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Advisories

Advisory 12

Minimum Levels Of Equity/Intervention

The Credit Union Movement has seen a significant improvement in the level of equity in credit unions since the equity-building program was introduced. As at September 30, 1999, only nine credit unions had total equity of less than 5%. All of these credit unions have filed equity building programs with us and the Superintendent of Credit Unions. Only three credit unions have less than 2.5% equity and two of these have voluntarily agreed to liquidate.

As you are aware, credit unions are required to maintain a minimum level of equity of 5%. The Nova Scotia Credit Union Deposit Insurance Corporation (CUDIC) is attempting to become more proactive with its intervention system. The goal is the earlier identification of problems and ensuring credit unions take corrective action at an earlier stage.

A position paper regarding minimum levels of equity was accepted by the Boards of Credit Union Central of Nova Scotia (CUCNS) and CUDIC and was presented at an Annual General Meeting of CUCNS.

In line with this paper and the above goal, effective January 1, 2000, CUDIC will implement a program of more aggressive intervention which will include the three stages which have been in place for some years - Early Warning List (EWL), Performance Improvement Plan (PIP) and Supervision. The more aggressive intervention will primarily target credit unions whose equity has fallen below 2.5%, as well as any credit union which experiences a significant decrease in equity. The placement and removal of credit unions on the EWL will be a decision of CUDIC's management, while the placement and removal of credit unions on PIP will be a decision of the Board of CUDIC.

Part XIV of the Credit Union Act deals with the issue of Supervision and the related authority and powers of the Supervisor. The provisions provide the Supervisor with the ability to ensure corrective action is taken, but it does not automatically eliminate the Board of Directors. However, Supervision does result in the loss of autonomy by the credit union. CUDIC's intent will be to work with the Credit Union Board to ensure a solution is found. Under Supervision, we would expect the corrective action to be taken by the Board and would work with them to ensure it is successful.

Credit unions should not expect any change in its relationship with CUDIC provided:

1. An acceptable equity building program has been filed with our office; and

2. The credit union does not fall short of its equity building targets by more than 0.25% in any one year until it has exceeded the minimum equity level.

Should credit unions show a significant drop in equity, they will be given sufficient notice during which time they will have the opportunity to advise CUDIC as to the cause of the decrease in equity and the proposed corrective action.

In Summary:

- CUDIC's management will determine whether the credit union will be placed on the EWL;

- CUDIC's Board will determine whether the credit union will be placed on the PIP or a request for Supervision should be made. The Office of the Superintendent of Credit Unions has indicated that the application for Supervision will be reviewed and responded to on a priority basis.

- The Minimum level for aggressive intervention of 2.5% equity will be reviewed regularly and increased from time to time as the health of the system permits.

- This Advisory is primarily addressed to credit unions with equity below 5% and, particularly, to credit unions with less than 2.5% equity. However, CUDIC will intervene in credit unions with equity above 5% should they experience a significant drop in their level of equity.

December 1999


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