How Has the Recent NCUA Rule Affected Board Liability (Credit Union Conference Presentation)

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From the 2011 NAFCU Annual Conference, presented by Patrick Touhey, SVP, Allied Solutions. The financial climate and recent regulatory changes from NCUA have affected the liability of credit union boards. Learn the details of this new regulation and what the potential is for an increase in lawsuits in the future. Should directors increase their D&O insurance limits? What kinds of suits are being filed against credit union boards? Find out the important questions all boards should be asking. More information at http://www.nafcu.org/allied

Business Economy & Finance

Recent NCUA Rules And
Effect On Board Liability

Presented by
Patrick Touhey, SVP
Allied Solutions, LLC

National Association of Federal Credit Unions l www.nafcu.org

NCUA Rules Issued 12/11

•BOD is responsible for the general direction
and control of the affairs of the FCU.

•Ordinary prudent person conduct.

•Understand balance sheet and income
statement

National Association of Federal Credit Unions l www.nafcu.org

NCUA Rules Issued 12/11 Continued

•Direct management’s operations conforming
with FCU Act.

•Director may rely one or more officers/emp.
that are reliable and competent in the functions
performed or the information, opinions, reports
or statements provided….

National Association of Federal Credit Unions l www.nafcu.org

Why In Writing?

• Clarification

• Members, Members, Members!!!!!!!!!!!

• Credit Unions are changing more complexity

National Association of Federal Credit Unions l www.nafcu.org

D&O Insurance Contract/Indemnification

• Purchasing insurance.

• Indemnification. (Unintentional/Gross
Negligence)

• Be aware of how your D&O contract is
structured. Watering down limits.

National Association of Federal Credit Unions l www.nafcu.org

What Is Meant By Financial Literacy?

• Can you add 1 plus 1?

• Meaning of BS and income statement line
items.

• General risks within the institution. Internal
controls to control the risk.

National Association of Federal Credit Unions l www.nafcu.org

Directors Duties

• Act in good faith, best interest of members,
prudent person rule.

• Administer affairs fairly and without
discrimination against a member.

• Balance Sheets/Income Statements.

National Association of Federal Credit Unions l www.nafcu.org

Directors Duties

• Comply with laws and regulations

National Association of Federal Credit Unions l www.nafcu.org

Good Ideas

• Directors can delegate. Not the responsibility.

• Know the policies, procedures and controls
you have set and make sure there is oversight
and training. (Faithful Performance)

• Do your homework before a decision is
made. (Commercial Loans)

National Association of Federal Credit Unions l www.nafcu.org

Beware

• Not meant to create additional exposure.

• Do we need higher D&O limits?

• Should we implement Indemnification in by-
laws?

• Regulators?

National Association of Federal Credit Unions l www.nafcu.org

Suits As Result Of These Changes?

• No change at this juncture. Distressed market.
May be looked at harder in the future when the
next distressed market comes.
• Volunteers as opposed to paid directors
• Failures normally bring more exposure. Not so
far when compared to banks.
• Regulators attitude? Time will tell.

National Association of Federal Credit Unions l www.nafcu.org

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How Has the Recent NCUA Rule Affected Board Liability (Credit Union Conference Presentation)

1. Recent NCUA Rules And Effect On Board Liability Presented by Patrick Touhey, SVP Allied Solutions, LLC National Association of Federal Credit Unions l www.nafcu.org

2. NCUA Rules Issued 12/11 •BOD is responsible for the general direction and control of the affairs of the FCU. •Ordinary prudent person conduct. •Understand balance sheet and income statement National Association of Federal Credit Unions l www.nafcu.org

3. NCUA Rules Issued 12/11 Continued •Direct management’s operations conforming with FCU Act. •Director may rely one or more officers/emp. that are reliable and competent in the functions performed or the information, opinions, reports or statements provided…. National Association of Federal Credit Unions l www.nafcu.org

4. Why In Writing? • Clarification • Members, Members, Members!!!!!!!!!!! • Credit Unions are changing more complexity National Association of Federal Credit Unions l www.nafcu.org

5. D&O Insurance Contract/Indemnification • Purchasing insurance. • Indemnification. (Unintentional/Gross Negligence) • Be aware of how your D&O contract is structured. Watering down limits. National Association of Federal Credit Unions l www.nafcu.org

6. What Is Meant By Financial Literacy? • Can you add 1 plus 1? • Meaning of BS and income statement line items. • General risks within the institution. Internal controls to control the risk. National Association of Federal Credit Unions l www.nafcu.org

7. Directors Duties • Act in good faith, best interest of members, prudent person rule. • Administer affairs fairly and without discrimination against a member. • Balance Sheets/Income Statements. National Association of Federal Credit Unions l www.nafcu.org

8. Directors Duties • Comply with laws and regulations National Association of Federal Credit Unions l www.nafcu.org

9. Good Ideas • Directors can delegate. Not the responsibility. • Know the policies, procedures and controls you have set and make sure there is oversight and training. (Faithful Performance) • Do your homework before a decision is made. (Commercial Loans) National Association of Federal Credit Unions l www.nafcu.org

10. Beware • Not meant to create additional exposure. • Do we need higher D&O limits? • Should we implement Indemnification in by- laws? • Regulators? National Association of Federal Credit Unions l www.nafcu.org

11. Suits As Result Of These Changes? • No change at this juncture. Distressed market. May be looked at harder in the future when the next distressed market comes. • Volunteers as opposed to paid directors • Failures normally bring more exposure. Not so far when compared to banks. • Regulators attitude? Time will tell. National Association of Federal Credit Unions l www.nafcu.org

How Has the Recent NCUA Rule Affected Board Liability (Credit Union Conference Presentation)

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