"M. h HG2037.H3r """""""■"'"'>' A credit union primer, 3 1924 013 776 103 ALBERT R. MANN LIBRARY New York State Colleges OF Agriculture and Home Economics Cornell University Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924013776103 A CREDIT UNION PRIMER An elementary treatise on Cooperative Banking, containing questions and answers concerning methods of organization and operation, necessary books and forms, suggested by- laws and the Credit Union Law of New York by ARTHUR H. HAM Director, Division of Remedial Loans Russell Sage Foundation and LEONARD G. ROBINSON General Manager, Jewish Agricultural and Industrial Aid Society Published by Division of Remedial Loans Russell Sage Foundation 130 East 22nd Street New York City. Copyright, 1914, by The Russell Sage Foundation CONTENTS Page Introduction 1 Questions and Answers 13 Books and Forms 28 Organization Certificate 35 By-Laws 37 New York Credit Union Law 68 PREFACE For a number of years the Russell Sage Foundation, through its Division of Remedial Loans, has been working to make it more and more possible for people of small incomes who find themselves compelled to borrow money for proper purposes to do so under reasonable conditions. It has tried to put an end to the iniquitous extortions of loan sharks. It has conducted a campaign of exposure through the public press ; in various states it has aided in preparing and securing the enactment and enforce- ment of laws to limit strictly the rates of interest and charges that may be made on small loans; it has helped in procuring the evidence necessary to ensure the conviction of loan sharks and to obtain adequate hearings in the courts on disputed questions of law. One of its main functions has been to foster the forma- tion in cities of remedial loan associations, whose object is to loan small sums at as low rates of interest and on as easy terms as may be compatible with a fair return on the capital invested. But when the loan shark is eliminated and agencies for loaning money on fair terms are established in all the cities the field will not be covered. An independent commercial agency which works for even a small profit must, in order to keep itself financially sound, carefully scrutinize the security offered to it and the responsibility of applicants for loans. The necessary investiga- tion is costly and the smaller the size of loans, the greater the comparative cost. For this and other reasons such agencies must charge from twice to four times the ordinary commercial rates for loans. Their relations to borrowers are also in the main merely commercial and impersonal. Many persons needing small loans cannot, therefore, afford to use them; nor can they give a borrower helpful advice and supervision as to spending his money. In Europe and Canada many associations for saving and loaning on a mutual, cooperative basis have been established and carried on for many years. These associations have been organ- ized to meet the needs of country districts as well as of cities. They are managed by officers and committees selected by the members themselves. These officials usually serve without pay. Their members being on the same economic plane, are well enough acquainted with each other to judge of the requirements and responsibility of those of their members who wish loans. They also require an applicant to tell the use to which the money will be put and they determine whether it is wise for him to borrow. Not only do they provide for their members a source of loans, but they are able to make very small loans at a low rate of interest and to regulate the time and method of repayment according to the needs of each case. On the other hand, they prevent borrowing for unwise purposes. More important still, they give practice in careful business administration, teach self- government on a democratic basis, and develop a community spirit. "Democracy financing itself is a matter of financial moment not alone for its first service but for the possibility it affords to collective industrial undertakings. In cooperative banking lies a source of enrichment, not only of material wealth but of character, and the education of the common man to the management and investment of a common trust."* There is no doubt that cooperative associations are the best agencies for dealing with the problems of small loans as well as those of thrift. It is of real social importance that cooperative loan and saving associations should be widespread. It is un- fortunate that in the United States only a few exist as yet. A most significant move was made by Massachusetts in 1909 when it enacted a law providing for the organization of such as- sociations with legal sanction and supervision under the name of "Credit Unions." This Primer owes much to the Massa- chusetts law. It has been prepared for the purpose of encourag- ing the formation of similar associations throughout this country and elsewhere, and of showing in detail the various steps, regula- tions and forms that are necessary to proper and sound business management. It is founded on the practice in Massachusetts but its authors have made use of their own experience and of all the information that they could get from other sources to provide the best possible model that can be devised at the present stage of progress. Their work has been most careful, thorough and com- prehensive. They are admirably equipped for such a work by both experience and study. Octob«'''l913'"'' ''''^"'"*'' '"' ^°''" ^- Mathews. Harper's Monthly Magazine. Ill Mr. Ham, as Director of the Division of Remedial Loans of the Russell Sage Foundation, has made a close study of small loan conditions in cities. His six years of work in this field for the Foundation have brought him a great fund of information and experience. To him is due the success that has been achieved. Mr. Robinson has been an effective pioneer. As general manager of the Jewish Agricultural and Industrial Aid Society he has for ten years been engaged in making loans to farmers in nearly every state in the union. He has acquired a wide knowledge of rural credit conditions and has succeeded in in- troducing small cooperative loan associations in a number of communities of Jewish farmers in the eastern states. Together the authors are largely responsible for the passage, in 1913, of the New York Credit Union Law. Recognizing the futility of a mechanical copying of cooperative credit systems of other countries they have suggested an elastic system which it is believed will prove itself adaptable to varying conditions in vari- ous parts of this country. The Primer will undoubtedly have a wide and important social effect. The Foundation is indebted to Mr. Pierre Jay, vice-presi- dent of the Bank of the Manhattan Company and former Bank Commissioner of Massachusetts; to M. Alphonse Desjardins, founder of the Canadian cooperative banking- system; to Mr. George I. Skinner, First Deputy Superintendent of Banks of New York, and to others who have given much valuable advice in the preparation of this Credit Union Primer. John M. Glenn, General Director of Russell Sage Foundation. INTRODUCTION. THE number of cooperative credit associations or Credit Unions now in existence in all parts of the world has been estimated to be more than 65,000, with a mem- bership approximating 15,000,000 and an annual business amounting to $7,000,000,000. Impressive as these figures are, they are less striking than the economic and social results which this form of coopera- tion has achieved wherever it has found a foothold. It has regenerated and accelerated agriculture, commerce and in- dustry. It has stamped out usury and raised millions of human souls from the depths of despair to lives of hopeful- ness and service. It has supplanted shif tlessness by industry ; improvidence by thrift; intemperance by sobriety; selfishness by neighborliness ; individual effort by concerted action — in fact, has proved to be one of the most potent moral, educational, and social forces in the history of civilization and in the enrichment of the life of the common people. Credit unionism originated in Germany in 1849. Fred- erick William Raiflfeisen and Franz Hermann Schulze-Delitzsch were the founders of the two systems of cooperative credit which are commonly known as the Raiifeisen system and the Schulze-Delitzsch system, respectively. All cooperative credit, wherever found, is patterned after one of these two systems. The United States Commission, which recently made an investigation of rural credit in Europe, reports the number of Raiffeisen banks in Germany on January 1, 1910, as 14,993 with a membership of 1,447,766. The loans outstanding on that date aggregated $452,749,961. The Commission estimates the total number of such banks in existence to-day in Germany to be 17,000 with a membership of 1,700,000. In 1911 the number of Schulze-Delitzsch banks was 1,051 with a membership of 671,589. Their total loans to members during that year reached the huge sum of $1,106,165,207. Italy was the second country to adopt the Credit Union. Ex-Premier Luzzatti introduced a modified Schulze-Delitzsch system into Italy in 1866 by creating the People's Banks, while Dr. Leone Wollemborg is responsible for the creation, in 1883, of Italian Rural Banks on the Raiffeisen plan. Austria followed in 1885. Ireland, under the inspiring leadership of Sir Horace Plunkett, has to-day over 200 cooperative banks. Cooperative credit was introduced into France in 1892. Russia has its Credit Unions; so has India. In 1909 Japan had 1,886 Credit Unions with a membership of 170,000. In Canada the first Credit Union was founded in 1900 by Alphonse Des jar dins, in the town of Levis, Province of Que- bec. Through his enthusiasm, energy and self-sacrifice, over ISO Credit Unions have been formed and are in successful operation in the Canadian Provinces.* Credit Unions of various types are also known to exist in many of the countries of South America. The wedge of credit unionism was driven into the United States by the enactment of the Massachusetts Credit Union Law in 1909. Since then legislation has been enacted in New York, Wisconsin and Texas. The Bank Commissioner of Massachusetts reported in 1913 the existence of 34 Credit Unions in urban communities in that state with a membership of 4,529 and a share capital of $120,284.48. They loaned to their members during that year a total of $146,740.53. The first Credit Union to organize under the New York law was the Speedwell Credit Union formed by the employes of the real estate firm of Bing & Bing, in New York City. This Union, formed in January 1914, has already obtained a membership of nearly 200 and has accumulated assets of $15,000. The first, and so far the only, Credit Unions to be formed among farmers in the United States were those organized by the Jewish Agricultural and Industrial Aid Society of New York. Under the spur of necessity and without waiting for legislative or other aid, that Society has orgjinized 18 Credit Unions since 1911 — eight in New York, five in New Jersey, four in Con- necticut, and one in Massachusetts. On September 30, 1913, they reported a membership of 547 and a total capital of $9,665. They had then been in operation for periods averaging about 13 months, during which time they loaned to their members $73,624.66, or eight times their capital. Although they charge *A detailed account of the operations of the Canadian Credit Unions will be found in The Cooperative People's Bank by M. Alphonse Desjardins, N. Y. Russell Sage Foundation, Division of Remedial Loans, 1914. only six per cent, annual interest upon loans their net profits up to that time aggregated $1,317.93 or at the rate of 13j4 per cent, per annum on their capital. However valuable the record of these Credit Unions may be as showing the possibilities of credit unionism in urban and rural communities and their adaptability to American conditions, it must be confessed that the figures taken by them- selves look pitifully small and insignificant when compared with those of other countries. Under present conditions in many parts of the United States if the farmer needs new machinery, live stock, draft animals or supplies to enable him to live until the time of re- turns from the harvest, he must buy upon credit at the deal- ers' prices or mortgage his farm. The absence of adequate credit facilities in some sections is one of the greatest draw- backs to the development of the land. The need of better credit facilities for the small tradesman to enable him to conduct his business more efficiently and for the wage-earner when he meets reverses, sickness or other urgent need, is fully demonstrated by the pernicious activity of the loan shark. One has only to glance at the records of small loan agencies to be convinced that by far the greater part of loans made, while they may be the indirect result of improvidence, are due to wants that are real and pressing. Not only is small borrowing often a legitimate and de- fensible procedure occasioned by emergency needs that lay a heavy hand upon the wage-earner but it frequently is a pru- dent act committed in the spirit of economy. It enables a man to buy in large rather than small quantities or for cash instead of upon the credit plan, which allows the instalment agency to reap an unconscionable profit at his expense. With the marked progress made by credit unionism abroad before it , the United States is just beginning to grasp the significance of this world movement while its agriculture suffers from the lack of adequate credit facilities, and the usurer grows rich in its cities. Is it not remarkable that while we have given to the world an object lesson in political, civic and religious cooperation, we should have to look to other countries for inspiration and guidance in economic cooperation? Not that we are destitute of economic cooperation — many cooperative enterprises both urban and rural have been launched in this country with a fair measure of success. True, their death rate has been high, but the student of European cooperation knows that even there failures have been numerous. Has the adoption of the Credit Union by this country been delayed because its functions are already performed by other institutions? If so, an attempt to add it to our complex financial machinery would be worse than useless. What are the agencies now in existence which make small loans and encourage savings, and how well do they fill the place of the Credit Union ? The great contribution of the United States to cooperative credit is the building and loan association. In August, 1913, there were over 6,200 local building and loan associations with a total membership of more than 2,500,000. Philadelphia alone has 1,000 associations with a membership of 475,000 and assets of over $200,000,000, making loans of $500,000 each week. The remarkable growth and phenomenal success of these institutions are the object of envy of European co- operators. In providing opportunity for home building they are performing a function of prime importance, but they do not supply that urgent, short-term personal credit which means so much to the man in need; and they cannot enter this field for their loans must be secured by real estate mortgage or shares, the paid-up value of which exceeds the amount of the loan. The remedial loan associations, which have come into existence during the last few years, furnish a satisfactory source of credit for the man who has personal property to pledge or mortgage. There are now 36 in the United States with a combined capital of over $12,000,000, and their number is rapidly increasing. They are usually joint stock companies formed not primarily for gain but to provide small loans to deserving borrowers at rates sufficient to pay the operating cost and a limited return upon the invested capital* They can justly lay V. 'v^^tTif *1°™ .°^ organization is that of the Provident Loan Society of New York, the largest remedial loan agency in the United States. The Societr was formed m 1894, as the result of efforts initiated by the Chariiy Or|anizatfon Society of New York to do a general pawnbroking business. It was incornorafed under special act of the lepslature as a membership^ corporation. Us capUal whi^ now amounts to $8,000,000, consists of S2 OM) nan Ii/m. „»ij E j """^S $6,000,000, certificate! 'of contribution upon which interest liS efceedinrsV ^^^ annum is paid. Membership in the corporation is limited ?o 100. The* Sode^'s claim to considerable educational work and many of their bor- rowers are benefited morally as well as materially by contact with them. They are doing a meritorious work and by their competition are rapidly forcing the loan sharks in many cities to reduce their rates or discontinue operations, but on ac- count of their business-like requirements their field is nec- essarily limited. They cannot loan to the man who does not possess the required security and because of their impersonal character they cannot efifectively attempt to encourage bor- rowers to become thrifty in order to provide in advance for the emergencies which led to their distress. For most people a savings bank account is the first step in accumulation. The present amount of deposits in savings banks, savings departments of national and state banks and trust companies, and postal savings banks cannot be less than $7,000,000,000. Two and a half billion dollars is held by the mutual savings banks of New York, Massachusetts and Con- necticut alone. That the savings banks have played an important part in promoting thrift is beyond question and their appeal has been considerably strengthened in the last year or two by the introduction of the "Christmas club" or "thrift club" plan under which regular weekly deposits, beginning with a few cents and in. creasing throughout the year, are accepted. At the end of the year the accumulated sum is returned to the depositor with small interest and may be deposited by him in a regular savings ac- count. The plan was employed last year by 1,000 banks, mostly in towns and small cities, which collected in this way over $40,000,000. The forerunner of the "Christmas Club" was the Penny Provident Fund, organized by the Charity Organization Society of New York in 1889 to receive savings of from one cent upward. Deposits are receipted for by stamps attached to a stamp card. No interest is paid upon deposits, but when a few dollars have been saved depositors are invited to open ac- counts in a savings bank where interest may be earned. More than 250 branch offices or stamp stations have been opened in certificates are becoming more widely held each year and are increasingly used as investments for philanthropic and educational institutions. There are now about 700 holders. Trustees of the Society receive no compensation for their services and no certificate holder may hope to receive any profit other than legal interest upon his contributions even in the event of dissolution, for surplus profits, which amounted on December 31, 1913, to $1,075,348, exclusive of real estate costing about $1,250,000, are an indivisible reserve and are to be distributed among charitable institutions at the discretion of the trustees. New York and other cities in and out of the state. By en- couraging small savings, particularly among children, the Fund has developed into a thrift agency of considerable importance. But in spite of the enormous growth of the fiscal agencies which aid people to become thrifty, it is apparent that the appeal to the thrift instinct has not yet been heard by thousands of people. Thrift is hardly to be termed one of the cardinal virtues of the native-born American, for he sees his immigrant fellow- citizen live in comfort on a wage that means deprivation for him. Many American wage-earners, who are now constantly borrowing from loan sharks at interest rates running as high as 500% per annum, would if accustomed to thrift be re- habilitated. Surely the man who can pay such charges out of in- come could, if so inclined, put aside a regular if small amount each week or month in provision for emergencies. Why has he not done so? It is because real thrift depends upon something be- sides the existence of a safe depository for surplus funds. In order to be thrifty many a man requires something more than agencies to receive his deposits and return them to him, when needed, intact with interest: he requires an agency which will make its hours of business conform to his convenience, which is conveniently located, which does not require him to stand in line for a long time awaiting his turn at the expense of his lunch hour and possibly of some of his employer's time : he requires an agency to which he is not ashamed to bring a dollar, fifty cents or even a quarter; an agency which once he has associated himself with it will constantly remind him of his resolution to save and which will reward his thrift by extending credit to him upon easy terms of repayment se- cured solely by his character and personal worth — credit which will enable him to effect economies in purchasing and em- bark in productive enterprises, and will protect him from the usurer. This is the field of the Credit Union. By its proximity and convenience it persuades the man who has not been reached by the savings bank to become thrifty, and this without in- terfering with the growth of ordinary banking institutions — instead it actually increases the field of the banks. It makes the accumulated capital available to the persons who assisted in its accumulation. It does not become a substitute for the building and loan association or the remedial loan society; instead it becomes a complement of these agencies, for the basis of the security for its loans is not collateral but character. Character is a recognized form of security. Most borrowers possess such security and are entitled to credit upon this basis, but to ascertain the credit to which they are en- titled requires a more or less intimate knowledge of their personal habits and of their financial and domestic situation. The customer of the commercial bank who desires a loan must furnish a statement of his assets and liabilities and informaltion upon the following points : annual business done and profits made ; relation of rent, salaries and overhead charges to gross profit; why the loan is desired ; whether previous loans have been obtained and why; and the number, kinds, and wages of employes. This information is supplemented by inquiries, through credit reporting agencies and the bank's own investigators, into the personal habits of the prospective borrower, his mode of living, his position in the community, the appearance of his place of business, the service which he renders his customers, the amount of advertising which he does, the manner in which he settles his accounts, his reputa- tion in the market from which he secures goods and supplies, the amount of his debts and of his quick assets. Similarly, an intimate knowledge of the personal char- acter and responsibility of the borrower of $25 or $50 must be obtained before a loan can safely be made to him. Such knowledge can be obtained by a commercial lending agency in a large city only at an expense which is prohibitive when either legal restrictions or the value of the money to the borrower are considered. Consequently such agencies making small loans of necessity require collateral security and, regardless of the need and apparent honesty of the applicant, cannot safely loan to him unless he can furnish personal property or other security in pledge or mortgage. Credit Unions are formed on the principle that a man's best asset is his own associates' estimate of him. Their advantage is obvious. They are composed of a small homo- geneous membership, mutually acquainted. Only those known to be honest and industrious are admitted to membership and loans are made only to such members as have a legitimate need for the money. The loan is further safeguarded, if of a 8 considerable size, by the endorsement of one or more feliow- members. Thus the cost of investigation to which the com- mercial lending agency is committed is largely eliminated and the abundance of security supplied is sufficient to attract savings deposits from members and enable the Credit Union to borrow when necessary on favorable terms from outside sources of capital. Cooperation therefore brings credit facilities within the reach of those who individually could not obtain them. Losses are reduced to a minimum, because each member is interested in every loan and the danger of a member defaulting or neglecting his obligations is decreased, not only because he is under the surveillance of other members, but because he knows that his fellow members would suffer. He is therefore not so likely to default in his payments as if he were dealing with an impersonal corporation or a philanthropic institution. As directors and committee members serve without compensation, the operating costs are confined to the cost of books and stationery, with sometimes, in the case of large Credit Unions, an honorarium to the person in active charge of the business. The Credit Union is the simplest form of cooperation and its operations are less intricate than the daily activities of the average farmer or housewife. Its success depends not so much upon the business ability and acumen of its members as upon their honesty and thrift, their willingness to assume per- sonal responsibility for and to act in sympathetic association with their fellows. In details Credit Unions differ somewhat in the various countries in which they have been formed. The Raiffeisen association places no importance upon share capital and obtains its funds by deposits and loans from outside sources through the unlimited liability of members. Wherever the law requires the issuance of shares they are of nominal value. After the usual dividends are paid from such profits as accumulate, the bal- ance is turned into an indivisible reserve fund. The purpose of the Raiffeisen association is to obtain loanable funds from any source for the aid of its members and members join for the sole purpose of obtaining credit. ^ The Schulze-Delitzsch organization aims chiefly to stimulate thrift among its members. At first associations of this type were formed upon the basis of unlimited liability, but many have since departed from that practice. A large proportion of their funds consists of withdrawable shares which have a much higher value than in other types (minimum, $30). Dividends are paid upon shares and in most instances the management is in the hands of paid officers. Like the Raiffeisen association deposits are accepted from non-members. The Luzzatti banks of Italy issue instalment shares of small value, the liability of each member being limited as a rule to a few times his holdings. As in Germany, the cooperative banks of Italy receive deposits from all who come. The Raiffeisen associations are more or less assisted by the government but the Italian banks are independent of government aid. The Canadian cooperative banks more nearly resemble the Italian type than the German types. The moderate-priced share with limited liability is used effectively in securing funds. Shares are payable in instalments and dividends are paid annually. Strong indivisible reserves are accumulated which, upon dissolu- tion, are to be devoted to some work of public utility. Unlike the Italian and German banks the Canadian associations deal only with members. Their founder believes that no government aid should be accepted except in the nature of liberal laws. Ex- penses of operation are small as the manager alone receives compensation. Committee members who have charge of loans may not borrow. The tendency to allow undeserved credit to officers in European associations led the Canadian banks to prohibit the practice entirely. The Quebec statute (the only law authorizing cooperative credit associations in Canada) insists upon local control, permitting no branch system or centralization, which is a distinctive feature of the movement in Europe. The type of Credit Union herein proposed resembles the Canadian type in many particulars. Deposits are accepted from and loans made to members only. The shares are withdrawable, of small value, payable in instalments and are to receive dividends. A reserve is to be built up from profits, fees and fines. Liability of members is limited to the amount of shares which they own or to which they have subscribed. Unlike the Canadian associations however they may make loans to officers and com- mittee members upon the approval of a majority of all the mem- 10 bers and the reserve fund may, in the case of dissolution of the Credit Union, be divided among its members. Volunteer serv- ice is to be relied upon for the conduct of affairs except in the case of large Credit Unions where a nominal compensation is recommended for the treasurer or other executive officer. The observer of the wonders that have been wrought by- Credit Unions among farmers and wage-earners abroad should not fall into the error of believing that it is cheap credit alone that is responsible. An essential condition of any system of credit for any class is fair and adequate responsibility and the important thing about the Credit Union is that it is con- trolled and operated by the members in their own interests, that it deals only with its members and each is responsible for its success or failure. It is important that small borrowers should be able to obtain loans without undue difficulty and at a low interest rate, but this does not justify the suggestion of governmental loans in this field which would substitute paternalism for initiative and self-help. The Credit Union not only inculcates and stimulates the habit of making small savings and renders the capital thus accumulated available to those who assisted in its accumulation but, to quote M. Desjardins : "It teaches its members how capital is managed, safeguarded and multiplied by useful employment ; it teaches business methods, self-government and self-reliance and thereby makes its members better citizens; it transforms moral qualities into valuable assets and brings to the industrious and thrifty man a higher reward than wages — the confidence of his fellow-citizens." Surely there is room in this country for such a beneficent agency. It is frequently said that the United States offers an unfavorable field for the Credit Union for the reason that Americans are strongly individualistic and incapable of cooperative endeavor and also because of the instability of their occupations and residence. But no country has ever wanted it at first or felt that its own peculiar conditions furnished a favorable field. Fixity of population is desirable for the formation and suc- cessful operation of Credit Unions and there is reason for believ- ing that a large part of our population has the fixity necessary for such purposes. The brief experience already gained in the United 11 States indicates that the desired elements are to be found in agricultural districts; in labor, religious and fraternal organiza- tions ; and in industrial and mercantile establishments.* Though Credit Unions should stand upon their own feet and receive no benevolent assistance from governmental or other sources, it is important that the state should protect them by enacting constructive laws requiring them to organize under the supervision of a competent authority and to operate in accordance with principles that have proven to be safe and wise. The employer who realizes the evil effects of the loan shark system, which saps the moral fibre of his men, may assist by ceasing to discharge men who have borrowed money upon their wages. Such a custom accomplishes nothing except to make employes preferred risks for the loan shark, for it gives him an additional hold upon them. The employer should en- courage his employes to form Credit Unions which, owned and managed entirely by themselves, will cultivate self-respect and knowledge of business methods and will become powerful agencies for thrift and efficiency. The questions and answers, instructions, by-laws, forms and records which follow are intended to serve as a guide to persons who desire to form Credit Unions. There is no reason why the plan suggested should be adopted in detail if peculiar circumstances suggest modifications, for the Credit Union has a wide range of adaptability. The type is not of great im- portance provided the fundamental cooperative principles are adhered to. *In addition to the Credit Unions already in successful operation here, there have been formed among the employes of many large corporations in recent years associations of various types designed to encourage thrift and extend credit based largely upon character. Though there are among many of these agencies varying degrees of difference from the fundamentals of the Credit Union in respect to democracy of administration and equality as to profits, they afford convincing evidence of the availability of the field for the Credit tJnion. Among the most successful of these agencies and those most nearly resembling the Credit Union are the Savings and Loan Association of the Celluloid Co., Newark, N. J., and the Deposit and Loan Bureau of William Filene Sons' Co., Boston, Mass. Another successful agency is the Mutual Investment Association of the Postal Telegraph Company. For a detailed account of the operations of these and similar agencies, see "Remedial Loans — A Constructive Program" (By Division of Remedial Loans, Russell Sage Foundation, January, 1912}, and Marcosson, I. F., "The Wage Earner as an Investor" (In Saturday Evening Post, pp. 10-12, 33-34, April 25, 1914). 13 QUESTIONS AND ANSWERS. What is a Credit Union? A Credit Union is a cooperative association whose objects are: 1. To promote thrift among its members. 2. To provide its members with credit facilities. What are the functions of a Credit Union? 1. It encourages thrift by providing a safe, convenient and attractive medium for the investment of the savings of its members through the purchase of shares and the making of savings deposits. 2. It promotes industry by enabling its members to bor- row for productive and other beneficial purposes. 3. It eliminates usury by providing its members, when in urgent need, with a source of credit at reasonable cost, which they could not otherwise obtain. 4. It trains its members in business methods and self- government, endows them with a sense of social responsibility, and educates them to a full realization of the value of co- operation. What are the basic principles of cooperative credit or credit unionism? The principles of credit unionism are : 1. Equality. All members share equally in privileges and ratably in profits. 2. Democracy. The one-man-one-vote principle is funda- mental. Each member has but one vote irrespective of the number of shares he may hold. Where and by whom may a Credit Union be organized? Any number of persons may combine to organize a Credit Union, in a city, town or rural community. In states that have Credit Union legislation a certain number of the incorporators must be citizens of the United States and of the state. Where a Credit Union is organized as an unincorporated or voluntary association this is not necessary. 14 What must be the basis of membership in a Credit Union? The basis of membership in a Credit Union must be some common bond or community of interest. This may take a number of forms. It may be a neighborhood. It may be common occupation, employment by the same establishment or membership in the same church, club, lodge, labor union or other organization. In rural communities the church, parish, school district or local grange furnish a satisfactory foundation for membership. What should be the qualifications for membership? 1. Identification with the basic unit upon which the Credit Union is founded — the church, the club, the business establish- ment, etc. 2. Good moral character and a reputation for honesty, sobriety and industry. Should membership be limited? Any limitation of membership within the group adopted as the basic unit is wrong in principle. It creates close corporations and cliques. It violates the cardinal rules of cooperation and credit unionism. Is the large or the small Credit Union to be preferred? The small Credit Union has many advantages over the large. One advantage lies in the intimacy among members which enables them to know one another's character, reputation and needs, and tends to increase the safety of the loans. Another advantage is the encouragement given each member to take an active interest in the management of the Credit Union. How may a small Credit Union be organized within a large group? Large numbers of men employed in one establishment or organization are usually divided into departmental or divisional groups. These groups may be taken as the basic units for the organization of Credit Unions. This is true of department stores, railroads and most establishments in which large numbers are employed. These groups may be federated to good advantage, but the individual Credit Union should not be so large as to become unwieldy. The smallest workable unit is about 25. 15 What constitutes the capital of a Credit Union? The capital of a Credit Union consists of the funds paid in upon shares by members and unpaid dividends credited thereon. Should the issue of shares be limited? There should be no limit to the issuance of shares by a Credit Union in order that new members may be admitted at any time and that old members may have an opportunity to buy additional shares. Should the number of shares that may be held by one mem- ber be limited? As each member has but one vote no member or minority group of members can control the Credit Union, but it is possible for one or more members, if allowed to hold a large proportion of the shares, to influence unduly the policies of the Union. For this reason it may be wise to place a reasonable limitation upon the number of shares that each member may hold. What should be the par value of a share? It is desirable to fix a low par value of shares so that no eligible person shall be deprived of membership and that no member shall be deprived of the full privileges of membership. A par value of $5 is recommended. Members should be en- couraged to purchase from time to time as many shares as they can afford. Should shares be issued on the instalment plan? It is important to provide for payments on account of shares in weekly or monthly instalments, especially if the par value of the shares exceeds $5. Should an entrance fee be charged? It is advisable to charge an entrance fee : 1. In order to defray the organization expenses of the Credit Union without impairing its capital. 2. In order to enable the Credit Union the more readily to accumulate a substantial reserve fund. 3. In order to make provision for the admission of new members upon an equitable basis when the book value of shares is in excess of their par value. 16 What should be the amount of the entrance fee? The entrance fee should be nominal. A minimum of $0.10 a share is recommended on the basis of a par value of $5. This fee may be variable and should b? determined annually. Should shares be transferable? Preferably, shares should not be transferable. But if the Credit Union so chooses, shares may be transferred from one member to another, upon the payment of a transfer fee which should be fixed in the By-Laws. It is advisable to create such restrictions as will discourage frequent transfers. Should shares be withdrawable? Since shares cannot be transferred, except to members, and then only under certain restrictions, they should be made with- drawable at any time under the following conditions: 1. Thirty days' written notice of intention to withdraw. 2. Withdrawals to be paid in the order of their filing and as funds therefor become available. 3. A member who has filed notice of his intention to with- draw to exercise no privileges of membership, although his shares continue to participate in profits until redeemed. 4. A withdrawing member should be entitled to the book value of his shares. What funds in addition to its capital may a Credit Union have? In addition to the funds realized from the sale of shares to its members, a Credit Union may also accept the savings de- posits of its members and may borrow from members and others. Why should deposits be accepted? The reasons for accepting deposits are : 1. To provide members with a medium for saving on a preferred and therefore a safer basis than shares and on a slightly more remunerative basis than deposits in ordinary sav- ings banks. Shares represent periodic savings for distant ex- penditures; deposits are regular or irregular savings for more immediate needs. 2. To provide additional funds in order that more liberal credit facilities may be extended to members. 17 What rate of interest should be paid on deposits? The rate of interest paid on deposits may be variable and should be fixed at regular intervals. It should not, however, exceed by more than one per cent, per annum, the rate paid by the savings bank in the vicinity.* Deposits should draw in- terest from the beginning of each calendar month, but interest should be paid quarterly. When should a Credit Union borrow? The reason for borrowing by a Credit Union is to enable it to meet the credit demands of its members. Borrowing is an emergency measure and should be employed only when absolutely necessary. Where Credit Union legislation exists, the borrowing power is regulated by law, but the conditions under which a Credit Union may borrow should always be set forth explicitly in the By-Laws. It is best to leave all borrowing to. the decision of the members at a general meeting who should authorize each loan before it is made. How should the funds of a Credit Union be employed? Except for the Guaranty Fund, which the law may require to be invested in a particular manner, the funds of a Credit Union are primarily to be used for the purpose of making loans to members. Surplus funds should be deposited in banks or in- vested in prime securities.** Who may borrow? All members in good standing, with the exception of the Board of Directors, Officers, and members of the Credit Com- mittee and Supervisory Committee, should be eligible to borrow. Though members alone may borrow, the single share which a member must hold is of nominal value. The requirement there- fore involves no hardship. Should Directors, Officers, and members of Committees be allowed to borrow? In Massachusetts this is expressly prohibited by law. In New York it is permitted under certain conditions. As a gen- *It should be borne in mind that the depositor is also a shareholder and, as soch. participates in profits realized by the Credit Union. After setting aside a portion to the Reserve Fund, profits are distributed among the shareholders as dividends. **The New York law limits investments to loans to members and deposits in banks. 18 eral rule, it is advisable to elect officers who can do without loans, if the Credit Union is large enough to permit of this being done. Otherwise, it is well, if the law permits, to make provision in the By-Laws for such loans to be made with the approval of the members at a general meeting. For what purposes should loans be granted? Credit may serve a useful purpose or it may do harm. It is a fundamental principle of credit unionism that loans shall benefit and not injure the borrower. Furthermore, a loan that is of no benefit to the borrower is likely to be an unsafe investment. It is essential, therefore, that a Credit Union should loan only for productive purposes, purposes that will effect a saving, supply an urgent need or that will other- wise prove of benefit to the borrower ; that the purpose of a loan be known and approved before it is made. For that reason ap- plications for loans should be made in writing and should state specifically the purpose for which the money is needed. Should loans be limited in amount? It is well to limit the amount of the loans to each member for the sake of safety, and in order that the funds available for loans may be equitably distributed among members. The maxi- mum amount of the loan may bear some relation to the capital of the Credit Union or may be a fixed sum. There is no necessity for a minimum. On the contrary, small! rather than large loans should be encouraged. What rate of interest should be charged on loans? As a matter of principle the interest charged on loans should be no greater than is required to pay the operating cost, a moderate rate of interest on deposits, to provide for a reasonable reserve or guaranty fund, and to pay a moderate dividend on shares. It is well to fix the maximum interest rate in the By- Laws. This rate should as nearly as possible approximate the banking rate of interest. In New York the maximum rate of interest that a Credit Union may charge is 12% per annum. Care should be taken that the total charges upon loans do not exceed the maximum allowed by law. 19 What should be the maximum length of time for which loans are made? The By-Laws may fix a general maximum, but the time of individual loans should be fixed by the Credit Committee with due regard for the nature of the employment in which the mem- bers are engaged, their ability to repay, and the objects for which loans are made. A maximum of one year should be sufficient even though it may be necessary at the expiration of that time to renew a portion of the loan. How should loans be repaid? Loans should be repaid in weekly or monthly instalments or in a single sum. This is to be determined in each instance by the Credit Committee. How are loans secured? Ordinarily the security that a Credit Union demands for loans is the promissory note of the borrower with one or more endorsements', supplemented by a lien upon the borrower's shares and deposits in the Credit Union. The requirement of endorsements may be waived in some cases if the loan is for a small amount. Large loans may also be made to members upon security of mortgage of real or personal property, but unless the Credit Union has an abundance of funds, preference should be given to the smaller loans. Who may endorse? As a rule members only should be accepted as endorsers. In exceptional cases non-members may be permitted to endorse for members. In either case the endorsers must be acceptable to the Credit Committee. Is such security ample? As the plan upon which Credit Unions are organized pro- vides a basis of acquaintanceship and knowledge of each mem- ber's character and reputation, it is assumed that no loan will be made until the Credit Committee is possessed of all necessary information regarding the borrower and his endorsers, and the purpose of the loan. The mutual responsibility of members and their self-interest will cause such watchfulness over loans as to make the possibility of loss remote. This has been the uniform experience of Credit Unions. 20 May additional security be required? The Credit Committee may, if it deems it necessary, require additional security upon any loan in the form of additional endorsements, a mortgage or other collateral. What income has a Credit Union? A Credit Union has two kinds of income : 1. Reserve income. 2. Ordinary income. What is the reserve income? The reserve income consists of entrance or initiation fees, transfer fees, fines, and similar forms of income which do not appear in the profit and loss account, but which, after the pay- ment of organization expenses, are carried directly to the Guaranty Fund. What is the ordinary income? The ordinary income consists of interest received on loans and income from investments or deposits made by the Credit Union. The ordinary income constitutes the gross profits of the Credit Union. What are the net profits? The net profits consist of the gross profits after deducting interest paid or accrued and unpaid on loans and deposits, ex- penses, and losses.* How are net profits distributed? The net profits of a Credit Union are distributed as follows : 1. A certain percentage is set apart to the Guaranty Fund. This percentage is fixed by law where Credit Union legislation exists, otherwise it should be fixed in the By-Laws. Generally 25% is set aside in this way until an adequate Guaranty Fund is accumulated. 2. Such part of the balance as may be decided upon may be distributed as dividends among the shareholders. 3. The balance remaining is carried as surplus, or undivided profits. *Under the New Ywlt law losses may be charged to the Guaranty Fund so that only when losses exceed the Guaranty Fund need they be deducted from iross profits. * 21 What is the pufpose of the Guaranty Fund? The Guaranty Fund provides protection for depositors and other creditors of the Credit Union as well as protection for shareholders in the event of losses. The Guaranty Fund is the property of the Credit Union and no share in it may be claimed by any member except upon the dissolution of the Credit Union. When are dividends declared? Dividends, as a rule, are declared annually at the end of the fiscal year. Should the rate of dividends he limited? Credit Unions organized in states which have not definitely limited the charges upon loans to a reasonable rate should fix a maximum dividend rate in the By-Laws in order that there may be no incentive to increase unduly the cost of loans to borrowing members. This is not so important in the State of New York for the law limits the charge upon loans to 12% per annum. What is the fiscal year? The fiscal year is the financial year. It may be the calendar year as under the New York Credit Union law, or it may be from November 1st to October 31st, as is the case under the Massachusetts statute. Where there is no statutory provision, the fiscal year may be any 12 months, but the calendar year is always to be preferred. Where does the control of a Credit Union rest? The absolute control of a Credit Union lies in its member- ship. Though many powers are delegated to Directors, Officers and Committees, the members may always reverse their decisions. How often should members meet? Members may meet as often as they choose but they should meet at least once a year. Meetings not prescribed in the By- Laws are special meetings. Those so prescribed are regular meetings. When is the Annual Meeting to be held? The Annual Meeting should be held once a year within a reasonable time after the close of each fiscal year. The date of the Annual Meeting should be fixed in the By-Laws. 22 What is the purpose of the Annual Meeting? The purpose of the Annual Meeting is to receive the re- ports of the Directors, Officers, and Committees for the pre- ceding year ; to take action upon such reports ; to elect Directors and Committees for the current year, and to transact such other business as may properly come before it. What should be a quorum at a members' meeting? The holding of a meeting should not be made difficult by requiring too large a number of members for a quorum. A majority of the membership is a satisfactory number for a quorum. What should be the order of business at regular meetings? The order of business should be as follows: 1. Roll Call. 2. Reading of the Minutes of the preceding meeting. 3. Report of President. 4. Report of Treasurer. 5. Report of the Credit Committee. 6. Report of the Supervisory Committee. 7. Unfinished business. 8. New business. 9. Adjournment. What should be the method of voting at members' meetings? Voting may be by ballot or by any other method that the members may at the time determine. But each member should have but one vote and no voting should be by proxy. Is there any limit to the powers that may be exercised by the members? Within statutory provisions and in conformity with the By- Laws, there is no limit to the powers that the members may exercise. They may review the acts and reverse the decisions of the Board of Directors, recall any Director, Officer or member of any Committee, and adopt such rules and regulations for the conduct of the Credit Union as they may see fit. Where does the direct management of a Credit Union rest? The direct management rests in the Board of Directors, Officers, Credit Committee, and Supervisory Committee elected at the annual meeting. 23 What should be the number of Directors? In states which have enacted Credit Union legislation the minimum number of Directors is usually fixed by law. Whether the number of Directors should exceed the minimum required depends upon the size of the Credit Union. If the membership does not exceed 50, the number of Directors need not exceed five. In larger Unions the number may be increased to seven, nine or even more. What are the duties of the Board of Directors? The Directors have the general management of the affairs of the Credit Unjon. Unless otherwise provided in the By-Laws it is their duty to act upon applications for membership and ex- pulsion of members, to fix the surety bond of the Treasurer, to determine the rate of interest on loans and deposits, to declare dividends, to recommend amendments to By-Laws and to fill vacancies in their own membership until the election and qualifica- tion of successors. What are the Officers of a Credit Union? The Officers usually consist of a President, Vice-President, Treasurer, and Secretary. These are ordinarily elected by the Board of Directors out of their own number at a meeting held immediately after the Annual Meeting of the members. In small Credit Unions there is an advantage in permitting the offices of Secretary and Treasurer to be held by one member. What are the duties of the Credit Committee? The Credit Committee has complete charge of the loans made to members. It determines the security upon which each loan shall be made and fixes the terms of its repayment. In small Credit Unions, particularly in rural communities, it is sometimes advantageous to allow the Board of Directors to act as the Credit Committee. What are the duties of the Supervisory Committee? The Supervisory Committee audits the books, inspects the securities, cash and accounts of the Credit Union, and supervises the acts of the Board of Directors, Credit Committee and the Officers. 24 Should the Officers be remunerated for their services? No Director or Officer and no member of any Committee, as such, should receive remuneration for his services. If the Secretary, Treasurer, or other Officer acts as Executive Clerk or Business Manager of the Credit Union, he may, if the mem- bers so decide, receive some compensation, but such compensa- tion should be nominal. Large Credit Unions may find it nec- essary to employ a paid Manager or Clerk to assist the Treasurer or executive officer but the need for such an outlay will be the exception rather than the rule. Why should not Officers, Directors and Committees he compensated? Cooperation, which is the basis of credit unionism, means mutual assistance. If loans are to be made at reasonable rates, interest on deposits kept up to or slightly above the savings bank rate, dividends paid upon shares, the credit of the Union established and maintained — in short, if the Credit Union is to perform the service for which it is intended, its operating ex- pense must be kept at a minimum. Experience shows that mem- bers who have been honored by their fellows by election to the Board of Directors or to one of the Committees are willing to devote a reasonable amount of time to the affairs of the Union without thought of compensation. Is special legislation necessary in the organization of a Credit Union? Legislation is not indispensable. The Credit Unions among the Jewish farmers in the United States were organized and still operate as voluntary or unincorporated associations. However, legislation is desirable for the sake of uniformity in organiza- tion and operation and in order that Credit Unions may receive adequate supervision and guidance. Is the organization of a Credit Union difficult? The organization of a Credit Union is extremely simple. Where there is no special legislation all that is needed is to follow the few fundamental principles of credit unionism, but in states which have enacted Credit Union laws, the organization of a Credit Union is more or less technical. Not only must the pro- 25 visions of law be adhered to, but the rules and regulations laid down by the Banking Department of the state, which generally has charge of this matter, must also be followed. What is the first essential in organisation? The first essential is leadership. The chances of success are greatly enhanced if an energetic and upright man will undertake the actual work of organization. The history of credit unionism shows the importance and great value of capable, enthusiastic leadership. This applies not only to organization but also to operation. Unless trustworthy and efficient officers are chosen the Credit Union is not likely to succeed. What is the procedure in organization? The organization of a Credit Union ordinarily requires the holding of three meetings — the preliminary, intermediate and final organization meetings, but where the law or the regulations of the Banking Department do not provide to the contrary, any two, or even all three of these meetings may be combined into one. How is the preliminary organization meeting to be conducted? The following should be the order of business of the preliminary organization meeting: 1. Statement of the purpose of the meeting. (See page 32 for form of minutes). 2. Election of temporary Chairman and Secretary. 3. General discussion. 4. Adoption of resolution to form a Credit Union. 5. Election of Committee on Organization to draft Articles of Incorporation and By-Laws. 6. Setting date for the intermediate organization meeting. What steps should be taken by the Organization Committee between the preliminary and intermediate organization meetings? The Organization Committee should at once draft the Articles of Incorporation and By-Laws. In states where Credit Union legislation exists, application should be made to the Bank- ing Department for blank form of Articles of Incorporation and suggested form of By-Laws and the drafts when completed should be submitted to the Banking Department for preliminary 26 approval before the intermediate organization meeting is held. (Specimen Articles of Incorporation — Organization Certificate — and By-Laws will be found on pages 35 to 46). How is the intermediate organization meeting to be conducted? 1. A temporary Chairman and Secretary should be elected. (See page 33 for form of minutes). 2. Report of the Organization Committee. 3. Adoption and signing of Articles of Incorporation. 4. Adoption of By-Laws. 5. Election of Directors. 6. Election of the Credit Committee. 7. Election of the Supervisory Committee. 8. Adoption of resolution authorizing the Organization Committee to take the necessary steps to obtain a charter or certificate of authorization. Where Credit Union legislation exists the beginning of operations must await the granting of the charter or authoriza- tion certificate. In states which have no Credit Union laws and the Credit Union is formed as a voluntary association, organiza- tion may be completed and operations begun at once. How is the final organization to be conducted? 1. A temporary Chairman and Secretary should be elected. (See page 34 for form of minutes). 2. Report of the Organization Committee. 3. Fixing of entrance fee and other fees not fixed by By- Laws or left to the discretion of the Board of Directors. 4. Election of additional members. 5. Adoption of resolution authorizing the Directors, the Credit Committee and the Supervisory Committee to perform all acts necessary for the proper conduct of the Credit Union. Immediately after the adjournment of the intermediate organization meeting, each member of the Board of Directors and each member of the Credit Committee and of the Super- visory Committee should take such oath of office as is prescribed by the law under which the Credit Union may be organized.* * No form of oath is suggested as it is advisable for Credit Unions to apply to the Banking Department or other supervisory state authority for authorized form. 27 Such oath should be certified by an officer authorized by law to administer oaths, such as a Justice of the Peace or a Notary Public, and should be immediately transmitted to the Superin- tendent of Banks. A similar oath should be taken immediately after the adjournment of the first meeting of the Board of Directors by the Officers elected at that meeting. When is the first meeting of the Board of Directors to be held? The first meeting of the Board of Directors should be held immediately after the adjournment of the final organization meet- ing. It is to be conducted somewhat as follows : 1. Election of officers. (See page 47 for form of minutes). 2. Fixing the amount of the Treasurer's bond. 3. Fixing the rate of interest on loans and deposits. 4. Fixing the entrance fee and other fees not fixed in the By-Laws or by the members. 5. Election of new members. 6. Adoption of books of account and forms for the con- duct of the business of the Credit Union. When is the first meeting of the Credit Committee to be held? The first meeting of the Credit Committee should be held as soon after the final organization meeting as convenient. It should be conducted somewhat as follows : 1. Election of a permanent Chairman who shall also act as Secretary. (See page 48 for form of minutes). 2. Adoption of plans and suitable forms for the conduct of the business of the Committee in accordance with the By-Laws. 3. Consideration of applications for loans. When is the first meeting of the Supervisory Committee to be held? The first meeting of the Supervisory Committee should be held as soon after the final organization meeting as convenient. It should be conducted somewhat as follows: 1. Election of a permanent Chairman who shall also act as Secretary. (See page 49 for form of minutes). 2. Adoption of plans and suitable forms for the conduct of the business of the Committee in accordance with the By-Laws. 28 BOOKS AND FORMS. The following books and forms are needed for the proper conduct of a Credit Union: 1. Application for membership. 2. Subscription for shares. 3. Certificate of shares. 4. Membership book. 5. Meeting notices. 6. Minute books. a. Members' minute book. b. Minute book of Directors. c. Minute book of Credit Committee. d. Minute book of Supervisory Committee. 7. Pass book. 8. Deposit slip. 9. Check book. 10. Bank book. 11. Loan application. 12. Promissory note. 13. Tickler book. 14. Interest table. 15. Cash book. 16. Individual and general ledgers. 17. Report and financial statement. 1. APPLICATION FOR MEMBERSHIP. This application form should be filled in by all who apply for membership. It should be made out in ink and all names written in full. All applications of elected members, in their numerical order, should be pasted in the membership book. Rejected applications should not be numbered, but should be filed and retained for future reference. In the case of charter members, the blanks opposite "Pro- posed by" and "Seconded by" need not be filled in. 29 APPLICATION FOR MEMBERSHIP. No.. THE -CREDIT UNION. I hereby apply for membership in the- (Date) Credit Union and agree to subscribe for at least one share in the said Credit Union at a par value of $ ..and do further agree to abide by the condi- tions prescribed in the By-Laws of the... - - Credit Union. Name Residence Date of birth Married or single — By whom employed... Where employed In what capacity How long in present position Proposed by ■■.- Seconded by — Elected (date) (Signed) Secretary. 2. SUBSCRIPTION FOR SHARES. THE CREDIT UNION. (Date) I hereby subscribe for — -( ) shares in the... Credit Union of the par value of $ payable — share. Member's No. (weekly or monthly) Shares previously subscribed for... Shares wholly paid for - Approved Date Treasurer. ■instalments of per {Signature) 30 3. CERTIFICATE OF SHARES. Having been elected to membership by the Board of Di- rectors and having become the owner of one or more shares, each member should receive a Certificate of Shares signed by the President and Secretary. The certificate is to be retained by the member as evidence of his membership and ownership of shares and must be surrendered when he borrows from the Credit Union. Whenever a member withdraws a part of his paid up shares or becomes the owner of additional shares a new certifi- cate should be issued to him and the old one destroyed. Certificates should be numbered consecutively. They should be printed upon small cards of good quality and thickness. CERTIFICATE OF SHARES. Transferable only to qualified members. No The Credit Union. This certifies that — is the owner of — shares, par value $ each, in The Credit Union in the city of , state of , and has been duly elected a member thereof. 191 President. Secretary. 4. MEMBERSHIP BOOK. Any ordinary bound book containing an alphabetical in- dex at the beginning, will serve as the membership book. The full names of all members should be listed alpha- betically in the index and their applications pasted in the mem- bership book in numerical order. The membership book serves as a permanent record of each member, including his signature. It should be in the custody of the secretary who is responsible for its safe keeping and whose duty it is to keep it up-to-date. 31 5. MEETING NOTICES. NOTICE OF REGULAR MEETING. The Credit Union. The Annual Meeting of the members of the Credit Union will be held on the of , 191, (day) (.month and year) at M sharp at (hour) (street and number) You are urgently requested to be present. By order of the President. Secretary. NOTICE OF SPECIAL MEETING. The Credit Union. A special meeting of the members of the Credit Union will be held on , the of 191 at M, at for the purpose of You are urgently requested to be present. By order of the President. Secretary. 6. MINUTE BOOKS. a. Members' Minute Book. The Members' Minute Book should be in the custody of the Secretary, and should contain a permanent record of the proceedings of all meetings of the members. For the purpose of roll call, it should contain on the first pages a list of all the members in the order in which they were admitted to mem- bership. It should also contain the minutes of the organiza- tion meetings, including a true copy of the Articles of In- corporation and By-laws. A printed copy of the law, if any, under which the Credit Union is organized should be attached to the inside cover of the members' minute book for reference. 32 FORM OF MINUTES. Preliminary Organisation Meeting. , , 191- The preliminary organization meeting of the- Credit Union was held on , 191 , at- o'clock P. M., at the residence of at — The following were present: (Insert in full the names of all present) The meeting was called to order by who outlined the objects of the meeting and pointed out the benefits which the or- ganization of a Credit Union would confer upon the (employees, members, residents, etc.) of — On motion, was duly elected Temporary Chairman of the meeting and was duly elected Secretary. Following a general discussion it was voted, on motion duly made and seconded, to proceed with the formation of a Credit Union. Upon motion made and duly seconded, it was voted to proceed to the election of a Committee on Organization and to authorize such committee to draft Articles of Incorporation (or Organization Certifi- cate)* and By-Laws and to act for the Credit Union until organization is effected. Thereupon — , and .were duly elected a Committee on Organization. It was voted to hold an intermediate organization meeting on at o'clock P. M. at which time a report of the Organization Committee will be submitted. There being no further business, the meeting adjourned at o'clock P. M. Secretary. •Blank form of Organization Certificate may be procured from the Banking Department in states having Credit Union laws. Suggested form of Organization Certificate and By-Laws which have been approved by the Banking Department of New York will be found on pages 35 to 46. 33 Intermediate Organization Meeting. .., 191- The intermediate organization meeting of the Credit Union was held on ...., 191 at •••- — o'clock P. M. at the residence of - - - _.. The following were present: (Insert in full the names of all present) The meeting was called to order by - , Chair- man of the Organization Committee. On motion duly made and seconded it was voted that should serve as Chairman of the meeting, and as Secretary. The Chairman of the Organization Committee submitted a draft of Articles of Incorporation (Organization Certificate) and By-Laws, which he reported had been first submitted to the Banking Department and its preliminary approval obtained. After discussion, upon motion duly made and seconded, the Articles of Incorporation (Organization Certificate) and the By-Laws, as recommended by the Organization Committee were adopted and signed by all the incorporators. On motion duly made and seconded, it was voted to proceed to the election of five Directors as provided in the By-Laws and , ._ and were thereupon elected Directors to serve until the next annual meeting of the members, or until their successors are elected and have qualified. Upon motion duly made and seconded it was voted to proceed to the election of a Credit Committee of five members and a Supervisory Committee of three members as provided in the By-Laws -, -were regularly elected members of the Credit Com- mittee and , , and were regularly elected members of the Supervisory Committee to serve until the next annual meeting of the members, or until their successors are elected and have qualified. It was voted to authorize the Organization Committee to proceed to obtain from the Banking Department a Certificate of Authorization and to complete the organization of the Credit Union. The meeting then adjourned at o'clock P. M. Secretary. 34 Final Organisation Meeting. , 191 The final organization meeting of the Credit Union was held on .— , 191 at o'clock P. M. at the residence of — , > The following were present: {Insert in full the names of all present) The meeting was called to order by — , Chair- man of the Organization Committee. On motion duly made and seconded it was voted that- should serve as Chairman of the meeting and that should serve as Secretary. The Chairman of the Organization Committee reported that the Bank- ing Department had approved the Organization Certificate and the By- laws adopted at the last meeting and had issued to the Credit Union a Certificate of Authorization. Upon motion duly made and seconded it was voted that the Organi- zation Certificate, By-Laws and Certificate of Authorization become a part of the minutes of this meeting. Upon motion duly made and seconded it was voted that the entrance fee which the By-Laws provide shall be paid by each member, shall be for each share issued and that the transfer fee which the By-Laws provide shall be paid upon the transfer of shares from one member to another, shall be The meeting then proceeded to elect the following additional members. Proposed by Seconded by On motion duly made and seconded, it was voted that the Board of Directors, Credit Committee and the Supervisory Committee be authorized to do and perform all acts in conformity with the law and the By-Laws necessary for the proper conduct of the —■■■Credit Union. There being no further business the meeting adjourned at - o'clock P. M. Secretary. 35 ORGANIZATION CERTIFICATE OF CREDIT UNION * 'Blanks for organization certificate of Credit Unions in New Yorlt State should be procured from the State Banlting Department at Albany. We, the undersigned, all being of full age and employed or residing in the State of New York, and of us being citizens of the United States, for the purpose of becoming incorporated as a Credit Union, pursuant to the provisions of Article XI of the Bank- ing Law, Chapter 2 of the Consolidated Laws, do hereby certify : 1. That the name of the proposed corporation is- 2. That the place where its business is to be transacted is- -Credit Union. 3. That the par value of its shares is dollars 4. That the full name, residence and post-office address of each of the incorporators and the number of shares subscribed for by each, are as follows : Post-Office No. of Name Residence address shares subscribed S. That the term of its existence shall be- 6. That the number of its directors is and the names and addresses of the incorporators who shall be its directors until the first annual meeting of its shareholders are as follows : Names Addresses IN WITNESS WHEREOF, we have made, signed and acknowledged this certificate in duplicate, this day of 191 36 STATE OF NEW YORK ) COUNTY OF Us. CITY OF j On this day of 191 , personally appeared before me to me known to be the persons described in and who executed the fore- going certificate and severally acknowledged that they executed the same. *The signature of the Notarj; Public or Commissioner of Deeds who takes the acknowledgments must be authenticated by a County Clerk's certificate. Z7 BY-LAWS. ARTICLE I Name. The name of this corporation shall be the - -. Credit Union of — ARTICLE II Purposes. The purposes of this Credit Union shall be to promote thrift among its members and to make loans to its members at reasonable rates, with or without security. ARTICLE III Membership. Any of - — upon his election to membership and upon subscribing for one or more shares and paying for the same in whole or in part, together with the entrance fee as provided in Article X of these By-Laws shall become a member of this Credit Union. ARTICLE IV Meetings of Members. Section 1. The annual meeting of the members shall be held on the third Tuesday of January of each year. General meetings of mem- bers shall also be held quarterly on the third Tuesdays of April, July and October of each year. A notice of all meetings of the members shall be mailed by the Secretary to each member not less than five nor more than 10 days prior to such meetings. Section 2. One-half of the members shall constitute a quorum. If a quorum is not present on thp date first appointed, the meeting shall be adjourned for 10 days and a second notice shall be sent to all mem- bers, at which time those members present shall constitute a quorum for the transaction of all business. Section 3. Each member shall have but one vote. No vote shall be cast by a proxy. When not otherwise provided 'vn. these By-Laws the vote of the majority of the members present at a meeting shall be the act of the corporation. Section 4. The order of business of the meetings of the members shall be as follows: a. Roll Call. b. Reading of the Minutes of the Last Meeting. c. Report of the Directors. 38 d. Report of the Treasurer. e. Report of the Credit Committee. f. Report of the Supervisory Committee. g. Unfinished business, h. New business. i. Adjournment. Section 5. The members by a majority vote of all the shareholders shall have the power to review the acts and reverse the decisions of the Board of Directors of this Credit Union. Section 6. The Board of Directors may at its discretion call special meetings of the members and shall do so upon the order of the Super- visory Committee or upon the request of any 10 members of the Credit Union in writing. Notice of such special meetings, wherein the purpose of the meetings shall be clearly stated, shall be sent by the Secretary to each member as provided in Section 1 of this Article. No other business than that specified in the written notice shall be trans- acted at such meetings. Section 7. The fiscal year of this Credit Union shall end on the thirty^first day of December. ARTICLE V. DntEcroRS. Section 1. At the annual meeting the members of this Credit Union shall elect a Board of Directors of five members, a Credit Committee of five members, and a Supervisory Committee of three members to serve until the next annual meeting of the shareholders and until their successors are elected and have qualified. No member of the Board of Directors shall serve on the Supervisory Committee nor shall any member of the Supervisory Committee serve on the Board of Directors. Section 2. A meeting of the newly elected Board of Directors shall be held within 10 days after the annual meeting of shareholders, and the Board of Directors shall elect from their number a President, a Vice-President, a Secretary and a Treasurer who shall be the executive officers of this Credit Union. Thereafter the Board of Directors shall meet at least once in each month. At all meetings three members shall constitute a quorum. Section 3. The Board of Directors shall have the general manage- ment of the affairs, funds and records of this Credit Union. It shall be their special duty to act upon all applications for membership and the expulsion of members; to fix the amount of the surety bond of the Treasurer; to determine the rate of interest on loans and deposits; to declare dividends; to fix the maximum number of shares which may be held by any one member; to recommend amendments to these By- Laws; to fill vacancies in the Board until the election and qualification of successors, and to perform such other duties as the members may from time to time authorize. 39 Section 4. No officer or other member of the Board of Directors shall receive compensation for his services with the exception of the Treasurer, (or Secretary) whose remuneration, if any, shall be fixed by the members. Section 5. The members may, at a special meeting called for that purpose, declare by a two-thirds vote of all the members the office of any member of the Board of Directors vacant, provided said meeting was called in accordance with the provisions of Article IV, Sections 1 and 6 of these By-Laws. ARTICLE VI Officers and Their Duties. Section 1. The officers of this Credit Union shall consist of a Presi- dent, Vice-President, Treasurer and Secretary. Section 2. The duties of the President shall be to preside at meetings of the members or of the Board of Directors; to countersign such checks, drafts and notes drawn by the Credit Union as may require his signature, and to perform the other usual duties connected with the office. Section 3. The Vice-President shall, in the event of the disability of the President, perform the duties of the President and such other duties as the Board of Directors may from time to time prescribe. Section 4. The Treasurer shall be the custodian of the funds, se- curities, books of account and all other valuable papers of the Credit Union. He shall keep a separate set of books of entry, containing in detail the financial transactions of the Credit Union. He shall Sign all checks, drafts and notes drawn by the Credit Union. The Treasurer shall furnish a bond for the faithful performance of his duties in such amount as the Board of Directors shall prescribe. Section 5. The Secretary shall keep correct records of all meetings of the members and of the Board of Directors. He shall give notice of all meetings of the members in the manner prescribed by the By-Laws and shall perform all other duties incident to his office. In the event of the disability of the Treasurer his duties shall be performed by the Secretary. ARTICLE VII Credit Committee. Section 1. The Credit Committee shall consist of five members. Section 2. The Credit Committee shall approve every loan made by this Credit Union to its members. Every application for a loan shall be made in writing and shall state the purpose for which the loan is desired and the nature of the security offered. No loan shall be made unless it has received the unanimous approval of those members of said committee who were present when it was considered, who must be at least a majority of said committee, nor if any member of said committee shall disapprove thereof. 40 Section 3. The Credit Committee may meet at any time and shall meet as often as necessary. The Chairman of the Credit Com- mittee shall notify each member in advance of every meeting of the Committee. The Credit Committee shall keep a record of its proceedmgs in a special book provided for that purpose. ARTICLE VIII Supervisory Committee. Section 1. The Supervisory Committee shall consist of three mem- bers who shall be elected annually. The Supervisory Committee shall meet at least once every three months to audit the books of this Credit Union and make reports of the same to the members. Section 2. The Supervisory Committee shall inspect the securities, cash and accounts of this Credit Union and supervise the acts of its Board of Directors, Credit Committee and officers. Section 3. At any time the Supervisory Committee, by a unanimous vote at a meeting called for that purpose, may suspend any member of the Credit Committee or of the Board of Directors or any officer, and by a majority vote may call a meeting of the shareholders to con- sider any violation of Article XI of the Banking Law or of these By- Laws, or any practice of this Credit Union which, in the opinion of such Committee, is unsafe and unauthorized. Section 4. Within seven days after the suspension of any member of the Board of Directors or Credit Committee or of any officer, the Supervisory Committee shall call a special meeting of the members to take such action relative to such suspension as may seem necessary. A notice of such meeting shall be mailed to each member of this Credit Union not less than five days prior to the date of such meeting. The Supervisory Committee shall fill vacancies that may occur in its own membership until the next annual meeting. Section S. At the close of each fiscal year the Supervisory Com- mittee shall make an audit of the books and records and an examination of the business and affairs of the Credit Union for the year and shall make a full report of its assets and liabilities, receipts and disburse- ments to the Board of Directors, and shall cause such report to be read at the annual meeting of shareholders and filed with the records of the Credit Union. Section 6. The Supervisory Committee shall keep a complete record of all its proceedings. All reports of this Committee shall be filed and preserved with the records of this Credit Union. ARTICLE IX Capital. The capital of this Credit Union shall consist of the payments made upon shares by its members, and unpaid dividends credited thereon. 41 ARTICLE X Shakes. Section 1. The number of shares which may be issued by this Credit Union s'hall be unlimited. Section 2. The par value of each share shall be $S. Section 3. Shares may be paid for in full at the time of subscrip- tion or may be paid in regular weekly or monthly instalments. Section 4. Whenever payments made by a member upon instal- ment shares shall equal the par value of a share such payments shall be transferred and he shall become the owner of a full paid share and shall receive a Certificate of Shares signed by the President and Secretary. Section 5. An entrance fee to be fixed by the members shall be charged for each share subscribed for. Section 6. Fully paid shares may be transferred to any person eligi- ble for membership, subject to the approval of the Board of Directors and the provisions of Section 9 of this article and upon the payment of a transfer fee not exceeding $0.25 per share. No transfer shall be permitted if the transferrer is indebted to this Credit Union. Section 7. The money credited on one or more shares may be with- drawn on any day when payments for shares may be received, provided the withdrawing member has filed a written notice of such intention; but the Board of Directors may require a member at any time to give 30 days' notice in writing of his intention to withdraw the whole or any part of the amount paid in by him on account of shares. Such withdrawing member shall receive the amount paid by him on account of shares, together with such dividends as have been credited thereto, less any lawful fines or other obligations to this Credit Union. With- drawals shall be paid in the order of their filing and as funds therefor become available. After the filing of notice of withdrawal provided herein, the shares shall continue to participate in the dividends until they are redeemed. No member who has filed a notice of intention to withdraw shall exercise any of the privileges of membership. Section 8. The Board of Directors may expel any member who has not carried out his obligations to the Credit Union, or who has been convicted of a criminal offense, or who neglects or refuses to comply with the provisions of the Statute under which this Credit Union is organized, or of the By-Laws, or who habitually neglects to pay his debts, or who becomes insolvent or bankrupt. The members at any regularly called meeting may expel any member whose private life is a source of scandal. But no member shall be expelled until he has been informed in writing of the charges against him and shall have had reasonable opportunity to be heard. In the event of the expulsion of a member for any cause, such expelled member shall be deemed a withdrawing member as regards the conditions hereinabove provided for redemption of shares. Any mem- ber who withdraws or is expelled shall not be relieved of any liability to the corporation. 42 Section 9. No oiEcer, director, attorney, committee member, clerk or agent of this Credit Union shall as an individual, discount, or di- rectly or indirectly purchase from another member a share in this Credit Union, whether filed for withdrawal or not. ARTICLE XI Fines. A member failing to make a payment upon shares when due shall pay a fine at the rate of two per centum per month or fraction thereof on amounts in default, provided however, that such fine shall in no case be less than $.05. If the fine remains unpaid for three months, such member shall be suspended from membership and may at the dis- cretion of the Board of Directors, be expelled from this Credit Union, and any balance remaining to his credit, after deducting all sums due this Credit Union shall be paid to him by the Treasurer. ARTICLE XII Deposits. Section 1. The Credit Union may receive on deposit the savings of members in such amounts as the Board of Directors may determine. Section 2. Deposits shall draw interest beginning the first day of the month following the day of the making of the deposit. Section 3. The rate of interest on deposits shall be determined by the Board of Directors, quarterly, in advance, and payable within 30 days after the first day of January, April, July and October, and shall be credited to the account of the depositor or withdrawn by him at his option. Section 4. Any depositor may withdraw all or part of his deposit at any time that the office of this Credit Union is open for business. The Board of Directors may, however, require 30 days' notice in writing of the depositor's intention to make the withdrawal. Such with- drawals shall be honored in the order in which the notice therefor is filed, in the same manner as in the case of withdrawals of shares as provided in Section 7 of Article X of these By-Laws, provided, however, that in the matter of withdrawals, deposits shall be preferred over shares. ARTICLE XIII Power to Boskow. This Credit Union may borrow money to an amount not exceed- ing 40% of its capital except when its capital is $5,000 or less, in which event it may borrow any amount up to $2,000, provided, however, that the amount to be borrowed, the terms upon which the loan is to be obtained and the name of the prospective lender are in each instance first submitted to a meeting of the members and the loan duly authorized by them. 43 ARTICLE XIV Investment of Funds. Section 1. The capital, deposits, guaranty fund, undivided profits and all other moneys of this Credit Union may be invested in one or more of the following ways and in such ways only: a. They may be lent to members for such purposes and upon such security and terms as provided in Article XV of these By-Laws. b. They may be deposited to the credit of this Credit Union in savings banks, state banks or trust companies incorporated under the laws of the State of New York, or in national banks located therein. ARTICLE XV Loans. Section 1. Loans may be made to any member of this Credit Union in good standing. Section 2. No officer or member of the Board of Directors or of the Credit Committee or of the Supervisory Committee shall either borrow directly or indirectly or become surety for any loan from this Credit Union, unless such loan shall have been approved at a regularly called meeting of the members by a two-thirds vote of those present, and the notice of such meeting shall have stated that the question of loans to directors, officers, or members of Committees would be considered at such meeting. Section 3. No loan in excess of $50 shall be made by this Credit Union unless security therefor is taken. The term "security" shall in- clude an endorsed note. Section 4. From each borrowing member the Credit Union shall require a surrender and pledge of the Certificate of Shares* issued by it to the member to whom such loan is made. Section 5. Loans shall be granted only for productive purposes or urgent needs. Section 6. The amount of the loan, the time for which it is granted, the terms of its repayment and the form and value of the security shall be fixed by the Credit Committee. Section 7. The rate of interest charged upon loans shall be fixed by the Board of Directors. In no event shall the interest rate exceed one per centum per month. Section 8. All loans shall be secured by the promissory note of the borrower endorsed by one or more responsible endorsers. The Credit Committee may demand such additional security as it deems proper. *As has been stated above these By-Laws are so drawn as to conform to the New York Credit Union Law. The issuance of a Certificate of Shares and its surrender by a borrowing member appears to be an unnecessary requirement and persons organizing Credit Unions in other states are advised not to include this provision in the By-Laws. 44 Section 9. Applications for loans shall state specifically the purpose for which the money is borrowed, and that no consideration has passed or will pass from the borrower to the endorser for their endorsement. In case the facts as stated in the application are not found to be as represented, or the money borrowed has been used for purposes other than those for which it was granted, or if the borrower* the loan shall immediately become due and payable. In the event that the Board of Directors shall deem any loan not safe for any reason what- soever, additional security or immediate repayment of the loan may be demanded. Section 10. No loan shall be granted except with the unanimous approval of the members of the Credit Committee present when the same is considered, who shall constitute at least a majority of said Com- mittee, nor if any member of said Committee shall disapprove thereof. Section 11. Appeals from the decisions of the Credit Committee may be taken to the Board of Directors, who may lay the matter before the shareholders. ARTICLE XVI Pass Book. Section 1. Each member shall receive a pass book in which shall be entered all moneys paid by him to the Credit Union on account of shares, deposits and loans, all moneys withdrawn by him and other debits and credits in connection with his account with the Credit Union. Each entry in such pass book shall be initialed by the Treasurer or other person receiving or paying out the money represented thereby. If a pass book is lost or stolen, the owner shall notify the Treasurer at once and may obtain a duplicate pass book upon establishing his owner- ship and paying a fee of $0.25. In all cases a payment by the Treasurer upon presentation of the pass book and the member's Certificate of Shares shall be a discharge to the Credit Union for the amount so paid. ARTICLE XVII Guaranty Fund. Section 1. After the payment of organization expenses, all entrance fees, fines and transfer fees shall be known as reserve income and shall be added at once to the guaranty fund of this Credit Union. Section 2. At the close of each fiscal year there shall be set apart as a guaranty fund 25% of the net earnings which have accumulated ,,,„ JJr f^^ ^u^^ °* .?" "''''^" P^^'^ Union, these blanks should be filled out to provide for the contingency of the borrower's severing his connection with the ,mi? °„nh:i*r,*'H% n^^""^'- 'l'"'^ or .religious organizatfon or Xateve? the basic for thl rn^^^ltl^.^ fi,,"^^ ^^- ^°? 'P- *e.<=»se of a rural Credit Union, to provide o?%Slin1TfS°ther'eon.°"°''"' "^'^""""^ "' ■■'= P^^""^' """"'^ - >"= *"" 45 during the fiscal year. Upon recommendation of the Board of Directors, the members at an annual meeting may increase, and whenever such guaranty fund equals the amount of capital, may decrease, the proportion of net earnings which is to be set apart as a guaranty fund. The guaranty fund shall not, however, exceed the capital plus 50% of the other liabilities of this Credit Union. Section 3. Losses incurred by this Credit Union shall be charged to the guaranty fund. Any sums recovered on items previously charged to it shall be credited to such fund. Section 4. The guaranty fund shall be the property of this Credit Union and shall be held to meet contingent losses and no share therein may be claimed by any member except upon dissolution in the manner provided by statute and Article XXI of these By-laws. ARTICLE XVIII Dividends. Section I. Dividends may be declared by the Board of Directors at their annual meeting immediately following the annual meeting of members, out of the undivided profits of this Credit Union. Undivided profits are to be arrived at by crediting to the profit and loss account, earnings from all sources, and charging against such account all expenses paid or incurred, interest paid or accrued and unpaid on debts owing by the Credit Union, and all losses sustained by it in excess of its guaranty fund. The credit balance of the profit and loss account as thus determined shall constitute the undivided profits at the close of such period and shall be applicable to the payment of dividends. But no dividends shall be declared or paid by this Credit Union until it shall have made good any existing impairment of its capital and carried to its guaranty fund such part of its net earnings as is required by Article XVII, Section 2 of these By-Laws. Section 2. Dividends shall be paid only on fully paid shares. Shares which become fully paid during the year shall be entitled to a pro- portionate part of said dividend calculated from the first day of the gionth following such payment in full. Dividends may be credited or paid in cash at the option of the shareholder within 30 days after declaration or as soon thereafter as funds therefor shall become available. ARTICLE XIX Liability. Members shall be equally and ratably liable for the payment of the debts of this Credit Union but no member shall be liable for an amount in excess of the par value of the shares which he owns or for which he has subscribed. 46 ARTICLE XX. Amendments to By-Laws. These By-Laws may be amended by a three-fourths vote of the mem- bers present at any meeting ; provided the proposed amendment shall have first had the approval of the Superintendent of Banks and that notice of such meeting containing a true copy of the proposed amendment shall have been given to each member as prescribed in Section 1 of Article IV of these By-Laws. ARTICLE XXI. Dissolution. Section 1. At any meeting specially called to consider the subject, four-fifths of the members of the Credit Union, upon the unanimous recommendation of the Board of Directors, may in person consent that the Credit Union shall be dissolved and shall signify such consent in writing. The Credit Union shall then be dissolved in accordance with the statute under which it was organized. Section 2. In the event of liquidation, distribution of the assets of the Credit Union shall be made in the following order: a. Repayment of money borrowed, including accrued interest. b. Payment of other legal obligations to non-members. c. Payment of deposits including accrued interest. d. Pro rata apportionment of the balance among the shareholders. 47 b. Directors' Minute Book. The Directors' minute book should be in the custody of the Secretary and should contain a permanent record of the proceedings of all meetings of the Directors. FORM OF MINUTES OF MEETING OF DIRECTORS. 191. The meeting of the Board of Directors of the— Credit Union was held on , 191.. o'clock P. M., at at The following were present: (Insert in full the names of all present) The meeting was called to order by It was voted that should serve as Chairman of the meeting and that should serve as Secretary. Thereupon, the following officers were regularly elected to serve until the next annual meeting of directors. President. Vice-President. Secretary. -Treasurer. It was voted that the surety bond of the Treasurer should be fixed at $2,000. It was voted that each member who is delinquent in the payment of instalments upon his shares shall pay a fine of (* per share for each week during which such delinquency continues. On motion it was voted to elect the following persons to member- ship in the Credit Union, each having been regularly proposed and seconded, and each having subscribed for at least one share. Name Proposed by Seconded by On motion duly made and seconded it was voted that the Credit Union shall pay interest at the rate of — per annum upon all savings deposits made by its members. It was voted that the rate of interest upon loans made to members shall be Secretary. 48 c. Minute Book of the Credit Committee. The minute book of the Credit Committee should be kept in the custody of the Chairman of the Committee who also acts as Secretary, and should contain a permanent record of the proceedings of all meetings of the Committee. FORM OF MINUTES OF MEETING OF CREDIT COMMITTEE. , 191-. A meeting of the Credit Committee of the Credit Union was held on . 191— at o'clock P. M. at , The following were present: was elected permanent Chairman of the Committee. The Committee then proceeded to consider applications for loans. The following applications were granted, having received the unanimous vote of all the members present. , $50.00, secured by his note, endorsed by , payable with interest at- with interest at- -, $150.00, secured by his note, endorsed by , payable The application of for a loan of $200.00 was deferred until applicant furnishes endorsers satisfactory to the Committee. The application of was re- jected on the ground of On motion, the Committee adjourned to meet again in one week. Chairman. 49 d. Minute Book of the Supervisory Committee. The minute book of the Supervisory Committee should be in the custody of the Chairman of that Committee who also acts as Secretary. It should serve as a permanent record of all the proceedings of the Committee. FORM OF MINUTES OF MEETING OF THE SUPERVISORY COMMITTEE. -, 191- A meeting of the Supervisory Committee of the Credit Union was held on , 191 — at o'clock P. M., at the residence of — The following were present: Committee. was elected permanent Chairman of the It was voted that a meeting of the Supervisory Committee should be held during the week of 191— for the purpose of auditing the books of the Credit Union. On motion, the Committee adjourned. Chairman. DETAILS OF OPERATION, A Credit Union receives cash and pays out cash. The Receipts consist of proceeds from shares, deposits, interest and payments on loans, fees, money borrovired, etc. The Dis- bursements consist of shares redeemed, dividends paid, de- posits withdrawn, loans made, interest paid on deposits and upon borrowed money, borrowed money repaid, and expenses. 7. THE PASS BOOK. The Pass Book is intended to provide each member with an individual record of his transactions with the Credit Union. In it should be entered all moneys received from or paid to the member. It should be of convenient size for mailing and pocket use and should contain about 20 pages printed somewhat like the pages of the individual ledger. The By-Laws should be printed at the end of the Pass Book for ready reference. 50 Pass Books should be retained by members and be presented whenever money is paid in or withdrawn accom- panied by the Certificate of Shares* As a safeguard against loss and to insure its possession when a borrower desires to make a withdrawal of funds from the Credit Union, the Certificate of Shares should always be kept in a pocket provided on the inside of the back cover of the Pass Book. On the outside cover of the Pass Book should be printed the following : -Credit Union PASS BOOK of (Owner's name) Transferable only to qualified members. Upon the inside of the front cover of the Pass Book, the following directions should be printed : This Pass Book shows the condition of your account with the Credit Union. Take good care of it. Bring the Pass Book with you whenever you desire to pay in or with- draw money, and always keep your Certificate of Shares in the pocket of the Pass Book. When you pay in money make out a Deposit Slip. See to it that the entries in your Pass Book correspond with those on the Deposit Slip. The Pass Book is to be presented to the Treasurer at least once every three months for balancing. It should be presented for inspection when called for. Upon discontinuance of your membership and settlement of your account, the Pass Book should be surrendered to the Treasurer. 'Ordinarily the Pass Boole should be the badge of membership and payments should be made by the Treasurer upon its presentation. The New York Law however, requires borrowing members to "surrender and pledge" to the Credit Union "evidences of membership" issued by it. For this reason we have suggested above a Certificate of Shares which, instead of the Pass Book, may be surrendered by borrowing members, and retained by the Treasurer until the loans have been repaid. A borrowing member who is not the owner of a fully-paid share must surrender his Pass Book until the loan has been repaid or until such time as he becomes the owner of a share and receives a Certificate of Shares. ■d { (PASS BOOK) CRFDIT UNION SRtiS • van to 1 In ■ i=^^===^=^z= s PQ 1 1 si 1 to 1 2 w o s 1 la w 1 5^1 ^1 fi 5g § 1 1 1 V a l-H < "I 1 1 1 to H to < 3 B 1 >3 12 "1 s , 1 -tt z 5 ^1 51 ^ 52 8. DEPOSIT SLIP. When money is paid in by a member on loans, shares, deposits or otherwise, the Pass Book should be accompanied by a Deposit Slip properly itemized, which should be retained by the Treasurer as a part of his permanent records. FORM OF DEPOSIT SLIP. Deposited in CREDIT UNION. BY 191 Omit all dollar marks Dollars Cents Shares — Int. on loans Fees and fines- — Total 9. CHECK I JOO K. Money disbursed by a Credit Union should be by check drawn upon the bank selected as depository. The purposes for which the check is drawn should be itemized in the follow- ing manner on the stub from which the check is detached: 53 Deposits withdrawn Interest No — Shares withdrawn Dividend No. - Loan No. The use of a rubber stamp as above is of assistance in itemizing the check on the accompanying stub. The Treasurer should draw no checks without authoriza- tion. Each check should be signed and countersigned as pro- vided in the By-Laws. FORM OF CHECK. .2 lu o S> No New York 191 Bank of Pay to or order Dollars -Credit Union Treasurer. 10. BANK BOOK. Immediately after the final organization meeting the Credit Union should select a bank as depository for its funds. Where the law gives preference in state institutions to Credit Union deposits, a state bank or trust company should be selected in preference to a national bank. All moneys re- ceived by the Treasurer should be deposited as soon as possi- ble in the bank selected. On the last day of each month the Treasurer should de- posit all money on hand and leave the bank book to be balanced. 11. LOAN APPLICATION. The upper part of the application for a loan should be filled out by or for the applicant and signed by him. The lower part should be filled out and signed by the Credit Committee. 54 The Credit Committee should record in its minute book every application approved or rejected. Every granted application should be given a number. The same number should also be given to the loan to identify it through all its stages. The Credit Committee's approval of an application is the sole authority for the Treasurer's drawing a check for a loan. The application should be kept by the Treasurer among his permanent records. FORM OF APPLICATION FOR LOAN. Loan No. THE CREDIT UNION. Date- I hereby make application for a loan of ($ ) for the purpose of-- to be repaid as follows: to be secured by my promissory note endorsed by: Name Address Name Address I hereby certify that all the statements made by me in connection with this application are true. Signature - Address- {To he filled out by credit committee upon the granting of loan) Amount Granted $ Purpose — Security Endorsers — Terms - Remarks The treasurer is hereby authorized to draw a check for the amount of this loan to the order of the above named member upon his presenta- tion of the required security and the surrender of his Certificate of Shares. Credit Committee < 55 12. PROMISSORY NOTE. The note should be signed in full by the maker and the endorsers in the presence of the Treasurer. It should be given a number corresponding to the number of the loan. FORM OF NOTE. Loan No. _ 191 (Place and Date) For Value Received, we, as principal, and and- ..as sureties, promise to pay to the order of THE CREDIT UNION at the sum of payable as follows: with interest at the rate of % per month on monthly balances payable - It is understood and agreed that, in default of payment of any in- stalment on this note or in the event that the money borrowed on this note is not used for the purposes set forth in the application, or in case the Credit Union shall deem the security thereof unsafe for any reason whatsoever, then this note or so much thereof as may remain unpaid shall immediately become due and payable. It is further understood and agreed that in default of payment of any instalment on this note, the Credit Union may apply to its payment such amounts as have been paid by the principal upon shares as represented by the Certificate of Shares surrendered and pledged as collateral se- curity hereon. 56 13. TICKLER. The Tickler is a book in which due and maturity dates of notes and dates of instalment payments upon shares are entered. It enables the Treasurer to keep in intimate touch with the condition of each member's account. An ordinary commercial diary will answer the purpose. 14. INTEREST TABLE. The interest table given below is constructed on the basis of one per cent, per annum. To compute the interest on a given sum for a given time, find the amount in the first left-hand column of the table, then proceed to the right, until the column headed by the number of months desired is reached. The figures in that square give the amount of interest at the rate of one per cent, per annum. By multiplying that amount by the rate of interest to be charged or paid the correct amount is obtained. It will be observed that the amounts run in multiples of $5. If the amount upon which interest is to be computed is not a multiple of five, $32. for example, it is necessary first to compute the interest on $30., then the interest on $2., and multiply the sum by the rate of interest to be paid or charged. In computing interest on loans repaid in monthly instal- ments, interest for a full month should be charged for any portion of a month and interest on a dollar should be charged on any fraction of a dollar. When loans are repaid in weekly or semi-monthly instal- ments, interest should be computed and paid at the end of each calendar month upon the balance due at the beginning of that month. In computing interest on deposits, interest should be allowed only for full calendar months and no interest should be allowed for a fraction of a calendar month, nor for a frac- tion of a dollar. s < H Z td u m a t^ H z o 1 H < H CO U K U H Z (0 g s N ssss to O to O O -^ >-; CM. to O to o CM_ CO CO Tt to O to Q ■^ to to ^ to o to o so !>. «v. o5 LO O lO o 00 o\ o\ p Q\ 0\ 00 t^ S S SS S2 o o o o «j- ■ - ■ 38:22 tS C>1 CO CO •-I so *-l to T); ■!|- ^ C^ CO l^ .1 to o ■* tM OJ CO CO 00 CM vo o CO •* tC to ■* OS CO t^ to to so so t>» t^ 00 W o> CO to C*3 83S8 <«-■-■ CO CO oi to 0\ CO vo o <-; N Csj CO ■^ 00 »-H to CO CO -^ -cr OS CO so O rJ-_ to to so S \0 tSj tN; 00 8SSS CO 5; O ■* O O -^ rt tv o •* t^ T-H (N pi CM O 1- t^ Q CO CO CO ^ Tf tv O •* -^ T^t- to to t^ o ^ t^ m \D v5 vo w- t~ \o CM 00 Jl; Q T-t .-. Cq S o o o SSS- to 00 *-i ■'J- -1 i-; CM S \0 OS CM to CM CM CO to t^ ■-( ■* t^ CO '^ ■* -^r O fO so 0\ IT) If) in lo «■ to SSSB SSS2 CO to 00 O CO to CO o CM CM CM CO CO to 00 O CO CO CO tT ?^^s «■ ■ ■ lO $.004 .009 .013 .017 §S88 rt CO to r^ OS -- CM to ^_ CM CM CM r^ OS »-' -^ CM CM CO CO "O 00 o f^ CO CO -^ Ti; «■ © o o o © o o o g o CM 2; to «^ 00 O CM ■* to t^ CM C^l CM CM On O C^ ^ (M CO CO CO «9- o $.003 .005 .008 .01 CO .-. CO ■>!■ to p O p O ssss .-c CO ■* to SO 00 OS O Fj f3 CSJ CVI Ol (va CO to f^ S d o o O O o o «9- ■ - ■ iSoS QpSfe gSS2 .-1 CM CO •* ■^:^ m \o ^N - $.001 .002 .003 .004 to O rt ^ in o rt rt c« tn o ui d C4 en CO ^ 57 to d to Q « tn to > t> 00 tn a in Q 00 oi ct o 58 15. CASH BOOK. The cash book is the principal book of account of a Credit Union. It is divided into two main divisions — Cash Received and Cash Disbursed. Receipts are entered upon the left- hand or even numbered pages, and Disbursements are entered upon the right-hand or odd numbered pages. Each page is divided into columns headed by the items for which money was received or paid out. To make a receipt entry in the Cash Book, there should first be put down, on the left hand page, the date and the name of the person from whom the money was received and the total amount entered in the column "Total Receipts." Then the items of the total amount as they appear on the accom- panying Deposit Slip should be entered in their proper columns. To make a disbursement entry in the Cash Book, there should first be put down, on the right-hand page, the date and the name of the person to whom the money was paid and the total amount in column "Total Disbursements." Then the items of the total amount as they appear on the stub of the check book should be entered in their respective columns. Receipts and Disbursements shown by Deposit Slips and check stubs need not be entered in the Cash Book at the time of the transactions, but should be entered at some time during the day on which the transactions occurred. When a page is filled, the columns should be footed up and the footings carried forward to the succeeding receipt or disbursement page, as the case may be. Entries should then be continued as before. On the last day of each month all entries for the month should be footed up regardless of whether the page is filled or not, and the following month's entries begun on a new page. The difiference between the total Receipts and total Dis- bursements for the month plus checks drawn but not cashed should equal the balance of cash on hand and in bank. If it does not, there is an error in the cash and steps should be taken at once to trace and correct it. •«« On " 1 c a s CO 8 1 a i > ¥ to II s »i i^ ^ £ »c c IPTS Mont 5?1 a p c c 8 ^1 a: g 5 o S X S < S o u i' j3 Q ?. § a a 03 ^ ca ll ci it ^3' k » 1 !? r. T >^ a t« Q o s 59 OS ^ w ^ O o H as m S ° O Q Q cn "^ ■a Z en o: D CO 5 DC c ■a V 51 as 0^: COa) ■So a a jg •^1^ !i 60 61 16. LEDGERS. The books in which all transactions recorded in the Cash Book are assembled and classified are called the Ledgers, the classifications are called Accounts, and their transfer from the Cash Book to the Ledger is called Posting. INDIVIDUAL LEDGER. The Individual Ledger contains the accounts which relate to transactions with members or other persons with whom the Credit Union may have dealings. These are known as In- dividual Accounts. Their number is therefore unlimited. The Individual Ledger should contain an alphabetical tab index at the beginning and each account, when posted, should be immediately indexed under the proper letter. GENERAL LEDGER. The General Ledger contains the accounts which relate solely to the condition of the Credit Union, without reference to the persons with whom the Credit Union deals. These are called General Accounts. They are : 1. Cash — received and paid out. 2. Shares — redeemed and issued. 3. Deposits — withdrawn and received. 4. Accounts Payable — Obligations paid and obligations incurred (money borrowed). 5. Accounts Receivable — Loans made to members and repaid by them. 6. Interest — Paid and received. 7. Investments — Money in savings banks and other legal investments. 8. Expenses — Expenses for whatever purpose. 9. Profit and Loss — Net interest less expenses and losses. 10. Guaranty Fund— Reserve Income plus percentage set aside from net profits to the Guaranty Fund. 11. Dividends — Declared and paid. 12. Surplus— Balance of Profits not put in Guaranty Fund and not distributed in Dividends. • «a II (INDIVIDUAL LEDGER) M . - ^S| 1 < s ! 1 1: u II a i n 1 1 4 1^11 EC O i g ' II ill ^ * II II If ■II ^1 i 1 i i % i 1 CO H CO 4 1 1 II j1 MB • ^11 ' ^ i 4 . 1 1 1 62 (CENERAL LEDGER) rACU Date Item C/B Page Received Date Item C/B Page Paid Out Mo. Dy. Mo. Dy. Carried forward^ Carried forward. SHARES Date Item C/B Paare REDEEMED | Date Item C/B Page ISSUED 1 Number Amount Nuiuber Amount Mo. Dy. Full Pild Part P.(ii Mo. Dy. Sub. Paid Carried ftad.. Carried fwd.. DEPOSITS Date Item C/B Page With- drawn Date Item C/B Page Received Mo. Dy. Mo. Dy. Carried forward^ Carried forward. ACCOUNTS PAYABLE Date Item C/B Page Paid Date Item C/B Page Incurred Mo. Dy. Mo. Dy. Carried forward^ _6 3 Carried forward. ==== Co.N.nA. ..ooEH, ^^^g RECEIVABLE Date Item C/B Page Made Date Item C/B Page Repaid Mo. Dy Amount Mo. Dy. Amount Carried forward. Carried forward. INTEREST Date Item C/B Page Paid Date Item C/B Page Received Mo. Dy. No Amount Mo. Dy. Amount Carried fwd.y Carried forward. INVESTMENTS Date Item C/B Page Made Date Item C/B Page Liqui- dated Mo. Dy. Mo. Dy. Carried forward, Carried forward. EXPENSES Date Item C/B Page Paid Date Item C/B Page Receipts Mo. Dy. Mo. 4 Dy. Carried forward. 6 Carried forward. (GENERAL LEDGER) PROFIT & LOSS Date Item Led. Pagre Net Interest 1 Date Item Led. Page Deduc- tions Mo. Dy Mo. Dy Carried forward. Carried forward. GUARANTY FUND Date Item Led. Page Putin Date Item 1 Led. Page Taken Ont Mo. Dy. Mo. Dy Carried forward. Carried forward. DIVIDEND Date Item Led. Page Declared Date Item Led Pag Paid 1 Mo. Dy. No Amount Mo. Dy. ^No. Amount | Carried f-wd. , Carried fwd.. SURPLUS Date Item Led. Page Put In Date Item Led. Page Taken Out Mo. Dy. Mo. Dy. Carried forward. _6 5 Carried forward. 66 POSTING. As the first eight General Accounts of the General Ledger represent cash transactions; namely, cash received and cash paid out, all that is needed in posting is to transfer at the end of the month the footings from the Cash Book to their proper accounts. These accounts should be posted once a month, as of the last day of the month. The Ledger page should be noted in the Cash Book underneath the amount transferred, thus — L. P In the same manner the Cash Book page should be noted in the Ledger column provided opposite the item posted. These notations are important as they indicate that the items have been posted. When these notations are absent, the pre- sumption is that the items have not been posted. The last four General Accounts do not represent cash trans- actions (except the Reserve Income) but consist of transfers from the other General Accounts, and cannot therefore be posted until the other accounts are posted. Posting into the Individual Accounts should be done as soon as possible after the entry is made in the Cash Book so that these accounts may always be up-to-date. At the time of posting the Ledger page of each item should be noted in the Cash Book and the Cash Book page noted in the Ledger. If the posting is properly done, the sum of the credits of the General Accounts and the sum of the debits of the General Accounts will equal. The footing up of the General Accounts is called taking a Trial Balance and proves the correctness of the entries. If the Trial Balance is found correct, a balance sheet, a statement of assets and liabilities, or any other financial statement, can safely be drawn from the Ledger. 67 17. STATEMENT OF THE _ CREDIT UNION. (organized ) for the period from 19 to 19 CONDENSED STATEMENT OF TRANSACTIONS 19.. Number Amount 19.. Number Amount Increase Decrease Number Increase Decrease Amount Members Shares subscribed Shares paid Loans made Loans repaid Deposits Interest earned Interest collected CONDENSED BALANCE SHEET ASSETS LIABILITIES Cash Loans receivable Investments Interest on loans, due and accrued Interest on balances in bank, accrued Shares Deposits Loans payable Surplus, Jan. 19.. Reserve Fund Surplus for year CONDENSED INCOME ACCOUNT EARNINGS Interest on loans Interest on balances in banks EXPENDITURES Interests on deposits Interests on loans Operating: expense Losses To reserve fund Dividends Surplus for year This is to certify that we have on... Treasurer. ._ 191 -.examined the books of account, notes and other securities, vouchers, etc., of the- Credit Union and find the above statement to be correct. Supervisory Committee. 68 NEW YORK CREDIT UNION LAW. (Article XI, Chap. 369, Laws of 1914.) Section 450. Incorporation; organization certificate. 451. Proposed by-laws. 452. When corporate existence begins; conditions precedent to commencing business. 453. General powers. 454. Limitations upon powers. 455. Capital. 456. Deposit of funds; preference. 457. Guaranty fund. 458. Calculation of earnings. 459. Dividends. 460. Change of location. 461. Exemptions and liability of shareholders. 462. Reduction of liability to shareholders. 463. Withdrawal and expulsion of members. 464. Meetings of shareholders. 465. Qualifications of directors. 466. Oaths of directors, officers and committee members. 467. Tenure of office of directors. 468. Powers and duties of directors. 469. Special duties of directors. 470. Credit committee. 471. Supervisory committee. 472. Officers. 473. Amendment of by-laws. 474. Credit union not liable to taxation. 475. Fiscal year. 476. Communications from banking department. 477. Reports to superintendent. 478. Penalty for loans to non-members. 479. Penalty for use of term "Credit Union." § 450. Incorporation; organization certificate. When authorized by the superintendent of banks as provided in sec- tion twenty-three of this chapter,* seven, or more persons employed or * 23. lnTeetis:atioii by superintendent of proposed corporation, private banlcer or personal loan broker; refusal or approval; filing certificate. When any such certificate shall have been filed for examination, the super- intendent shall thereupon ascertain from the best sources of information at his command, and by such investigation as he may deem necessary, whether the character, responsibility and general fitness of the person or persons named in such certificate are such as to command confidence and warrant belief that the business of the proposed corporation, private banker or personal loan broker will be honestly and efficiently conducted in accordance with the intent and purpose of this chapter, and whether the public convenience and advantage will be promoted by allowing such proposed corporation, private banker or personal loan broker to engage or continue in business. After the superintendent shall have satisfied himself by such investigation whether it is expedient and desirable to permit such proposed corporation, private banker or personal loan broker to engage or continue in business, he shall within sixty days after the date of the filing of such certificate for examination, endorse upon each of the duplicates thereof over his official signature the word "approved" or the word "refused," with the date of such endorsement. In case of refusal he shall forthwith return one of the duplicates, so endorsed, to the proposed in- corporators, private banker or personal loan broker from whom such certificate was received. In case of approval he shall forthwith give notice thereof to the proposed incorporators, private banker or personal loan broker and file one of the duplicate certificates in his own office and the other in the office of the clerk of the county in which is located the place of business of such proposed corpora- tion, private banker or personal loan broker. 69 residing in the State of New York may form a corporation to be known as a credit union. Such persons shall subscribe and acknowledge and submit to the superintendent of banks at his office an organization cer- tificate in duplicate which shall specifically state: 1. The name of the corporation which shall include the words "credit union." 2. The place where its business is to be transacted. If the condi- tion of membership is employment of its members by a certain individual, partnership or corporation, the place of business of such individual, partnership or corporation may be stated as the place of business of such credit union. 3. The par value of the shares, which shall not exceed twenty-five dollars. 4. The full name, residence and post office address of each of the incorporators and the number of shares subscribed for by each. 5. The term of its existence, which may be perpetual. 6. The number of its directors which shall not be less 'than five, and the names and addresses of the incorporators who shall be its directors until the first annual meeting of shareholders. § 451. Proposed by-lavre. The incorporators shall subscribe and acknowledge and submit to the superintendent of banks at his office proposed by-laws, in duplicate, which shall prescribe the manner in which the business of the credit union shall be conducted with reference to the following matters: 1. The purposes of the corporation. 2. The qualifications for membership. 3. The date during the month of January of the annual meetin'g; the manner of conducting meetings; the method by which members shall be notified of meetings, and the number of members which shall constitute a quorum. 4. The number of directors necessary to constitute a quorum, and the compensation and duties of officers elected by the directors. 5. The powers and duties of the credit committee and the number of members, not less than three, of which it shall be composed. 6. The powers and duties of the supervisory committee and the number of members, not less than three, of which it shall be composed. 7. The conditions upon which shares may be issued, paid for, trans- ferred and withdrawn. 8. The fines, if any, which shall be charged for failure punctually to meet obligations to the corporation. , • i, 9. The conditions upon which deposits may be received and with- ''^'lO. The manner in which the funds of the corporation shall be employed. , ^ , . , 11 The conditions upon which loans may be made and repaid. 12! The maximum rate of interest that may be charged upon loans. 70 13. The method of receipting for money paid on account of shares, deposits or loans. 14. The manner in whidi the guaranty fund shall be accumulated. 15. The manner in which dividends shall be determined and paid to members. 16. Whether the members shall be equally and ratably liable for the payment of the debts of the corporation. § 452. When corporate existence begins; conditions precedent to commencing business. When the superintendent of banks shall have endorsed his approval on the organization certificate, as provided by section twenty-three of this chapter, the corporate existence of the credit union shall begin, and it shall then have power to elect officers and to transact such other business as relates to its organization. But it shall transact no other business, until the superintendent shall have duly issued to it the authori- zation certificate specified in section twenty-four of this chapter.* § 453. General powers. In addition to the powers conferred by the general corporation law a credit union shall, subject to the restrictions and limitations contained in this article and in its by-laws, have the following powers : 1. To issue shares to persons qualified for membership. 2. To charge an entrance fee to subscribers for such shares. 3. To charge a reasonable fee for the transfer of its shares. * 94. Authorization certificate; when and to whom issaed; contents; filing and recording. Before authorizing any corporation, private banker or personal loan broker to begin or continue business the superintendent shall be satisfied that such corporation, banker or broker has in good faith complied with all the requirements of law and fulfilled all the conditions precedent to commencing business imposed by this chapter. In the case of every stock corporation, he shall examine or cause an examination to be made in order to ascertain whether all of its capital stock has been fully paid in cash. In the case of every personal loan broker and of every private banker subject to all the provisions of article four of this chapter, he shall examine or cause an examination to be made in order to ascertain whether there has been invested in such business, or deposited in cash to be invested therein, the amount of permanent capital stated in the certificate of such banker or broker. If satisfied that such corporation, banker or broker has in good faith complied with all the requirements of law and fulfilled all the conditions precedent to com- mencing business imposed by this chapter, the superintendent shall, within six months after tthe date on which such organization certificate or private banker's or personal loan broker's certificate was filed by him for examination, but in no case after the expiration of that period, issue under his hand and official seal, in triplicate, an authorization certificate to the person or persons named in such organization certificate or private banker's or personal loan broker's certificate. Such authorization certificate shall state that the corporation, private banker or personal loan broker named therein has complied with the provisions of this chapter and with all the requirements of law, that it is authorized to transact within this state the business specified thereiUj and that such business can safely be intrusted to it. One of the triplicate authorization certificates shall be transmitted by the superintendent to the corporation, private banker or personal loan broker, thereby authorized to commence or continue business, another shall be filed in the office of the superintendent, and the third_ shall be filed by the superintendent in the county clerk's office wherein the organization certificate of such corporation or the private banker's or personal loan broker's certificate has been filed by him. The superintendent and said county clerk shall respectively attach such authoriza- tion certificate to such organization certificate or private banker's or personal loan broker's certificate previously filed in his office and shall record both such cer- tificates in the book of records of incorporation therein. 71 4. To receive the savings of its members in payment of shares or on deposit. 5. To lend money to its members upon such terms and conditions as the by-laws provide and as the credit committee shall approve, at rates not exceeding one per centum per month, inclusive of all charges incident to the making of such loan. 6. To deposit any moneys received by it and not lent to members, as provided in section four hundred and fifty-six of this article. 7. To borrow money to an amount not exceeding forty per centum of the capital of such corporation, except where the capital is five thousand dollars or less, in which event such credit union may borrow any amount up to two thousand dollars. 8. To reduce its liability to shareholders as provided in section four hundred and sixty-two of this article. 9. To fine members for failure to meet punctually obligations to such credit union. 10. To expel members, as provided in section four hundred and sixty-three of this article. 11. To impress a lien upon the shares and dividends of any mem- ber to the extent of any loans made to him and for any dues or fines payable by him. 12. To cancel the shares of any member who withdraws or is ex- pelled, and apply the withdrawal value thereof to the liquidation of such member's indebtedness to the corporation. 13. To hold shares in and make deposits with other credit unions. § 454. Limitations upon powers. No credit union shall: 1. Pay any commission or compensation for securing members or for the sale of its shares. 2. Make any loan in excess of fifty dollars unless security therefor is taken. The term "security" within the meaning of this subdivision shall include an endorsed note. 3. Impose a fine, in case of failure of a member to make payments on shares, exceeding two per centum per month or fraction of a month on amounts due, except that a minimum fine of five cents per month or fraction thereof may be imposed. 4. Permit any director, officer or member of the credit committee or supervisory committee to borrow directly or indirectly or become surety for any loan or advance made by the corporation, unless such loan shall have been approved at a regularly called meeting of the mem- bers of the corporation by a majority vote of those present, and the notice of such meeting shall have stated that the question of loans to directors, officers or members of committees would be considered at such meeting. 5. Issue shares or accept deposits in trust, except in the name of the trustee, as such, for a specified beneficiary whose residence shall be disclosed to the credit union by such trustee. 72 6. Issue any shares except to those qualified for membership under its by-laws, and unless there is printed upon the certificate or other evidence of such shares the words "transferable only to qualified mem- bers." 7. Lend to any of its members without requiring at the time of such loan a surrender and pledge of any certificates or other evidences of membership, issued by such credit union to the member to whom such loan is to be made. § 455. Capital. The capital of a credit union shall consist of the payments made by members on shares, and unpaid dividends credited thereon. § 456. Deposit of funds; preference. The capital, deposits, undivided profits and guaranty fund of any credit union may be deposited in one or more savings banks, state banks or trust companies, incorporated under the laws of the State of New York, or in national banks located in the state. Funds deposited in a state bank or trust company shall, in the event of the liquidation of such depositary, be entitled to priority of payment to the same extent as deposits of savings banks as provided in section two hundred and seventy-eight of this chapter.* § 457. Guaranty fund; how created and regulated. Every credit union shall create a guaranty fund which shall in no case exceed the capital of the corporation, plus fifty per centum of its other liabilities, and which shall be held to meet contingencies until the corporation is dissolved, when it may be distributed among the share- holders. Such guaranty fund shall be created and regulated as follows ; 1. All entrance fees, transfer fees and fines remaining after the payment of organization expenses shall be set aside to such fund. 2. At the close of each fiscal year twenty-five per centum of the net earnings of the corporation for the year shall be carried to such fund, provided that, upon the recommendation of the board of directors, the shareholders, at the annual meeting, may increase or, if such fund equals or exceeds its capital, may decrease the proportion of net earnings to be thus set aside. 3. Any sums recovered on items previously charged to it shall be credited to such fund. Losses incurred by a credit union may be charged to its guaranty fund. * S7S. Preference of deposits made by savingB bank. All the property of any bank or trust company which shall become insolvent, shall be applied by the trustees, assignees or receivers thereof, or by the super- intendent of banks if such insolvent bank or trust company is being liquidated by him under the provisions of spction fifty-seven of this chapter, in the first place ratably and proportionately to the payment in full of any sum or sums of money deposited therewith by any savings bank, savings and loan association or credit union, but not to an amount exceeding that authorized to be so deposited by the provision of this chapter, and subject to any other preference provided for in the charter of any such bank or trust company. 73 § 458. Calculation to determine whether dividends may be declared and amount thereof. On or after the date of the close of each fiscal year, in order to determine whether a dividend may be declared, and the amount thereof, the earnings from all sources, may be credited to the credit union's profit and loss account and the following items shall be charged against such account : 1. All expenses paid or incurred of whatever nature in the man- agement of its affairs, the collection of its debts or the transaction of its business. 2. The interest paid, or accrued and unpaid, on debts owing by it. 3. All losses sustained by it in excess of its guaranty fund. The credit balance of the profit and loss account as thus determined shall constitute the undivided profits of the credit union at the close of such period, and shall be applicable to the payment of dividends ex- cept as provided in the next succeeding section. § 459. Dividends to shareholders; how often and from what pay- able; conditions precedent. The directors of any credit union may, at the close of each fiscal year, declare such dividend from its undivided profits as they shall judge expedient. But no credit union shall declare, credit or pay any dividend to its shareholders until it shall have : 1. Made good any existing impairment of its capital. 2. Carried to its guaranty fund such part of its net earnings as is required by section four hundred fifty-seven of this article. Only fully paid shares shall be entitled to dividends, and shares which shall have been fully paid during any year in which dividends were declared shall be entitled only to a proportionate part of such dividends calculated from the first day of the month following such payment in full. § 460. Change of location. Any credit union may make a written application to the superin- tendent of banks for leave to change its place of business to another place in the same county. The application shall state the reasons for such proposed change, and shall be signed and acknowledged by a majority of its board of directors and accompanied by the written assent thereto of at least two-thirds of its shareholders. If the proposed place of business is within the limits of the village, borough or city, if in a city not divided into boroughs, in which the place of business of the credit union is located, such change may be made upon the written approval of the superintendent; if beyond such limits, notice of intention to make such application, signed by two principal officers of the credit union shall be published once a week for two successive weeks immediately preceding such application in a newspaper published in the city of Albany in which notices by state officers are required by law to be published and in a newspaper to be designated by the superintendent, published in the 74 county in which the present place of business of such credit union is located. If the superintendent shall grant his certificate authorizing the change of location, as provided in section fifty of this chapter,* the credit .union shall cause such certificate to be published once in each week for two successive weeks in the newspapers in which the notice of application was published. When the requirements of this section shall have been fully complied with, the credit union may, upon or after the day specified in the certificate, remove its property and effects to the location designated therein, and thereafter its place of business shall be the location so specified ; and it shall have all the rights , and powers in such new location which it possessed at its former location. § 461. Exemptions and individual liability of shareholders. The shares of members of any credit union and all the accumula- tions on such shares shall be exempt from sale on execution and pro- ceedings supplementary thereto to the amount of six hundred dollars. The transfer of such shares shall not be taxable under the provisions of article twelve of the tax law. Unless the by-laws so provide the shareholders of such a credit union shall not be individually liable for the payment of its debts. § 462. Reduction of liability to shareholders. Whenever the losses of any such credit union resulting from a depreciation in the value of its securities or otherwise exceed its undi- vided profits and guaranty fund, so that the estimated value of its assets is less than the total amount due its shareholders, the board of directors may, with the written approval of the superintendent of banks, order a reduction of the liability to each of its shareholders, so as to divide the loss equitably among such shareholders. If thereafter the credit union shall realize from such assets a greater amount than was fixed in the order of reduction, such excess shall ba divided among the share- holders whose assets were reduced, but to the extent of such reduction only. * 60. Changre of location; approval or refusal; certificate. U_pon receipt by the superintendent of a written application from any corporation or private or individual banker or personal loan broker to which this chapter is applicable for leave to change its place of business to another place in the same county and within the limits of the village, borough or city, if in a city not divided into boroughs, in which its principal place of business is then located, the superintendent shall, if he shall be_ satisfied that there is no reasonable objec- tion to such change of location, give his written approval of the proposed change. - If the proposed place of _ business is without such limits, the superintendent shall designate for the publication of the notice of intention to make such application a newspaper published in the county in which such place of business is located. Upon receipt by the superintendent of evidence satisfactory to him of due publica- tion of such notice, he shall, if satisfied that there is no reasonable objection to such change of location, make a certificate in triplicate under his hand and official seal authorizing such change and specifying the date on or after which, and the place to which such change may be made, and shall file one thereof in his own office, one in the office of the clerk of such county, and shall transmit the other to such applicant. If the superintendent shall be satisfied in any case that such change is undesirable or inexpedient, he shall refuse such application and notify such corporation or banker of his determination. 75 § 463. Manner of withdrawal and expulsion of members; effect upon liabilities to credit union. A member desiring to withdraw from a credit union shall file a written notice of his intention to withdraw. The board of directors may expel any member who has not carried out his engagements with the credit union, or who has been convicted of a criminal offense, or who neglects or refuses to comply with the provisions of this article, or of the by-laws, or who habitually neglects to pay his debts, or who becomes insolvent or bankrupt. The members at any regularly called meeting may expel any member whose private life isl a source of scandal. But no member shall be expelled until he has been informed in writing of the charges against him and shall have had reasonable opportunity to be heard. Any member of a credit union who withdraws or is expelled shall not be relieved of any liability to the corporation. The amounts paid in on shares or deposited by such members, together with any dividends credited to their shares and any interest which has accrued on their de- posits, shall be repaid to them in the order of their withdrawal or ex- pulsion, as funds become available therefor, but the credit union may deduct from such payments any sums due it from such members. § 464. Meetings of shareholders; voting. At all meetings of shareholders of every credit union each share- holder shall have one vote irrespective of the number of shares which he holds, and no shareholder may vote by proxy. At any annual or special meeting a decision of the board of directors may be overruled by a majority vote of all the shareholders. 1. Annual meeting. An annual meeting for the election of direc- tors, a credit committee and a supervisory committee shall be held during the month of January upon such notice and at such time and place as the by-laws provide. 2. Special meetings. At the request of ten members, or by order of the directors or the supervisory committee, special meetings may be held, after notice to the members as provided in the by-laws. § 465. Qualifications and disqualifications of directors. Every director of a credit union shall be a shareholder in his own right; and every person elected to be a director, who, after such election, shall hypothecate, pledge or cease to be the owner in his own right of his qualifying share shall thereby vacate his office, and shall not be eligible for re-election as a director for a period of one year from the date of the next succeeding annual meeting. § 466. Oaths of directors, officers and members of committees. Each director, officer and member of committee when appointed or elected, shall take an oath that he will, so far as the duty devolves upon him, diligently and honestly administer the affairs of the credit union, and will not knowingly violate, or willingly permit to be violated. 7(> any of the provisions of law applicable to such corporation, and that he is the owner in good faith and in his own right, of at least one share subscribed for by him or standing in his name on the books of the credit union and that the same is not hypothecated, or in any way pledged as security for any loan or debt, and, in case of re-election, that such share was not hypothecated, or in any way pledged as security for any loan or debt during his previous term. Such oath shall be subscribed by the directors, officers and members of committees making it, and cer- tified by an officer authorized by law to administer oaths, and imme- diately transmitted to the superintendent of banks. § 467. Tenure of office of directors. The directors, unless sooner disqualified or removed, shall hold office until the next annual meeting of shareholders after their election and until their successors are elected and have qualified. § 468. Powers and duties of directors; not entitled to compensation. The board of directors of every credit union shall have the general management of the affairs, funds and records of the corporation. The directors shall hold an annual meeting within ten days after the annual meeting of shareholders for the purpose of electing a president, vice- president, secretary and treasurer of the corporation. If the by-laws so provide the directors may elect the same person as secretary and treasurer. No member of the board of directors shall receive any compensa- tion for his services as a member of said board. Whenever the directors shall deem any loan unsafe they may, in their discretion, reqiure additional security to be given by the borrower, and if such security is not furnished as required by them, they may declare the loan due and take action to collect the same. § 469. Special duties of directors. Unless the by-laws shall expressly reserve any or all of the fol- lowing duties to the shareholders, it shall be the special duty of the directors : 1. To act upon all applications for membership and to expel members. 2. To fix the amount of surety bond required of each officer hav- ing the control or custody of funds. 3. To determine from time to time the rate of interest which shall be allowed on deposits and charged on loans. 4. To fix the maximum number of shares which may be held by, and the maximum amount which may 1>e lent to any one member. 5. To declare dividends. 6. To recommend amendments to the by-laws. 7. To fill vacancies in the board of directors or in the credit com- mittee. ^. To direct the deposit or investment of funds, except loans to members, and to perform such other duties as the by-laws may prescribe. 77 § 470. Credit committee; duties. The credit committee of every credit union shall meet as often as necessary, after due notice has been given to each member, for the purpose of passing upon applications of members for loans and advances. Every such application must be made in writing and must state the purpose for which the loan is desired and the security offered. No loan shall be made unless the application has received the unanimous approval of the members of the committee present at the meeting, provided that a majority of the committee shall be present. Any applicant for a loan may appeal from the decision of the credit committee to the board of directors. In no case shall a member of the credit committee receive any com- pensation for his services as a member of such committee, or serve as a member of the supervisory committee. If a credit union is located elsewhere than in a city, its board of directors may, if the by-laws so provide, act as its credit committee. § 471. Supervisory committee; powers and duties. The supervisory committee shall have power: 1. To suspend at any time by unanimous vote, at a meeting called for that purpose, the credit committee or any member of the board of directors or any officer. 2. By a majority vote to call a meeting of the shareholders to consider any violation of this article or the by-laws, or any practices of the credit union which, in the opinion of the committee, are unsafe or unauthorized. It shall be the duty of the supervisory committee: 1. To inspect the securities, cash and accounts of the credit union and supervise the acts of its board of directors, officers and credit committee. 2. Within seven days after the suspension of the credit committee, to cause notice of a special meeting to be given to the shareholders to take action regarding such suspension as may be deemed necessary. 3. To fill vacancies in the supervisory committee until the next annual meeting of the shareholders. 4. At the close of each fiscal year to make an audit of the books and records and an examination of the business and affairs of the credit union for the year and to make a full report of its assets and liabilities, receipts and disbursements to the board of directors, and to cause such report to be read at the annual meeting of shareholders and filed with the records of such credit union. In no case shall a member of the supenrisory committee receive any compensation for his services as a member of such committee, or serve as a member of the credit committee. § 472. Officers; powers, duties and compensation. The powers, duties and compensation of the officers of any credit union shall be such as are prescribed in the by-laws. 78 § 473. Amendment of by-laws; approval of superintendent of banks. The by-laws of a credit union may be changed or amended by a three- fourths vote of the shareholders present at any meeting; provided the proposed change of amendment shall have first had the approval of the superintendent of banks; and provided further, that notice of such meeting, containing a true copy of the proposed change or amend- ment, shall have been given to each shareholder as prescribed in the by-laws. A copy of any change or amendment thus adopted shall be filed in the oflfice of the superintendent of banks within thirty days after its adoption. Any credit union deeming itself aggrieved by the refusal of the superintendent of banks to give his approval to a proposed change or amendment, may apply to any justice of the supreme court of the district wherein the credit union is located, upon notice to the superin- tendent of banks, for a review of such decision. Such justice shall re- view the decision of the superintendent and may overrule or set aside the action of the superintendent and approve such change or amendment. An approval thus obtained shall enable such credit union to make the change or amendment as approved. § 474. Credit union not liable for taxation. Any credit union subject to the provisions of this article shall be deemed an institution for savings within the meaning of the law which exempts such institutions from taxation. No law which taxes corpora- tions in any form, or the shares thereof or the accumulations therein, shall apply to corporations doing business in accordance with the pro- visions of this article, unless such corporations are specifically named in said law. § 475. Fiscal year. The fiscal year of every credit union shall end at the close of busi- ness on the thirty-first day of December. § 476. Communications from banking department must be submitted to directors and supervisory committee, and noted in minutes. Each official communication directed by the superintendent of banks or one of his deputies to a credit union or to any officer thereof, relating to an investigation or examination conducted by the banking depart- ment or containing suggestions or recommendations as to the conduct of the business of the credit union, shall be submitted, by the officer receiving it, to the board of directors and to the supervisory committee at the next meeting of such board or committee and duly noted in the minutes of the meetings of such board, or committee. § 477. Reports to superintendent; penalty for failure to make. On or before the first day of February in each year, every credit union shall make a written report to the superintendent of banks which shall contain a statement of its condition on the morning of the first day of January in said year and shall be in the form and contain the 79 matters prescribed by the superintendent. Every such report shall be verified by the oaths of the president, treasurer, secretary, and a majority of the members of the supervisory committee. The verification shall state that the report is true and correct in all respects to the best of the knowledge and belief of the persons verifying it, and that the usual business of the credit union has been transacted at the location required by this article and not elsewhere. Every such credit union shall also make such other special reports to the superintendents as he may from time to time require, which shall be in such form and filed at such date as may be prescribed by the superintendent and shall, if required by him, be verified in such manner as he may prescribe. If any such credit union shall fail to make any report required by this section on or before the day designated for the making thereof, or shall fail to include therein any matter required by the superintendent, such credit union shall forfeit to the people of the state the sum of five dollars for every day that such report shall be delayed or withheld, and for every day that it shall fail to report any such omitted matter, unless the time therefor shall have been extended by the superintendent as provided by section forty-nine of this chapter.* § 478. Penalty for loans to non-members; recovery. Any officer, director or member of a committee of a credit union who knowingly permits a loan to be made or participates in a loan to a non-member of the corporation shall be guilty of a misdemeanor and shall be primarily liable to the corporation for the amount thus illegally loaned, and the illegality of such a loan shall be no defense in any action by the corporation to recover the amount lent. § 479. Penalty for use of term "Credit Union." The use by any person, partnership, association or corporation, other than those authorized as provided in this article, of any name or title which contains the two words "credit" and "union'' shall be a misde- meanor. • 49. Extensions of time by superintendent. For satisfactory cause to him shown, the superintendent may grant extensions of time to corporations or private or individual banlcers or personal loan brokers to which this chapter is applicable, as follows: 1. He may extend for not more than one year the time within which any such corporation may commence business. Such extension shall only be made by an order under his hand and oiBcial seal which shall be executed m triplicate and one copy thereof shall be filed in the superintendent's office °"=, '" '^^^ "ffi" of the clerk of the county in which the organization certificate of such corporation has been filed, and the third shall be transmitted to such corporation. 2 He may extend for not ' exceeding ten days in the case of a bank, trust comntnv orivite banker or individual banker, and for not exceeding twenty days company private Danker j ^^;^^ ^j^ij ^j^^pter is applicable or of a personal !oln broker, the time '^within which any such .corporation, banker or broker fs required to make and file any report to the superintendent. 1 TT, mav extend for such period as he may deem proper the time within which a?; corTorltion o/°private o'r individual banker is required by this chapter to dispose of real estate held by it. PUBLICATIONS DISTRIBUTED BY DIVISION OF REMEDIAL LOANS RUSSELL SAGE FOUNDATION. RH The Salary Loan Business in New York City, 1908. By Clarence W. Wassam, Ph.D., 148 pp. Report prepared under direction of Bureau of Social Research of New York School of Philanthropy. Published by Russell Sage Foundation.* RL2 The Chattel Loan Business. 1909. By A. H. Ham. 60 pp. Report prepared under direction of Bureau of Social Re- search of New York School of Philanthropy. Published by Russell Sage Foundation.* RL3 Proceedings, National Federation of Remedial Loan Associations, Buffalo, N. Y. June, 1909. 80 pp. Published by National Federation of Remedial Loan Associations.* RL4 Proceedings, National Federation of (Remedial Loan Associa- tions, St. Louis, Mo. May, 1910. 60 pp. Published by National Federation of Remedial Loan Associations.* RLS Proceedings, National Federation of Remedial Loan Associa- tions, Boston, Mass. June, 1911. lOO pp. Published by National Federation of Remedial Loan Associations.* RL6 Remedial Loans as Factors in Family Rehabilitation. Jan., 1912. By A. H. Ham. 8 pp. Reprinted from Proceedings of the National Conference of Charities and Correction, Boston, 1911, by Division of Remedial Loans.* RL7 Remedial Loans — A Constructive Program. Jan., 1912. By A. H. Ham. 44 pp. Reprinted from Proceedings of the Academy of Political Science, Jan., 1912, Vol. Il, No. 2, by Division of Remedial Loans.* RLS Campaign against the Loan Shark. Jan., 1912. By A. H. Ham. 2 pp. Published by Division of Remedial Loans. RL9 Leaflet on Moving Picture Film, "The Usurer's Grip." Oct., 1912. By A. H. Ham. Published by Division of Remedial Loans. RLIO Bulletin Vol. I, No. 1, National Federation of Remedial Loan Associations, July, 1912. 60 pp. Published by National Federation of Remedial Loan Associations. RLll Work of the Remedial Loan Societies, 1911-1912. July, 1912. (Statistical Folder). Published by National Federation of Remedial Loan Associations. RL12 Bulletin Vol. II, No. 1, National Federation of Remedial Loan Associations, August, 1913. 104 pp. _ Published by National Federation of Remedial Loan Associations. RL13 Work of the Remedial Loan Societies, 1912-1913. August, 1913. (Statistical Folder). Published by National Federation of Remedial Loan Associations. RL14 The Loan Shark Campaign. April, 1914. By Malcolm W. Davis 8 pp. Reprinted from the New York Evenmg fost, April 10, 1914, by Division of Remedial Loans. RLIS A Credit Union Primer. August, 1914 By A. H Ham and L G. Robinson. 88 pp. Published by Division of Remedial Loans. RL16 The Cooperative People's Bank. August, 1914. By M. Alphonse Desjardins. 56 pp. Published by Division of Remedial Loans. ' Out of print. if .i