"The Law Is the Public Conscience" - Thomas Hobbes
Beginning in 1915, the North Carolina Legislature has adopted laws to define the purpose, organization, and operation of credit unions [here's an easy outline of those State laws]. The citizens of North Carolina have determined by State law what a credit union may and may not do.
An individual North Carolina credit union may not "make up" its own laws and rules. The State Legislature has defined three layers of control to assure that North Carolina credit unions operate within the law.
✅ The first line of defense is the member-owners of the credit union:
§ 54-109.41/44. Authority of directors. The board of directors shall have the general direction of the business affairs, funds, and records of the credit union. Perform such other duties as the members from time to time direct, and perform or authorize any action not inconsistent with Articles 14A to 14L of this Chapter and not specifically reserved by the bylaws for the members
✅ The second line of defense is the North Carolina Administrator of Credit Unions:
§ 54-109.12 Duties of Administrator. In addition to any and all other powers, duties and functions vested in the Administrator of Credit Unions under the provisions of this Article, the Administrator of Credit Unions shall have general control, management and supervision over all corporations organized under the provisions of Article 14A. The Administrator of Credit Unions may prescribe rules and regulations for the administration of this Article, as well as rules and regulations relating to financial records, business practices and the conduct and management of credit unions,
✅ The third line of defense to assure our laws are upheld is the N.C. Credit Union Commission:
§ 143B-439. Credit Union Commission. The Credit Union Commission is hereby vested with full power and authority to review, approve, or modify any action taken by the Administrator of Credit Unions in the exercise of all powers, duties, and functions vested by law in or exercised by the Administrator of Credit Unions under the credit union laws of this State.
✔ What should North Carolina citizens do if protection under the rule of law breaks down in our State?
Hire a lawyer...! As citizens, aren't we already paying for "our defense"?
Sure sounds like the Board of Directors made sure that the members can not direct any duties for the board to perform. Are there any rights at all left to us members?
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