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CREDS 3.1 Application, purpose and interpretation

Application

CREDS 3.1.1 R

1This chapter applies to all credit unions.

Purpose

CREDS 3.1.2 G
  1. (1)

    The rules and guidance contained in this chapter are designed to address risks that can arise from the structure of a credit union's balance sheet.

  2. (2)

    These risks include the risk that a credit union's income is not sufficiently large to cover its funding, operational and other costs, and the risk that a credit union may not be able to renew or replace wholesale funding at an affordable rate.

Interpretation

CREDS 3.1.3 R

For the purposes of this chapter:

  1. (1)

    the maturity of a security or loan is the last or only date on which it will be repayable by or under its terms; and

  2. (2)

    surplus funds means funds not immediately required for a credit union'saccepting deposits, lending and ancillary purposes.

CREDS 3.2 Investment

Types of investment

CREDS 3.2.1 R

Subject to the general limitations on its powers contained in the Credit Unions Act 1979 or the Credit Unions (Northern Ireland) Order 1985 (as appropriate)1 and to the limitations contained in CREDS 3.2.2 R and CREDS 3.2.3 R, a credit union may invest its surplus funds and funds serving liquidity purposes only in the following types of investment:

  1. (1)

    deposits or loans to a UK domestic firm with Part IV permission to accept deposits;

  2. (2)

    deposits or loans to an institution which is authorised in any other EEA State to accept deposits;

  3. (3)

    sterling-denominated securities issued by the government of any EEA State;

  4. (4)

    fixed-interest sterling-denominated securities guaranteed by the government of any EEA State, provided that any guarantee is unconditional in respect of the payment of both principal and interest on those securities.

[Note: a transitional provision applies to this rule: see CREDS TP 1.7.]1

Maturity of investments

CREDS 3.2.2 R

Any securities invested in, or loans made, in accordance with CREDS 3.2.1 R by a version 1 credit union must have a maturity date of not more than 12 months from the date on which the investment is made.

[Note: a transitional provision applies to this rule: see CREDS TPs 1.8 and 1.9.]1

CREDS 3.2.3 R

Any securities invested in, or loans made, in accordance with CREDS 3.2.1 R by a version 2 credit union must have a maturity date of not more than five years from the date on which the investment is made.

[Note: a transitional provision applies to this rule: see CREDS TP 1.10.]1

Cash in custody of officers

CREDS 3.2.4 R

Surplus funds not invested by a credit union in accordance with CREDS 3.2.1 R to CREDS 3.2.3 R must be held as cash in the custody of officers of the credit union.

Investment conditions no longer satisfied

CREDS 3.2.5 R

Where under CREDS 3.2.1 R to CREDS 3.2.3 R above, a firm or another institution ceases to satisfy the conditions necessary for a credit union to invest with it or lend to it, and any funds of a credit union are with that firm or other institution, the credit union must take all practicable steps to call in and realise that investment or loan within three months of that cessation, or, if that is not possible, as soon after the end of that period as possible.

Transactions between credit unions

CREDS 3.2.6 G
  1. (1)

    A credit union may accept a loan from another credit union (section 10(1) of the Credit Unions Act 1979) or article 27(1) of the Credit Unions (Northern Ireland) Order 1985 (as appropriate)1.

  2. (2)

    CREDS 3.2.2 R to CREDS 3.2.3 R apply to loans between credit unions, except for subordinated loans qualifying as capital under CREDS 5.2.1 R (4). (See CREDS 3.2.1 R and CREDS 5.2.8 R (2).)

  3. (3)

    CREDS 5.2.1 R to CREDS 5.2.9 G apply to subordinated loans between credit unions qualifying as capital under CREDS 5.2.1 R (4).

  4. (4)

    CREDS 7 (Lending) (which covers loans to members) does not apply to loans between credit unions (see CREDS 7.1.1 R). However, in relation to those loans, credit unions should have regard to the principles outlined in CREDS 7.4.6 G and CREDS 7.5 (Provisioning).

  5. (5)

    CREDS 6.3.4 R (2) applies to loans between credit unions in relation to liquidity.

CREDS 3.3 Borrowing and financial risk management

Borrowing

CREDS 3.3.1 R

A credit union must not borrow from a natural person, except by subordinated loan qualifying as capital under CREDS 5.2.1 R (4).

CREDS 3.3.2 G

CREDS 3.3.1 R does not apply to borrowing from a body corporate. A loan made to a credit union by a body corporate can either be a subordinated loan (providing regulatory capital within CREDS 5.2.1 R (1)(c)) or a senior loan (providing ordinary funding, but not constituting regulatory capital).

Financial risk management policy statement

CREDS 3.3.7 R

A version 2 credit union must establish, maintain and implement an up-to-date financial risk management policy statement approved by the committee of management.

[Note: a transitional provision applies to this rule: see CREDS TP 1.6.]1

CREDS 3.3.8 G

This policy should address both interest rate and funding risk. It should cover aggregate limits on holdings of investments and borrowings from sources other than members. It should deal with avoidance of funding concentrations (both source and time-band concentrations) and should detail the organisational arrangements, systems and controls in respect of these matters.

CREDS 3.3.9 G

A credit union's committee of management should review and approve its financial risk management policy at least once a year, and more frequently if necessary, especially in the light of significant changes in business.

CREDS 3.3.10 R

A version 2 credit union must send to the FSA a copy of its financial risk management policy statement as soon as reasonably practicable after it has been approved by the committee of management.