws, which may be used by credit unions as guidance, allow for the credit union Board of Directors to adopt policies and procedures, as long as the membership is notified within a specified time frame before becoming effective. The Administrator approves or disapproves proposed bylaws amendments after a thorough review of the request. If you have additional questions relating to this matter, consult legal counsel."
✅ As laypersons, we are concerned that we may not fully understand your response. It seems clear that your answer to Q: 1) is "Yes" - is that correct? It would appear that you did not answer Q: 2).
Would you please clarify your answer for us: "Can a state-chartered
credit union adopt policies and procedures which amend its bylaws
without approval of the Administrator?"
Would
also ask why you continue to suggest that we hire legal counsel to
answer these questions? The N.C. Credit Union Division - and you as
Administrator, with the help of the Attorney General's Office - are the
parties designated by the State Legislature to interpret and enforce
State Statutes governing credit unions.
Look forward to your answer to a simple question first asked over 90 days ago.
Sincerely,
Jean and Jim Blaine
