National Credit Union Administration § 713.5

§ 713.1 What is the scope of this sec- directors, officers, supervisory com- tion? mittee members, and credit committee This section provides the require- members. ments for fidelity bonds for Federal credit union employees and officials § 713.4 What bond forms may be used? and for other insurance coverage for (a) A current listing of basic bond losses such as theft, holdup, vandalism, forms that may be used without prior etc., caused by persons outside the NCUA Board approval is on NCUA’s credit union. Web site, http://www.ncua.gov. If you are unable to access the NCUA website, § 713.2 What are the responsibilities of a credit union’s board of directors you can get a current listing of ap- under this section? proved bond forms by contacting The board of directors of each Fed- NCUA’s Public and Congressional Af- eral credit union must at least annu- fairs Office, at (703) 518–6330. ally review its fidelity and other insur- (b) To use any of the following, you ance coverage to ensure that it is ade- need prior written approval from the quate in relation to the potential risks Board: facing the credit union and the min- (1) Any other basic bond form; or imum requirements set by the Board. (2) Any rider or endorsement that [64 FR 28720, May 27, 1999, as amended at 64 limits coverage of approved basic bond FR 57365, Oct. 25, 1999] forms.

§ 713.3 What bond coverage must a [64 FR 28720, May 27, 1999, as amended at 70 credit union have? FR 61716, Oct. 26, 2005; 73 FR 30478, May 28, 2008] At a minimum, your bond coverage must: § 713.5 What is the required minimum (a) Be purchased in an individual pol- dollar amount of coverage? icy from a company holding a certifi- (a) The minimum required amount of cate of authority from the Secretary of the Treasury; and fidelity bond coverage for any single (b) Include fidelity bonds that cover loss is computed based on a federal fraud and dishonesty by all employees, credit union’s total assets.

Assets Minimum bond

$0 to $4,000,000 ...... Lesser of total assets or $250,000. $4,000,001 to $50,000,000 ...... $100,000 plus $50,000 for each million or fraction thereof over $1,000,000. $50,000,000 to $500,000,000 ...... $2,550,000 plus $10,000 for each million or fraction thereof over $50,000,000, to a maximum of $5,000,000. Over $500,000,000 ...... One percent of assets, rounded to the nearest hundred million, to a maximum of $9,000,000.

(b) This is the minimum coverage re- credit unions should maintain in- quired, but a federal credit union’s creased coverage equal to the greater board of directors should purchase ad- of either of the following amounts ditional or enhanced coverage when its within thirty days of discovery of the circumstances warrant. In making this need for such increase: determination, a board of directors (1) The amount of the daily cash should consider its own internal risk fund, i.e. daily cash plus anticipated assessment, its fraud trends and loss daily money receipts on the credit experience, and factors such as its cash union’s premises, or on hand, cash in transit, and the na- (2) The total amount of the credit ture and risks inherent in any ex- union’s money in transit in any one panded services it offers such as wire shipment. transfer and remittance services. (3) Increased coverage is not required (c) While the above is the required pursuant to paragraph (c) of this sec- minimum amount of bond coverage, tion, however, when the credit union

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temporarily increased its cash fund be- twenty days in advance of the proposed cause of unusual events which cannot effective date of the reduction. reasonably be expected to recur. (d) Any aggregate limit of liability [64 FR 28720, May 27, 1999, as amended at 70 provided for in a fidelity bond policy FR 61716, Oct. 26, 2005] must be at least twice the single loss § 713.6 What is the permissible deduct- limit of liability. This requirement ible? does not apply to optional insurance coverage. (a)(1) The maximum amount of al- (e) Any proposal to reduce your re- lowable deductible is computed based quired bond coverage must be approved on a federal credit union’s asset size in writing by the NCUA Board at least and capital level, as follows:

Assets Maximum deductible

$0 to $100,000 ...... No deductible allowed. $100,001 to $250,000 ...... $1,000. $250,000 to $1,000,000 ...... $2,000. Over $1,000,000...... $2,000 plus 1/1000 of total assets up to a maximum of $200,000; for credit unions over $1 million in assets that qualify for NCUA’s Regulatory Flexibility Program in Part 742, the maximum deductible is $1,000,000.

(2) The deductibles may apply to one notify the appropriate NCUA regional or more insurance clauses in a policy. office in writing of its changed status Any deductibles in excess of the above and confirm that it has obtained the amounts must receive the prior written required coverage. permission of the NCUA Board. [64 FR 28720, May 27, 1999, as amended at 70 (b) A deductible may not exceed 10 FR 61716, Oct. 26, 2005] percent of a credit union’s Regular Re- serve unless a separate Contingency § 713.7 May the NCUA Board require a Reserve is set up for the excess. In credit union to secure additional in- computing the maximum deductible, surance coverage? valuation accounts such as the allow- The NCUA Board may require addi- ance for loan losses cannot be consid- tional coverage when the Board deter- ered. mines that a credit union’s current (c) A credit union’s eligibility to coverage is inadequate. The credit qualify for a deductible in excess of union must purchase this additional $200,000 is determined based on it hav- coverage within 30 days. ing assets in excess of $1 million as re- flected in its most recent year-end 5300 PART 714—LEASING call report and, as of that same year- end, qualifying for NCUA’s Regulatory Sec. Flexibility Program under part 742 of 714.1 What does this part cover? this title as determined by its most re- 714.2 What are the permissible leasing ar- cent examination report. A credit rangements? union that previously qualified for a 714.3 Must you own the leased property in deductible in excess of $200,000, but an indirect leasing arrangement? that subsequently fails to qualify based 714.4 What are the lease requirements? 714.5 What is required if you rely on an esti- on its most recent year-end 5300 call re- mated residual value greater than 25% of port because either its assets have de- the original cost of the leased property? creased or it no longer meets the net 714.6 Are you required to retain salvage worth requirements of part 742 of this powers over the leased property? title or fails to meet the CAMEL rating 714.7 What are the insurance requirements requirements of part 742 of this title as applicable to leasing? determined by its most recent exam- 714.8 Are the early payment provisions, or interest rate provisions, applicable in ination report, must obtain the cov- leasing arrangements? erage otherwise required by paragraph 714.9 Are indirect leasing arrangements sub- (b) of this section within 30 days of fil- ject to the purchase of eligible obligation ing its year-end call report and must limit set forth in § 701.23 of this chapter?

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