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Regulation: 12 CFR Part 712
Authorizing Statute: 12 U.S. Code § 1766
Agency: National Credit Union Administration
Restrictions: 42
Delegation Category: General Authority sword icon

While the statute identifies specific areas for regulation, such as mergers, consolidations, and dissolution, it also grants broad authority to prescribe rules and regulations for the overall “administration of this chapter.” The enumeration of specific topics doesn’t negate the presence of a general grant of rulemaking power.

Relationship: directly mandated
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12 U.S.C. § 1766(a) explicitly authorizes the Board to “prescribe rules and regulations for the administration of this chapter.” Therefore, the statute directly mandates the regulation.

Regulation: 12 CFR Part 724
Authorizing Statute: 12 U.S. Code § 1765
Agency: National Credit Union Administration
Restrictions: 3
Delegation Category: Specific Authority checkmark icon

12 U.S.C. § 1765 allows shares to be issued to minors “subject to such conditions as may be prescribed by the bylaws.” The phrase “subject to such conditions” is an instruction to address a specific gap, namely the conditions under which shares can be issued to minors or in trust. Although the language includes the open-ended term “conditions,” the statute still clearly instructs the agency on a regulatory task.

Relationship: authorized but not mandated
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The statute 12 U.S.C. § 1765 permits shares to be issued to minors or in trust, “subject to such conditions as may be prescribed by the bylaws.” While the statute doesn’t explicitly mandate regulations regarding these conditions, it authorizes the creation of bylaws that can impose conditions. 12 CFR Part 724 relates to federal credit unions acting as trustees and custodians of certain tax-advantaged savings plans which are related to shares issued in trust for minors. The regulation’s authority section cites 12 U.S.C. § 1765, confirming its authorization.

Regulation: 12 CFR Part 745
Authorizing Statute: 12 U.S. Code § 1765
Agency: National Credit Union Administration
Restrictions: 97
Delegation Category: Specific Authority checkmark icon

The statute delegates to the federal credit union the authority to set the conditions for issuing shares to minors (and shares in trust for beneficiaries). While the delegation is not a direct instruction to regulate, it does use the open-ended term “conditions” to allow regulation of a specific area. The regulation, 12 CFR Part 745, is published by the NCUA (not an individual federal credit union), which is authorized and mandated to provide regulations on share insurance. 12 U.S.C. 1765 is explicitly listed as an authority for the NCUA to create the regulations laid out in 12 CFR Part 745. Therefore, the power to create regulations pertaining to the conditions of credit union shares is a Specific Authority Delegation

Relationship: authorized but not mandated
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The statute, 12 U.S.C. § 1765, permits federal credit unions to issue shares to minors, but it also states that this is “subject to such conditions as may be prescribed by the bylaws.” The regulation, 12 CFR Part 745, covers share insurance, which is a related topic. The statute authorizes the conditions, and therefore the regulation, but does not mandate that such conditions be prescribed.

Regulation: 12 CFR Part 700
Authorizing Statute: 12 U.S. Code § 1766
Agency: National Credit Union Administration
Restrictions: 1
Delegation Category: General Authority sword icon

While the statute provides some specific directives, the initial grant of authority in subsection (a) of 1766 is broad, allowing the Board to prescribe rules and regulations for the administration of the entire chapter. Later sections of the statute offer more specific direction, but the overall delegation is still considered broad because of the general authority given to prescribe rules for the administration of the chapter.

Relationship: directly mandated
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The regulation (12 CFR Part 700) cites 12 U.S.C. 1766 as one of its authorities, indicating that the regulation is directly mandated by the statute. Specifically, the statute empowers the Board to prescribe rules and regulations for the administration of the chapter, which definition section 700 falls under.

Regulation: 12 CFR Part 701
Authorizing Statute: 12 U.S. Code § 1766
Agency: National Credit Union Administration
Restrictions: 700
Delegation Category: General Authority sword icon

While many subsections of 12 U.S.C. § 1766 provide specific instructions, such as setting bonding requirements for employees, the opening grant of authority in subsection (a) – “The Board may prescribe rules and regulations for the administration of this chapter” – is very broad. This gives the Board discretion to address gaps and interpret the chapter’s requirements. Given the hybrid of delegations it would be classified as a General Authority.

Relationship: directly mandated
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The statute, 12 U.S. Code § 1766, explicitly authorizes the Board to prescribe rules and regulations for the administration of the chapter. The CFR Part 701 implements this authorization.

Regulation: 12 CFR Part 702
Authorizing Statute: 12 U.S. Code § 1766
Agency: National Credit Union Administration
Restrictions: 212
Delegation Category: General Authority sword icon

While 12 U.S.C. § 1766(a) gives the Board authority to make rules for the administration of the chapter, it doesn’t specifically instruct the agency on how to regulate capital adequacy. The statute uses open-ended terms, such as “administration,” but doesn’t outline a specific regulatory task or gap. Therefore, it falls under General Authority.

Relationship: directly mandated
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12 U.S.C. § 1766(a) explicitly grants the Board the authority to “prescribe rules and regulations for the administration of this chapter,” which includes capital adequacy. 12 CFR Part 702 directly implements this authority by establishing capital adequacy standards and prompt corrective action procedures for federal credit unions. The regulation falls squarely within the statute’s grant of power to regulate the “administration” of the chapter.

Regulation: 12 CFR Part 701
Authorizing Statute: 12 U.S. Code § 1761a
Agency: National Credit Union Administration
Restrictions: 700
Delegation Category: Specific Authority checkmark icon

While 12 U.S.C. § 1761a primarily focuses on internal board procedures, including the election of officers and their duties, the last sentence regarding fidelity coverage and reference to 1761b(2) implies the need for an agency (NCUA) to implement regulations regarding the financial officer’s bond. This suggests a specific task, aligning it with a specific authority delegation.

Relationship: directly mandated
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12 U.S.C. § 1761a is explicitly listed as an authority for 12 CFR Part 701. The statute mandates certain elections and duties of the board, which the regulations help to organize and operationalize. This indicates a direct mandate.

Regulation: 12 CFR Part 713
Authorizing Statute: 12 U.S. Code § 1761a
Agency: National Credit Union Administration
Restrictions: 30
Delegation Category: Specific Authority checkmark icon

The statute gives specific guidance on the type of officer position that needs to be bonded. Although the term “adequate” is used, the statute clearly instructs the agency on a specific regulatory task, fidelity coverage.

Relationship: directly mandated
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The statute, specifically referencing section 1761b(2), directly mandates the financial officer to “give adequate fidelity coverage,” which is further defined and regulated in 12 CFR Part 713. The statute delegates the authority to prescribe regulations relating to the bond.

Regulation: 12 CFR Part 701
Authorizing Statute: 12 U.S. Code § 1761b
Agency: National Credit Union Administration
Restrictions: 700
Delegation Category: Specific Authority checkmark icon

The statute gives the agency specific tasks related to fidelity coverage and internal controls subject to regulations issued by the Board.

Relationship: directly mandated
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Paragraph (2) and (19) and (21) of the statute mention regulations issued by the Board, directly mandating the board of directors to “provide adequate fidelity coverage for officers and employees having custody of or handling funds according to regulations issued by the Board,” to “establish and maintain a system of internal controls consistent with the regulations of the Board,” and to “do all other things that are necessary and proper to carry out all the purposes and powers of the Federal credit union, subject to regulations issued by the Board.” The regulations listed in Part 701 appear to be at least partially responsive to this mandate, as the authority section lists 12 U.S.C. 1761b.

Regulation: 12 CFR Part 713
Authorizing Statute: 12 U.S. Code § 1761b
Agency: National Credit Union Administration
Restrictions: 30
Delegation Category: Specific Authority checkmark icon

While section 1761b provides the broad structure for the operation of a Federal Credit Union, Paragraph (2), in particular, specifically directs the Board to issue regulations regarding fidelity coverage. Although terms like “adequate” are open-ended, the directive is focused on a specific regulatory task.

Relationship: directly mandated
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12 U.S. Code § 1761b (2) states the board of directors shall “provide adequate fidelity coverage for officers and employees having custody of or handling funds according to regulations issued by the Board”. This directly mandates the regulation of fidelity bonds and insurance coverage.

Regulation: 12 CFR Part 715
Authorizing Statute: 12 U.S. Code § 1761d
Agency: National Credit Union Administration
Restrictions: 59
Delegation Category: Specific Authority checkmark icon

While not a broad delegation of power, the statute specifically instructs the Board to define “passbook.” It also allows the Board to order supplementary audits. These are specific tasks, even though the definition of “passbook” allows for some agency discretion in determining what records are acceptable.

Relationship: directly mandated
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The statute 12 U.S.C. § 1761d explicitly directs the “Board” (now the NCUA) to approve the definition of “passbook” for use by Federal Credit Unions and to order supplementary audits, directly mandating regulatory action. The regulation, 12 CFR Part 715, further fleshes out the audit and verification requirements mentioned in the statute, clarifying the obligations of the Supervisory Committee.

Regulation: 12 CFR Part 745
Authorizing Statute: 12 U.S. Code § 1757
Agency: National Credit Union Administration
Restrictions: 97
Delegation Category: General Authority sword icon

While the statute provides considerable detail about what federal credit unions “have the power to” do, it also delegates broad rulemaking authority to the NCUA Board by repeatedly stating that the Board can prescribe rules and regulations related to those powers. This represents a broad delegation of authority to fill in the gaps and address issues as they arise, falling under a General Authority delegation.

Relationship: authorized but not mandated
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The statute explicitly authorizes the NCUA Board to prescribe rules and regulations concerning the powers of federal credit unions, including matters related to loans, investments, borrowing, and other operational aspects, but does not mandate specific regulations for every power listed. The regulations are authorized but not mandated.

Regulation: 12 CFR Part 760
Authorizing Statute: 12 U.S. Code § 1757
Agency: National Credit Union Administration
Restrictions: 72
Delegation Category: Specific Authority checkmark icon

While 12 U.S.C. § 1757, in and of itself, doesn’t appear to explicitly mandate the specific area of flood hazard regulations, the regulation’s authority section cites 42 U.S.C. 4012a, 4104a, 4104b, 4106, and 4128, which are clearly specific authority delegations relating to flood insurance requirements for loans. 12 USC 1757, and 1789 are in support of the banking power that allows for these regulation when considered in conjunction with the national flood insurance act, which gives specific authority to the board.

Relationship: authorized but not mandated
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The statute (12 U.S.C. § 1757) grants the National Credit Union Administration (NCUA) Board broad powers to regulate Federal credit unions, including the power to make regulations concerning loans, investments, and other financial activities. The regulation (12 CFR Part 760) on loans in areas having special flood hazards is authorized by the statute, as shown in the “Authority” section of the regulation, which explicitly cites 12 U.S.C. 1757. While the statute empowers the Board to regulate credit union activities to ensure safety and soundness, it does not mandate specific regulations concerning flood insurance. The flood insurance requirements fall under the broader authority to regulate lending practices.

Regulation: 12 CFR Part 701
Authorizing Statute: 12 U.S. Code § 1758
Agency: National Credit Union Administration
Restrictions: 700
Delegation Category: Specific Authority checkmark icon

The statute clearly instructs the Board on a specific regulatory task: to prepare and supply forms of organization certificates and bylaws. While the phrase “consistent with this chapter” leaves room for interpretation, it doesn’t negate the fact that the statute is tasking the agency with a very specific regulatory function.

Relationship: directly mandated
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The statute explicitly states that the Board “shall from time to time cause to be prepared a form of organization certificate and a form of bylaws…”. This is a direct mandate to the Board to prepare these forms. The regulation, 12 CFR Part 701, addresses the organization and operation of federal credit unions, and 701.2 specifically addresses federal credit union bylaws, aligning with the statute’s mandate.

Regulation: 12 CFR Part 701
Authorizing Statute: 12 U.S. Code § 1759
Agency: National Credit Union Administration
Restrictions: 700
Delegation Category: Specific Authority checkmark icon

While 12 U.S.C. § 1759 uses open-ended terms, such as to the extent permitted by rules and regulations prescribed by the Board, it clearly instructs the agency on a specific regulatory task, namely defining and regulating the permissible extent of Federal Credit Union membership. This goes beyond broad rulemaking authority, focusing on a defined subject matter. Other subsections (e.g., (e)(1), (g)(1)) provide further specific directives.

Relationship: directly mandated
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The statute, particularly subsection (a), explicitly states that Federal credit union membership shall consist of incorporators and other persons “to the extent permitted by rules and regulations prescribed by the Board”. This demonstrates a direct mandate for the Board to issue regulations pertaining to membership. Furthermore, 12 CFR Part 701’s authority section lists 12 U.S.C. 1759 explicitly, confirming the relationship is directly mandated.

Regulation: 12 CFR Part 715
Authorizing Statute: 12 U.S. Code § 1761
Agency: National Credit Union Administration
Restrictions: 59
Delegation Category: Specific Authority checkmark icon

The statute specifically identifies the supervisory committee and its audit responsibilities, and the regulation (12 CFR Part 715) provides the specifics for those audit responsibilities.

Relationship: directly mandated
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12 U.S.C. § 1761(b) explicitly establishes the supervisory committee and outlines its membership, while 12 U.S.C. § 1761d details the committee’s powers, including conducting audits. 12 CFR Part 715 directly implements these statutory provisions by specifying the audit responsibilities, procedures, and requirements for the supervisory committee.

Regulation: 12 CFR Part 714
Authorizing Statute: 12 U.S. Code § 1757
Agency: National Credit Union Administration
Restrictions: 19
Delegation Category: General Authority sword icon

While 12 U.S.C. § 1757 includes specific directives about loan terms and other activities, the authorization for leasing is derived from the “incidental powers” clause. This clause provides broad authority to enable credit unions to carry on their business effectively. As such, it falls under the “General Authority” categorization.

Relationship: authorized but not mandated
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12 U.S.C. § 1757 grants Federal credit unions the power to make loans (paragraph 5) and to exercise incidental powers (paragraph 17). Leasing is a permissible activity (implicitly authorized, although not directly mandated) as long as it falls under the umbrella of powers necessary to carry on the business effectively. The authority citation for 12 CFR Part 714 references 12 U.S.C. 1757. Therefore, the statute authorizes the regulation, but does not mandate it.

Regulation: 12 CFR Part 721
Authorizing Statute: 12 U.S. Code § 1757
Agency: National Credit Union Administration
Restrictions: 24
Delegation Category: General Authority sword icon

While 12 U.S.C. § 1757(17) grants the power to exercise “incidental powers as shall be necessary or requisite to enable it to carry on effectively the business for which it is incorporated,” it does not provide specific regulatory tasks or gaps for the NCUA to address. The statute provides broad rulemaking authority, thereby falling under the General Authority category.

Relationship: directly mandated
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12 U.S.C. § 1757(17) is explicitly cited as the statutory authority for 12 CFR Part 721. This demonstrates a direct mandate as the regulation’s purpose and scope are to define and implement the “incidental powers” granted to Federal Credit Unions by the statute.

Regulation: 12 CFR Part 723
Authorizing Statute: 12 U.S. Code § 1757
Agency: National Credit Union Administration
Restrictions: 79
Delegation Category: Specific Authority checkmark icon

Section 1757(5)(A)(ix) explicitly instructs the Board to prescribe rules and regulations for loan payments and amortization, taking into account various factors. While the language uses general terms like “needs or conditions of the borrowers” and “interests of the members,” the statute clearly directs the agency to address a specific regulatory task (loan amortization) and provides guideposts for doing so. Other sections in 1757 are also specific such as (12) “in accordance with regulations prescribed by the Board to sell, to persons in the field of membership, negotiable checks”.

Relationship: authorized but not mandated
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12 U.S.C. § 1757 enumerates the powers of a Federal credit union, and explicitly grants the National Credit Union Administration (NCUA) Board the authority to prescribe rules and regulations related to many of these powers (e.g., borrowing, lending, selling money transfer instruments). The regulation in 12 CFR Part 723 deals with “Member Business Loans,” a subset of lending authority granted by the statute; therefore, the regulation is authorized, but not directly mandated.

Regulation: 12 CFR Part 724
Authorizing Statute: 12 U.S. Code § 1757
Agency: National Credit Union Administration
Restrictions: 3
Delegation Category: General Authority sword icon

While the statute outlines specific powers, including receiving payments on shares and investment authority, it provides broad authority to the NCUA Board to prescribe “limitations” on these activities, and to otherwise regulate credit union activities using “appropriate” or “necessary” means. This general oversight role and the ability to regulate the specifics of savings plans falls under a general authority delegation because the statute does not give specific instructions regarding tax-advantaged savings plans specifically, but instead allows the board to create regulations it sees fit for the safe and sound operation of credit unions.

Relationship: authorized but not mandated
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12 U.S.C. § 1757 grants powers to Federal credit unions, including the power to receive payments on shares subject to terms and conditions established by the board of directors within limitations prescribed by the National Credit Union Administration (NCUA) Board, and to exercise incidental powers necessary to carry on their business effectively. The regulation, 12 CFR Part 724, concerns Federal credit unions acting as trustees and custodians of certain tax-advantaged savings plans, which falls within the scope of powers granted to credit unions, and is authorized, but not mandated, by the statute. The statute allows NCUA to prescribe limitations, implying authorization for the regulation, but doesn’t explicitly mandate the creation of trustee/custodian regulations.

Regulation: 12 CFR Part 741
Authorizing Statute: 12 U.S. Code § 1757
Agency: National Credit Union Administration
Restrictions: 230
Delegation Category: Specific Authority checkmark icon

While the statute grants broad powers, many of the enumerated paragraphs contain specific instructions like loan maturities, investment types, and permissible activities. The statute uses open-ended terms but provides clear instruction and guidance for NCUA rulemakings.

Relationship: directly mandated
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12 U.S.C. 1757 is explicitly cited in the authority section of 12 CFR Part 741, indicating a direct mandate.

Regulation: 12 CFR Part 701
Authorizing Statute: 12 U.S. Code § 1757
Agency: National Credit Union Administration
Restrictions: 700
Delegation Category: Specific Authority checkmark icon

12 U.S.C. § 1757 contains numerous specific instructions to the National Credit Union Administration Board (the Board). Examples include the power to set other maturity limits for residential real estate loans (5)(A)(i), allow longer loan terms for mobile home and home improvement loans (5)(A)(ii), to establish interest rate ceilings (5)(A)(vi), prescribe rules and regulations for the payment/amortization of loans (5)(A)(ix), define a credit union organization (5)(D), prescribe limitations on terms/rates/conditions on shares (6), prescribe rules and regulations on investments (7)(C), issue regulations on maintaining demand deposit accounts in foreign countries (8), prescribe rules and regulations on borrowing (9), prescribe regulations on selling negotiable checks and cashing checks (12), define ‘eligible obligations’ for purposes of purchasing/selling/pledging/discounting member obligations (13), prescribe regulations on the sale/purchase of assets and liabilities of credit unions (14), prescribe regulations on mortgage related securities and small business related securities (15), and prescribe regulations on providing technical assistance to credit unions in Poland and Hungary (16). Although some language is open-ended (e.g., “other limits as shall be set by the Board”, “such other factors as the Board deems relevant”), these phrases still direct the agency on a specific task. The presence of specific delegation outweighs the delegation of incidental powers.

Relationship: directly mandated
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12 U.S.C. § 1757 is explicitly cited as the authority for 12 CFR Part 701 in the CFR’s authority citation. Therefore, the regulation is directly mandated by the statute.

Regulation: 12 CFR Part 705
Authorizing Statute: 12 U.S. Code § 1757
Agency: National Credit Union Administration
Restrictions: 43
Delegation Category: Specific Authority checkmark icon

12 U.S.C. 1757 (5)(D) discusses loans to credit union organizations, while (7)(I) discusses investing in organizations providing routine services for credit unions. Both provisions fall under the first category of Specific Authority Delegations. They identify specific regulatory tasks related to federal credit union powers.

Relationship: authorized but not mandated
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The statute authorizes the NCUA to create regulations concerning community development revolving loan funds but does not mandate that it do so. 12 U.S.C. 1757(5)(D) and (7)(I) are specifically cited as authority in the CFR.

Regulation: 12 CFR Part 709
Authorizing Statute: 12 U.S. Code § 1757
Agency: National Credit Union Administration
Restrictions: 144
Delegation Category: Specific Authority checkmark icon

The statute provides very specific guidance and instructions regarding the powers of federal credit unions and the authority of the NCUA Board. This includes precise instructions on loan maturities (section 5), investment of funds (section 7), borrowing limitations (section 9), and selling negotiable checks (section 12). The delegation is specific, even though using open-ended terms, in directing the agency on particular regulatory actions related to the operations and powers of federal credit unions.

Relationship: directly mandated
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The statute 12 U.S.C. 1757 is explicitly cited as authority for 12 CFR Part 709. Thus, the regulation is directly mandated by the statute.

Regulation: 12 CFR Part 711
Authorizing Statute: 12 U.S. Code § 1757
Agency: National Credit Union Administration
Restrictions: 12
Delegation Category: Specific Authority checkmark icon

The statute provides specific authorities, such as establishing loan criteria, interest rate ceilings, investment types, and check-cashing services, which instruct the agency on specific regulatory tasks, fitting the description of Specific Authority Delegations. The regulation here concerns interlocking relationships, seemingly a matter to maintain proper management, thus related to 1757’s authorization of necessary powers.

Relationship: directly mandated
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12 U.S.C. 1757 is explicitly listed as the authority for 12 CFR Part 711. This indicates a direct mandate for the regulation to exist, even if the specifics of the regulation go beyond what is explicitly stated in the statute.

Found 56,371 results