# Financial Institutions (GFI)

## Title 7. Credit Union Share Insurance

### Subtitle 1. Credit Union Insurance Corporation

#### Section 7-101

(a) In this subtitle the following words have the meanings indicated.

(b) "Corporation" means the Credit Union Insurance Corporation.

(c) "Credit union" means:

  (1) Any credit union that is incorporated under the laws of this State; and

  (2) Any other credit union that is authorized to do business in this State and has its principal office in this State.

#### Section 7-102

(a) There is a Credit Union Insurance Corporation, established as a nonprofit, nonstock corporation, the members of which are credit unions that are accepted for membership under this part.

(b)

  (1) The Corporation is not and may not be deemed a department, unit, agency, or instrumentality of the State for any purpose.

  (2) All debts, claims, obligations, and liabilities of the Corporation, whenever incurred, shall be the debts, claims, obligations, and liabilities of the Corporation only and not of the State, its agencies, instrumentalities, officers, or employees.

  (3) The Corporation money may not be considered part of the General Fund of the State.

  (4) The debts, claims, obligations, and liabilities of the Corporation may not be considered to be a debt of the State or a pledge of its credit.

#### Section 7-103

The purposes of the Corporation are to:

(1) Insure and guarantee the share and deposit accounts of member credit unions;

(2) Improve and stimulate the ability of credit unions to provide low-cost consumer loans;

(3) Promote the elasticity and flexibility of the resources of credit unions;

(4) Make loans for liquidity purposes to credit unions;

(5) Discount notes of credit unions;

(6) Provide a State service of lending among credit unions;

(7) Help rehabilitate and stabilize credit unions;

(8) Help liquidate credit unions in an orderly manner when necessary;

(9) Help strengthen and develop credit unions serving low-income individuals; and

(10) Cooperate with and assist credit unions, organizations of credit unions, the Commissioner, the National Credit Union Administration, and others in improving the general welfare of the people through credit unions.

#### Section 7-104

(a) The Corporation exercises its powers and performs its duties subject to the authority of the Commissioner.

(b) Except as otherwise provided in this subtitle, the Corporation has all of the powers, privileges, and immunities granted to Maryland corporations under the Maryland General Corporation Law.

(c) Subject to the provisions of Part III of this subtitle, the Corporation has perpetual existence.

(d) The Corporation may:

  (1) Lend money to any credit union;

  (2) Guarantee, endorse, or act as surety on the obligations of or otherwise assist financially any credit union; and

  (3) Establish and regulate the terms and conditions of and charges for any loans or financial assistance to credit unions.

(e)

  (1) The Corporation may buy, lease, or otherwise acquire and sell, mortgage, lease, or otherwise dispose of real or personal property on the terms that its Board of Directors considers advisable.

  (2) The Corporation may acquire any real or personal property in satisfaction of debts or enforcement of obligations and may dispose of that property.

(f) The Corporation may:

  (1) Assist in the merger, stabilization, consolidation, or liquidation of credit unions; and

  (2) Take possession of and operate the business and assets of any credit union if ordered to do so by the Commissioner under Sec. 6-905 of this article.

(g) The Corporation may become a member of the National Association of Share Insurance Corporations or any comparable organization.

(h) The Corporation may invest any of its funds in:

  (1) Cash or deposits in checking or savings accounts with or certificates of deposit of:

    (i) Any bank that is a member of the Federal Deposit Insurance Corporation; and

    (ii) Any savings and loan association whose deposits are insured by the Federal Deposit Insurance Corporation;

  (2) Cash or deposits in share or deposit accounts with or certificates of deposit or notes of any credit union that is a member of the Corporation, the National Credit Union Administration Share Insurance Program, or a similar insurance program;

  (3) Obligations of:

    (i) The United States or any state or any political subdivision of any state;

    (ii) Any commission, instrumentality, agency, or authority of the United States or any state; and

    (iii) Any corporation that is incorporated under the laws of the United States or of any state;

  (4) Readily marketable, dividend-paying shares of any corporation that is incorporated under the laws of the United States or of any state, except that it may not invest more than 10 percent of its total assets in these shares nor more than 3 percent of its total assets in the shares of any one corporation; and

  (5) Any other investments, including common trust investments, that are permitted by law or authorized by the Commissioner for credit unions.

(i) The Corporation may:

  (1) Borrow money and otherwise incur obligations for any of its purposes;

  (2) Issue its secured or unsecured bonds, debentures, notes, or other evidences of obligation; and

  (3) Secure these obligations by mortgage, pledge, or other lien on all or any part of its property, rights, and privileges.

#### Section 7-105

(a) The Corporation shall insure and guarantee the share and deposit accounts of each member on the same basis, and to the same extent and amount as provided by the National Credit Union Administration Share Insurance Program.

(b) The Corporation may make contracts for reinsurance.

#### Section 7-106

(a)

  (1) Subject to the provisions of Part III of this subtitle, any credit union may apply to the Corporation to become a member of the Corporation.

  (2) The Corporation shall refer each application that it receives to the Commissioner.

(b)

  (1) On receipt of an application for membership, the Commissioner shall examine the affairs of the credit union.

  (2) If the Commissioner finds that the credit union qualifies for membership under Sec. 7-107 of this subtitle, the Commissioner shall certify that fact to the Corporation.

(c) The Corporation may not extend benefits to any credit union until the Corporation receives the certification of the Commissioner.

#### Section 7-107

(a)

  (1) A credit union becomes a member of the Corporation when:

    (i) The financial affairs, solvency, and management of a credit union have been certified by the Commissioner as approved for insurance of its share and deposit accounts; and

    (ii) The application of the credit union is accepted by the Board of Directors of the Corporation.

  (2) The Board of Directors of the Corporation may deny the application of a credit union only for good cause shown.

(b) Subject to the bylaws, rules, and regulations of the Corporation and except as provided in subsection (c) of this section and Part III of this subtitle, membership in the Corporation continues as long as the Corporation exists.

(c)

  (1) If the Board of Directors of the Corporation finds that unsafe or unsound practices or mismanagement of a member threatens loss to the Corporation or appears to affect adversely the solvency of the member, the Board may:

    (i) Order the member to correct the situation; or

    (ii) With the approval of the Commissioner and after giving the member notice and an opportunity for a hearing, revoke the membership of the credit union.

  (2) A credit union that is organized under federal law or the laws of any other state may withdraw from the Corporation by:

    (i) Giving written notice at least 1 year in advance; and

    (ii) Complying with the bylaws, rules, and regulations of the Corporation.

(d) Each member of the Corporation shall make the investments and pay the assessments, premiums, and other charges required for participation in the Corporation.

#### Section 7-108

(a) In the election of directors and in voting on any other matter at a meeting of the members of the Corporation, each member has one vote, to be cast by its delegate.

(b) A delegate may not vote on behalf of more than one member.

(c) A majority of the votes cast is sufficient to elect directors or decide any questions voted on by the members.

#### Section 7-109

(a) The powers of the Corporation shall be exercised by its Board of Directors.

(b) The Board of Directors consists of 11 directors elected by the members of the Corporation.

(c) Each director shall be a resident of this State.

(d)

  (1) Each director serves for a term of 4 years and until a successor is chosen and qualifies.

  (2) The terms of the directors shall be staggered as required by the terms provided for directors on July 1, 1988.

  (3) If a vacancy occurs as to an elected director, the Board of Directors shall elect a successor to fill the vacancy until the next annual meeting of the members of the Corporation. At the annual meeting, the members of the Corporation shall elect a successor to serve for the rest of the term and until a successor is elected and qualifies.

(e) A majority of the full authorized membership of the Board of Directors is a quorum.

(f) Each director is entitled to reasonable compensation, as set by the Board of Directors with the approval of the Commissioner.

#### Section 7-110

(a)

  (1) The Board of Directors of the Corporation:

    (i) Shall elect one of its members as chairman of the Board; and

    (ii) May appoint any officers and employees that it considers advisable.

  (2) The manner of election of the chairman and appointment of officers and their terms of office shall be as the bylaws provide.

(b) In accordance with the bylaws of the Corporation, the Board of Directors shall set the amount of the fidelity bonds of the officers and employees of the Corporation.

#### Section 7-111

(a) The Board of Directors of the Corporation shall adopt bylaws for the Corporation and rules and regulations to carry out the provisions of this title.

(b)

  (1) A bylaw, rule, or regulation becomes effective only after it is submitted to and approved by the Commissioner.

  (2) A bylaw, rule, or regulation is considered approved if the Commissioner does not notify the Corporation of disapproval and the reasons for it within 30 days after submission of the bylaw, rule, or regulation.

  (3) The Commissioner may disapprove a bylaw, rule, or regulation only if the Commissioner has reason to believe that:

    (i) It is contrary to the principles or purposes of this title; or

    (ii) It does not serve the best interests of the public.

#### Section 7-112

The Corporation may require independent audits and investigations of any member to determine the member's financial condition as it relates to insurance of share and deposit accounts. These audits and investigations shall be made at the expense of the credit union.

#### Section 7-113

(a) This section applies notwithstanding any other provisions of law.

(b)

  (1) The Corporation and the Commissioner may exchange information about credit unions.

  (2) The Commissioner shall make available to the Corporation all examinations of credit unions that are members of the Corporation.

(c) If a credit union is not incorporated under the laws of this State, the credit union may not be accepted as a member of the Corporation unless it submits a written statement from the agency that regulates it stating that the agency will cooperate with the Commissioner in carrying out the provisions of this title.

#### Section 7-114

The net earnings of the Corporation shall be accumulated and may not be returned to its members.

#### Section 7-115

The Corporation, its members, and persons who have share and deposit accounts in credit unions are not subject to the provisions of the Insurance Article as a result of any of the activities of the Corporation under this title.

#### Section 7-116

The Corporation is exempt from all taxes imposed by this State or any of its political subdivisions under Sec.Sec. 20-101, 20-104, 20-108, 20-113 through 20-127, 20-601, 20-603 through 20-609, 20-805, and 20-806, and Title 20, Subtitles 3 through 5 of the Local Government Article, Title 6, Subtitle 1 of the Insurance Article, the Tax - General Article, or the Tax - Property Article.

#### Section 7-117

This title does not, and the Corporation may not, pledge the faith or credit of this State.

#### Section 7-118

(a) The Corporation may not accept an application from a credit union for new membership on or after the date that the Commissioner issues the first certificate of authority under Sec. 7-203 of this title.

(b) The Commissioner shall notify the Corporation of the date that the Commissioner issues the first certificate of authority under Sec. 7-203 of this title.

#### Section 7-119

(a) A credit union that is a member of the Corporation shall obtain primary share guaranty insurance with:

  (1) The National Credit Union Administration Share Insurance Program; or

  (2) A credit union share guaranty corporation regulated under Subtitle 2 of this title that is approved by the Commissioner to provide primary share guaranty insurance at least to the same extent and amount as provided by the National Credit Union Administration Share Insurance Program.

(b) A credit union that is a member of the Corporation shall comply with the provisions of subsection (a) of this section within 2 years after the date that the Commissioner issues the first certificate of authority under Sec. 7-203 of this title.

#### Section 7-120

(a)

  (1) In this section, "assets" means:

    (i) All net earnings of the Corporation accumulated under Sec. 7-114 of this subtitle; and

    (ii) All real or tangible or intangible personal property of the Corporation.

  (2) In this section, "assets" does not include member deposits.

(b) Within 2 years after the date that the Corporation no longer has any members, the Corporation shall complete the dissolution of the Corporation in accordance with the provisions of this section.

(c)

  (1) When the Corporation no longer has any members, the Corporation shall file articles of dissolution with the Commissioner and the State Department of Assessments and Taxation.

  (2) Except as provided in subsection (d) of this section, the Corporation is dissolved when the Commissioner accepts the Corporation's articles of dissolution.

(d)

  (1) The Corporation continues to exist for the purpose of collecting money owing to the Corporation, paying, satisfying, and discharging any existing debts or obligations, collecting and distributing the Corporation's assets, and doing all other acts required to liquidate and wind up the business and affairs of the Corporation.

  (2) After paying, satisfying, and discharging any existing debts or obligations, the Corporation shall transfer its remaining assets to a corporation that satisfies the requirements of subsection (e) of this section.

(e) The corporation receiving the assets under subsection (d)(2) of this section shall:

  (1) Be a nonprofit corporation that is exempt from federal taxation under Sec. 501(c)(3) of the Internal Revenue Code;

  (2) Have been organized:

    (i) For educational and charitable purposes; and

    (ii) To promote and publicize the interest and welfare of credit unions and their members in this State; and

  (3) Have been in existence and operating under a charter that includes the following purposes for at least 10 years:

    (i) Promoting the ideals of the credit union movement, including the cooperative nonprofit aspect, democratic aspect, the common bond, volunteerism, personalized service, cooperative spirit, and the encouragement of thrift and the creation of a source of credit at fair and reasonable rates;

    (ii) Helping to strengthen and develop credit unions serving low-income individuals;

    (iii) Improving and stimulating the ability of credit unions to provide low-cost consumer loans;

    (iv) Promoting the elasticity and flexibility of the resources of credit unions;

    (v) Conducting or funding research on all aspects of credit union operations and the credit union movement in general;

    (vi) Cooperating and assisting credit unions and local and national organizations and credit unions to improve the general welfare of the people through credit unions;

    (vii) Providing scholarships and awards to professionals and volunteers in the credit union movement; and

    (viii) Furthering the credit union movement and performing all necessary and properly related services and activities.

(f) The Corporation shall promptly notify the Commissioner following the completion of the liquidation and the winding up of the business and affairs of the Corporation.

#### Section 7-121

The Commissioner may require the Corporation to provide any information that the Commissioner deems necessary to determine whether the phase-out and dissolution of the Corporation are in accordance with the provisions of this part.

### Subtitle 2. Credit Union Share Guaranty Corporations

#### Section 7-201

(a) In this subtitle the following words have the meanings indicated.

(b) Unless the context requires otherwise, "credit union" has the meaning stated in Sec. 6-101(d) of this article.

(c) "Credit union share guaranty corporation" means a corporation that is:

  (1) Engaged in the business of providing primary share guaranty insurance for the share and deposit accounts of a credit union; and

  (2) Regulated under this subtitle.

(d) "Participating credit union" means a credit union that has applied for and been admitted to participation in a credit union share guaranty corporation and whose participation has not terminated.

#### Section 7-202

The provisions of this subtitle do not apply to the Credit Union Insurance Corporation established under Subtitle 1 of this title.

#### Section 7-203

(a) A person may not conduct business as a credit union share guaranty corporation unless the person has a certificate of authority issued by the Commissioner under this subtitle.

(b) A certificate of authority issued by the Commissioner under this subtitle is not transferrable.

#### Section 7-204

(a) A credit union share guaranty corporation shall insure and guarantee the share and deposit accounts of each participating credit union to at least the same extent and amount as provided by the National Credit Union Administration Share Insurance Program.

(b) A credit union share guaranty corporation may make contracts for reinsurance.

#### Section 7-205

(a) To qualify for a certificate of authority under this subtitle, an applicant shall satisfy the Commissioner that the applicant:

  (1) Is trustworthy and reputable;

  (2) Has a good business reputation;

  (3) If domiciled outside the State, is currently licensed and authorized to engage in the credit union share guaranty business in its state of domicile;

  (4) Has and will maintain retained earnings or equity capital of at least $5,000,000, computed in accordance with generally accepted accounting principles;

  (5) Is in compliance with:

    (i) Its charter and this subtitle; and

    (ii) If domiciled outside the State, all laws and regulations applicable to credit union share guaranty corporations in its state of domicile;

  (6) Will conduct the credit union share guaranty business in the State in a manner that will adequately protect the share and deposit accounts of its participating credit unions; and

  (7) Will maintain reserves for guaranty losses in compliance with Sec. 7-217 of this subtitle.

(b) A person may not be authorized to engage in the credit union share guaranty business in the State if the person has or uses a name that is so similar to the name of a credit union share guaranty corporation already issued a certificate of authority under this subtitle as to tend to cause uncertainty or confusion or to deceive or mislead.

#### Section 7-206

(a)

  (1) To apply for a certificate of authority, an applicant shall sign and submit to the Commissioner an application made under oath on the form that the Commissioner requires.

  (2) The application shall include:

    (i) The applicant's corporate name, business address, and any trade names under which the applicant conducts business;

    (ii) The name and business address of each of the applicant's officers and directors;

    (iii) The address at which the business is to be conducted;

    (iv) The name and address of the applicant's proposed resident agent in the State; and

    (v) Any other information that the Commissioner reasonably requires.

(b) With the application, the applicant shall submit:

  (1) A certified copy of its articles of incorporation with all amendments;

  (2) A certified copy of its bylaws with all amendments;

  (3) A copy of the applicant's annual financial statements as of the immediately preceding December 31, prepared in accordance with generally accepted accounting principles and audited and certified by an independent certified public accountant;

  (4) If domiciled outside the State, a copy of the applicant's most recent report of examination, if any, made by the responsible supervisory official in its state of domicile;

  (5) If domiciled outside the State, certification by the responsible supervisory official in its state of domicile showing that the applicant is authorized to engage in the credit union share guaranty business in that state;

  (6) A copy of the applicant's current standard written contract with participating credit unions containing the rights and obligations of the parties; and

  (7) Any other information and documents that the Commissioner reasonably requires.

(c) With the application, the applicant shall pay to the Commissioner a nonrefundable application fee of $5,000.

#### Section 7-207

(a) When an applicant for a certificate of authority files the application and pays the application fee required under Sec. 7-206 of this subtitle, the Commissioner shall conduct an investigation to determine if the applicant meets the requirements of Sec. 7-205 of this subtitle.

(b) Unless the Commissioner notifies the applicant that a different time period is necessary, the Commissioner shall approve or deny each application for a certificate of authority within 120 days after the complete application is filed and the application fee is paid.

(c) The Commissioner shall issue a certificate of authority to any applicant who meets the requirements of this subtitle.

#### Section 7-208

(a) If an application for a certificate of authority is denied, the notification of the denial shall:

  (1) Be in writing; and

  (2) State the applicant's right to a hearing held in accordance with the Administrative Procedure Act.

(b) An applicant who seeks a hearing on an application denial shall file a written request for a hearing within 30 days following receipt of the notice of the applicant's right to a hearing.

#### Section 7-209

(a) The Commissioner may suspend or revoke the certificate of authority of a credit union share guaranty corporation if the credit union share guaranty corporation or a director or officer of the credit union share guaranty corporation:

  (1) Makes a material misstatement in an application for a certificate of authority;

  (2) Is convicted under the laws of the United States or any state of:

    (i) A felony; or

    (ii) A misdemeanor that is directly related to the activities authorized by the certificate of authority;

  (3) In connection with any credit union share guaranty transaction:

    (i) Commits a fraud;

    (ii) Engages in an illegal or dishonest activity; or

    (iii) Misrepresents or fails to disclose a material fact to a person entitled to that information;

  (4) Violates any provision of this subtitle, any rule or regulation adopted under this subtitle, or any other law regulating credit union share guaranty business in the State, or fails to comply with an order of the Commissioner;

  (5) Is found by the Commissioner to be in unsound condition or in a condition that renders further transaction of credit union share guaranty business hazardous to participating credit unions, the members of the participating credit unions, or the public;

  (6) Refuses or delays payment of amounts due claimants without just cause;

  (7) Refuses to be examined or to produce records or files for examination by the Commissioner when required;

  (8) Refuses to provide additional information reasonably requested by the Commissioner; or

  (9) Otherwise demonstrates unworthiness, bad faith, dishonesty, or any other quality that indicates that the business of the credit union share guaranty corporation has not been or will not be conducted honestly, fairly, and equitably.

(b) In determining whether the certificate of authority of a credit union share guaranty corporation should be suspended or revoked for a conviction listed in subsection (a)(2) of this section, the Commissioner shall consider:

  (1) The nature of the crime;

  (2) The relationship of the crime to the activities authorized by the certificate of authority;

  (3) The relevance of the conviction to the fitness and qualification of the credit union share guaranty corporation to engage in the credit union share guaranty business;

  (4) The length of time since the conviction; and

  (5) The behavior and activities of the credit union share guaranty corporation since the conviction.

(c)

  (1) The Commissioner may enforce the provisions of this subtitle and any rule or regulation adopted under this subtitle by:

    (i) Issuing an order to the credit union share guaranty corporation or entering into an agreement under which the credit union share guaranty corporation agrees:

      (1) To cease and desist from the violation and any further similar violations; and

      (2) To take affirmative action to correct the violation, including the restitution of money or property to any person aggrieved by the violation; and

    (ii) Imposing a civil penalty not exceeding $1,000 for each violation.

  (2) If a violator fails to comply with an order or agreement under this subsection, the Commissioner may impose a civil penalty not exceeding $1,000 for each violation from which the violator failed to cease and desist or for which the violator failed to take affirmative corrective action.

(d) The Commissioner may file a petition in the circuit court for a county seeking enforcement of an order issued under this section.

(e) In determining the amount of financial penalty to be imposed under subsection (c) of this section, the Commissioner shall consider:

  (1) The seriousness of the violation;

  (2) The good faith of the violator;

  (3) The violator's history of previous violations;

  (4) The deleterious effect of the violation on the public and holders of credit union share or deposit accounts;

  (5) The assets of the violator; and

  (6) Any other factors relevant to the determination of the financial penalty.

(f)

  (1) Before the Commissioner takes any action under subsection (a) or (c) of this section, the Commissioner shall give the credit union share guaranty corporation an opportunity for a hearing.

  (2) A hearing under this subtitle shall be held in accordance with the Administrative Procedure Act.

  (3) The hearing notice shall be sent by certified mail, return receipt requested, to the credit union share guaranty corporation to the principal place of business of the credit union share guaranty corporation at least 30 days before the hearing.

#### Section 7-210

(a)

  (1) The Commissioner:

    (i) Shall examine the business of each credit union share guaranty corporation at least once every 24 months; and

    (ii) May examine the business of each credit union share guaranty corporation at any time that the Commissioner reasonably considers necessary.

  (2) The Commissioner may enter into agreements with third parties and delegate the authority to conduct an examination required or permitted under this subsection.

  (3) In lieu of performing an examination of a credit union share guaranty corporation, the Commissioner may accept an examination report from the responsible supervisory official of the credit union share guaranty corporation's state of domicile.

(b)

  (1) A person aggrieved by the conduct of a credit union share guaranty corporation under this subtitle in connection with the credit union share guaranty business may file a written complaint with the Commissioner who may investigate the complaint.

  (2) The Commissioner may make any other investigation of any person if the Commissioner has reasonable cause to believe that the person has violated any provision of this subtitle, any regulation adopted under this subtitle, or any other law regulating credit union share guaranty corporations in the State.

(c) In connection with an examination or investigation made under this section, the Commissioner may:

  (1) Examine the books and records of any credit union share guaranty corporation or of any other person who the Commissioner believes has violated any provision of this subtitle, any regulation adopted under this subtitle, or any other law regulating credit union share guaranty corporations in the State;

  (2) Subpoena documents or other evidence; or

  (3) Summon and examine under oath any individual whose testimony the Commissioner requires.

(d) If any person fails to comply with a subpoena or summons issued by the Commissioner under this section, the Commissioner may file a petition for enforcement in the appropriate circuit court.

#### Section 7-211

(a) A credit union share guaranty corporation shall pay all reasonable expenses for transportation, lodging, and meals associated with:

  (1) An examination required or permitted under Sec. 7-210 of this subtitle; and

  (2) Any other examination or investigation conducted under this article that results in the discovery of a violation of this subtitle by the credit union share guaranty corporation.

(b)

  (1) A credit union share guaranty corporation shall pay an annual assessment of $5,000.

  (2) A credit union share guaranty corporation shall pay the assessment imposed under paragraph (1) of this subsection to the Commissioner on or before February 15 after the assessment is imposed.

#### Section 7-212

(a)

  (1) On or before April 1 of each year, unless the Commissioner extends the time for good cause, each credit union share guaranty corporation shall file with the Commissioner an annual report for the immediately preceding calendar year.

  (2) The annual report shall include:

    (i) The annual financial statement of the credit union share guaranty corporation prepared in accordance with generally accepted accounting principles and audited and certified by an independent certified public accountant that contains:

      (1) A balance sheet;

      (2) An income statement;

      (3) A statement of cash flows;

      (4) A statement of changes of the credit union share guaranty corporation's equity; and

      (5) Notes to the financial statement;

    (ii) The following information regarding all participating credit unions, as appropriate, regardless of the state in which a participating credit union is domiciled:

      (1) The composite CAMEL rating of each credit union if the composite CAMEL rating of a credit union is 4 or 5; and

      (2) Any current administrative action or any current plan for corrective action concerning each credit union initiated by the credit union share guaranty corporation or the responsible supervisory official in the credit union's state of domicile; and

    (iii) An analysis of the components of the guaranty fund required under Sec. 7-216 of this subtitle, including any reserves for guaranty losses established under Sec. 7-217 of this subtitle.

  (3) Unless the Commissioner extends the time for filing, a credit union share guaranty corporation that fails to file an annual report on or before April 10 shall pay a penalty of $100 for each day from April 1 to the day before the Commissioner receives the report.

(b) At any time, the Commissioner may require a credit union share guaranty corporation to file an interim report containing the information that the Commissioner considers necessary.

#### Section 7-213

(a) This section applies notwithstanding any other provision of law.

(b) A credit union share guaranty corporation and the Commissioner may exchange information, including information obtained during an examination, about a participating credit union or a credit union that is applying for participation in the credit union share guaranty corporation.

(c) The Commissioner may exchange information, including information obtained during an examination, about a credit union share guaranty corporation with any state or federal agency having supervisory authority over the credit union share guaranty corporation.

#### Section 7-214

(a) A credit union share guaranty corporation shall have a written contract with each participating credit union that clearly establishes the rights and obligations of the parties.

(b) At least 30 days before the effective date of any material amendment to the standard written contract that is submitted under Sec. 7-206(b) of this subtitle, the credit union share guaranty corporation shall file the amendment with the Commissioner.

#### Section 7-215

A credit union share guaranty corporation shall provide written notice to the Commissioner of:

(1) The receipt from a credit union of an application for participation in the credit union share guaranty corporation;

(2) The credit union share guaranty corporation's underwriting decision regarding the application for participation; and

(3) The voluntary or involuntary termination of the participation of a credit union in the credit union share guaranty corporation.

#### Section 7-216

(a)

  (1) Except as provided in paragraph (2) of this subsection, a credit union share guaranty corporation shall establish and maintain a guaranty fund of at least 1 percent of the aggregate shares and deposits of the participating credit unions.

  (2) A credit union share guaranty corporation that is domiciled outside the State may maintain a guaranty fund at the level permitted by its state of domicile if the credit union share guaranty corporation:

    (i) Has been domiciled in that state for at least 25 years immediately preceding the date of the credit union share guaranty corporation's completed application for a certificate of authority;

    (ii) Has engaged in the credit union share guaranty business for at least 25 years immediately preceding the date of the credit union share guaranty corporation's completed application for a certificate of authority; and

    (iii) The business of the credit union share guaranty corporation is subject to regulation by its state of domicile.

(b) The guaranty fund shall be composed of the following:

  (1) The account for each participating credit union;

  (2) Retained earnings; and

  (3) Any reserves established under Sec. 7-217 of this subtitle.

(c) The amount of the account of each participating credit union shall be carried on the books of the participating credit union as an asset.

(d) Notwithstanding any other provision of this subtitle, a credit union share guaranty corporation may require a participating credit union to make additional capital contributions to maintain the normal operating level during any calendar year in which the fund has been reduced below the minimum operating level as a result of payment of any deficiencies in credit union share accounts.

(e) Within 60 days of the assessment, a credit union share guaranty corporation shall file with the Commissioner a report of each capital contribution that the credit union share guaranty corporation requires under subsection (d) of this section.

(f)

  (1) If a participating credit union fails to pay an annual capital contribution, premium, fee, or assessment when due, the credit union share guaranty corporation:

    (i) Within 10 days after the failure, shall report the failure in writing to the Commissioner; and

    (ii) After 30 days' notice, may revoke the participating credit union's participation in the credit union share guaranty corporation, unless good cause is shown for the failure.

  (2) The 30-day notice of revocation required under paragraph (1)(ii) of this subsection does not apply to the revocation of excess coverage.

(g)

  (1) Subject to the provisions of paragraph (2) of this subsection, a credit union share guaranty corporation shall refund to a participating credit union an amount equal to the balance of the participating credit union's capital contribution account, less any outstanding debts owed to the credit union share guaranty corporation, if the participating credit union:

    (i) Voluntarily dissolves;

    (ii) Obtains primary share guaranty insurance from the National Credit Union Administration Share Insurance Program or another credit union share guaranty corporation regulated under this subtitle; or

    (iii) Merges or consolidates with another credit union that results in the share and deposit accounts of the surviving or new credit union being insured by the National Credit Union Administration Share Insurance Program or another credit union share guaranty corporation regulated under this subtitle.

  (2) A credit union share guaranty corporation shall make a refund under paragraph (1) of this subsection only if the guaranty fund equals or exceeds the guaranty fund's normal operating level as calculated without the account of the exiting credit union.

(h) If two or more participating credit unions merge or consolidate and the surviving or new credit union is to be insured by the credit union share guaranty corporation, the funds in the capital contribution account of each credit union shall be transferred to the account of the surviving or new credit union, less any outstanding debts owed to the credit union share guaranty corporation.

(i) If a credit union share guaranty corporation is dissolved, the net assets after paying all liabilities and all costs of dissolution shall be distributed to the participating credit unions in accordance with their share and deposit balances, less any outstanding debts owed to the credit union share guaranty corporation.

#### Section 7-217

(a)

  (1) A credit union share guaranty corporation shall establish reserves for guaranty losses on an incurred basis in accordance with generally accepted accounting principles during the period in which the losses become evident.

  (2) The reserves shall provide for:

    (i) Losses reported to the credit union share guaranty corporation;

    (ii) Losses incurred but not previously reported; and

    (iii) Estimated losses on the collection of notes and other guarantees to participating credit unions.

(b) The reserves shall be maintained until the losses for which the reserves were established have been satisfied.

#### Section 7-218

(a) The Commissioner shall give prompt notice to the applicable credit union share guaranty corporation whenever the Commissioner:

  (1) Takes possession of the property and assets of a participating credit union; and

  (2) Determines to liquidate the property and assets of a participating credit union.

(b) Notwithstanding the provisions of Sec.Sec. 5-605 and 6-905(d) of this article, the Commissioner may petition a court of competent jurisdiction to appoint the applicable credit union share guaranty corporation as receiver of the participating credit union.

(c) When the property and business of a participating credit union has been liquidated or is in the process of liquidation and the proceeds of liquidation distributed are insufficient to pay the full guaranteed amount of each credit union share or deposit account, the credit union share guaranty corporation shall pay each deficiency up to the guaranteed amount within 30 days after the date the credit union share or deposit account balance is verified.

(d) When any participating credit union share or deposit account is paid, the credit union share guaranty corporation shall be subrogated to all rights of the member or depositor, up to the amount paid by the credit union share guaranty corporation to the member or depositor.

#### Section 7-219

(a) A credit union share guaranty corporation may terminate the participation of a participating credit union for any of the following reasons:

  (1) The participating credit union fails to satisfy the risk eligibility standards established by the credit union share guaranty corporation and applicable to all participating credit unions;

  (2) The participating credit union operates in an unsafe and unsound manner as determined by the credit union share guaranty corporation;

  (3) The participating credit union fails to furnish financial statements, delinquent loan reports, or other information considered necessary by the credit union share guaranty corporation;

  (4) The participating credit union fails to remedy in a timely manner a qualification arising from an audit permitted or required under the written contract between the participating credit union and the credit union share guaranty corporation;

  (5) The participating credit union fails to pay when due a capital contribution or applicable premium, fee, or assessment under this subtitle;

  (6) The participating credit union fails to comply with any provision of this article or the articles of incorporation or bylaws of the credit union share guaranty corporation that are material to the safety and soundness of the participating credit union; or

  (7) Continued participation by the participating credit union would result in a violation of this subtitle or other applicable state or federal law by the credit union share guaranty corporation.

(b)

  (1) At least 30 days before the effective date of any termination, the credit union share guaranty corporation shall send written notice of the pending termination and the reasons for the termination to:

    (i) The participating credit union whose participation is to be terminated; and

    (ii) The Commissioner.

  (2) The 30-day notice required under paragraph (1) of this subsection does not apply to the termination of excess coverage.

#### Section 7-220

A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 5 years or both.

#### Section 7-221

Nothing in this subtitle creates any liability on the State for the payment of any funds to any participating credit union or other person by reason of:

(1) An act or omission of a credit union share guaranty corporation; or

(2) A deficiency of a participating credit union in the event a credit union share guaranty corporation is unable to pay the deficiency.

#### Section 7-222

A credit union share guaranty corporation, its participating credit unions, and persons who have share or deposit accounts in the participating credit unions are not subject to the provisions of the Insurance Article as a result of any of the activities of the credit union share guaranty corporation under this subtitle.

#### Section 7-223

A credit union share guaranty corporation that is a nonprofit corporation exempt from federal taxation under Sec. 501(c)(6) of the Internal Revenue Code is exempt from all taxes imposed by the State or any of its subdivisions under:

(1) Sec.Sec. 20-101, 20-104, 20-108, 20-113 through 20-127, 20-601, 20-603 through 20-609, 20-805, and 20-806, and Title 20, Subtitles 3 through 5 of the Local Government Article;

(2) Title 6, Subtitle 1 of the Insurance Article;

(3) The Tax - General Article; or

(4) The Tax - Property Article.

#### Section 7-224

The Commissioner may adopt rules and regulations to carry out this subtitle.

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Md. Code Ann., Fin. Inst. (as displayed at mgaleg.maryland.gov, October 16, 2026)