§ 23-35-603 - Loans and extensions of credit in advance.
               	 		
23-35-603.    Loans and extensions of credit in advance.
    (a)  A  credit union may loan to members for a provident or productive purpose  and upon such security as the bylaws may provide and as the credit  committee or loan officer shall approve.
(b)    (1)  No  loan shall bear an interest rate to exceed the highest lawful rate  permitted under the Constitution of the State of Arkansas.
      (2)  No  credit union shall charge the borrower anything of value in connection  or in association with the loan, other than repayment of the unpaid  principal balance and interest. However, on loans secured by real estate  a credit union may charge a loan origination fee not to exceed three  percent (3%) of the original principal balance of the loan. A borrower  may be charged for the cost of appraisals and credit investigations. If  permitted by the bylaws, the borrowing members may be charged for the  cost of the filing fees on security instruments in connection with the  transaction.
(c)  Every application  for a loan shall be made upon a form, which the credit committee has  prescribed and the board of directors of the credit union has approved,  which shall state at least the purpose for which the loan is desired,  the security, if any, offered, the amount of the loan being applied for,  and any other information which may be required to determine the  financial ability of the applicant to repay the loan.
(d)  Every loan shall be evidenced by a written instrument.
(e)    (1)  No unsecured loan shall be made to any member in an aggregate amount in excess of three thousand dollars ($3,000).
      (2)  No  secured loan shall be made to any member in an aggregate amount in  excess of ten percent (10%) of the credit union's total assets.
      (3)  No  loan shall be made to any member if, in the aggregate, the balances of  the secured and unsecured loans outstanding to that member exceed ten  percent (10%) of the total assets of the credit union.
      (4)  Secured  and unsecured loans made against joint accounts shall be included in  the aggregate and shall not be allocated to each joint tenant in  determining the loan amounts set forth in this subsection.
      (5)  If  the State Credit Union Supervisor in his discretion determines that the  ten percent (10%) limit as set out in this subsection is operating to  the detriment of a credit union, he may by rule or order reduce the ten  percent (10%) limit.
(f)    (1)  No  loan shall be made unless it has been approved by a loan officer or has  received approval of a majority of the members of the credit committee  in conformity with the other provisions of this chapter.
      (2)  A  loan or aggregate of loans to a director or member of the supervisory  or credit committee of the credit union making the loan which exceeds  six thousand dollars ($6,000) plus pledged shares shall be approved by a  majority of the credit committee and a majority of the board members  present. No member of the board or the credit committee may take part in  the consideration of his loan application.
(g)    (1)  Loans  may be granted to members of the credit union, secured by a first or  second mortgage on real estate. The aggregate of the loans shall not  exceed eighty percent (80%) of the market value of the real estate which  is set forth in an appraisal prepared by an independent qualified real  estate appraiser. The loans shall also provide for substantially equal  monthly payments for insurance premiums and taxes assessed against the  security. The total outstanding balance of all first mortgage loans on  real estate shall not exceed thirty percent (30%) of the outstanding  shares of the credit union.
      (2)  For purposes of this subsection and applicable rules:
            (A)  "Appraisal"  means an objective estimate of value based upon a physical examination  and evaluation which shall disclose the market value of the security  offered by use of the market sales approach which shall be supported by  an analysis of comparable properties in the immediate area. The market  value shall also be supported by use of the cost and income appraisal  methods if conditions warrant and shall include documentation of the  purchase price of the property offered as security;
            (B)  "Independent  qualified real estate appraiser" means a person who is experienced in  the appraisal of the type of real estate being offered as security, who  is actively engaged in real estate appraisal work and whose  qualifications are demonstrated by membership in a national professional  appraisal organization, or who is licensed to appraise in the state in  which the real estate is located, or who is acceptable as an appraiser  by an insuring or guaranteeing agency of the federal or state government  and who has no present or contemplated future interest in the property  being appraised; and
            (C)  "Market  value" means the highest price which real property will bring in a  competitive and open market under all conditions requisite to a fair  sale, the buyer and seller each acting prudently and knowledgeably, and  assuming the price is not affected by undue stimulus.
(h)    (1)  A  credit union may make any loan insured by any federal program on terms  set out in the applicable federal legislation, and that insurance shall  be deemed adequate security.
      (2)    (A)  In  addition to generally accepted types of security, the endorsement of a  note by a guarantor or assignment of shares or wages, in a manner  consistent with the laws of Arkansas, shall be deemed security within  the meaning of this chapter.
            (B)  For  purposes of this subsection and applicable rules a "guarantor" means  one who enters into an enforceable guaranty agreement and provides  current financial statements showing a net worth free of homestead and  subject to execution in an amount at least equal to the amount of the  loan.
            (C)  The guaranty  agreement and the financial statements must be presented to the credit  committee of the credit union for consideration and then placed in the  file of the borrower.
      (3)  The  adequacy of all securities shall be within the determination of the  credit committee or loan officer, subject to the provisions of this  chapter and the bylaws.
(i)  A member  may receive a loan in installments or in one (1) sum, and he may pay  the whole or any part of this loan on any day in which the credit union  office is open for business.
(j)  The  credit committee may approve an extension of credit in advance, upon  its own motion or upon application by a member, and loans may be granted  to the member within the limits of the extension of credit. Where an  extension of credit has been approved, applications for loans need no  further consideration as long as the aggregate obligation does not  exceed the limits of the extension of credit. The credit committee shall  review all extensions of credit at least once a year, and any extension  of credit shall expire if the member becomes more than ninety (90) days  delinquent in his obligations to the credit union.
(k)  No  director, member of the credit or supervisory audit committee, or  credit union employee shall cosign, endorse, or act as a guarantor for  any borrower from the credit union.