[Code of Federal Regulations]
[Title 12, Volume 6]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR707.9]

[Page 385-427]
 
                       TITLE 12--BANKS AND BANKING
 
            CHAPTER VII--NATIONAL CREDIT UNION ADMINISTRATION
 
PART 707--TRUTH IN SAVINGS--Table of Contents
 
Sec. 707.9  Enforcement and record retention.

    (a) Administrative enforcement. Section 270 of TISA (12 U.S.C. 4309) 
contains the provisions relating to administrative sanctions for failure 
to comply with the requirements of TISA and this part.
    (b) Civil liability. Section 271 of TISA (12 U.S.C. 4310) contains 
the provisions relating to civil liability for failure to comply with 
the requirements of TISA and this part; Section 271 is repealed 
effective September 30, 2001.
    (c) Record retention. A credit union shall retain evidence of 
compliance with this regulation for a minimum of two years after the 
date disclosures are required to be made or action is required to be 
taken.

(Approved by the Office of Management and Budget under control number 
3133-0134)

[58 FR 50445, Sept. 27, 1993, as amended at 59 FR 13436, Mar. 22, 1994; 
61 FR 114, Jan. 3, 1996; 63 FR 71575, Dec. 29, 1998]

       Appendix A to Part 707--Annual Percentage Yield Calculation

    The annual percentage yield (APY) measures the total amount of 
dividends a credit union pays on an account based on the dividend rate 
and the frequency of compounding. The annual percentage yield is 
expressed as an annualized rate, based on a 365-day year. (Credit unions 
may calculate the annual percentage yield based on a 365-day or a 366-
day year in a leap year.) Part I of this appendix discusses the annual 
percentage yield calculations for account disclosures and 
advertisements, while Part II discusses annual percentage yield earned 
calculations for statements. The annual percentage yield reflects only 
dividends and does not include the value of any bonus, as that term is 
defined in part 707, that may be provided to the member to open, 
maintain, increase or renew an account. Dividends, interest or other 
earnings are not to be included in the annual percentage yield if such 
amounts are determined by circumstances that may or may not occur in the 
future. These formulas apply to both dividend-bearing and interest-
bearing accounts held by credit unions.

Part I. Annual Percentage Yield for Account Disclosures and Advertising 
                                Purposes

    In general, the annual percentage yield for account disclosures 
under Secs. 707.4 and 707.5 and for advertising under Sec. 707.8 is an 
annualized rate that reflects the relationship between the amount of 
dividends that would be earned by the member for the term of the account 
and the amount of principal used to calculate those dividends. The 
amount of dividends that would be earned may be projected based on the 
most recent past declared rate or an anticipated future rate, whichever 
the credit union judges to most reasonably approximate the dividends to 
be earned. Special rules apply to accounts with tiered and stepped 
dividend rates, and to certain term share accounts with a stated 
maturity greater than 1 year.

                            A. General Rules

    Except as provided in Part I. E. of this appendix, the annual 
percentage yield shall be calculated by the formula shown below. Credit 
unions may calculate the annual percentage yield using projected 
dividends based on either the rate at the last dividend declaration date 
or the rate anticipated at a future date. The credit union must disclose 
whichever option it uses to members. Credit unions shall calculate the 
annual percentage yield based on the actual number of days for the term 
of the account. For accounts without a stated maturity date (such as a 
typical share or share draft account), the calculation shall be based on 
an assumed term of 365 days. In determining the total dividends figure 
to be used in the formula, credit unions shall assume that all principal 
and dividends remain on deposit for the entire term, and that no other 
transactions (deposits or withdrawals) occur during the term. (This 
assumption shall not be used if a credit union requires, as a condition 
of the account, that members withdraw dividends during the term. In such 
a case, the dividends (and annual percentage yield calculation) shall 
reflect that requirement.) For term share accounts that are offered in 
multiples of months, credit unions may base the number

[[Page 386]]

of days on either the actual number of days during the applicable 
period, or the number of days that would occur for any actual sequence 
of that many calendar months. If credit unions choose to use this 
permissive rule, they must use the same number of days to calculate the 
dollar amount of dividends that will be earned on the account in the 
annual percentage yield formula (where ``Dividends'' are divided by 
``Principal''.)
    The annual percentage yield is to be calculated by use of the 
following general formula ((``APY'') is used for convenience in the 
formulas):

APY=100 [(1 + Dividends/Principal) (365/Days in term) -1].
    ``Principal'' is the amount of funds assumed to have been deposited 
at the beginning of the account.
    ``Dividends'' is the total dollar amount of dividends earned on the 
Principal for the term of the account.
    ``Days in term'' is the actual number of days in the term of the 
account.
    When the ``days in term'' is 365 (that is, where the stated maturity 
is 365 days or where the account does not have a stated maturity), the 
APY can be calculated by use of the following simple formula:

APY=100 (Dividends/Principal).

Examples:
    (1) If a credit union would pay $61.68 in dividends for a 365-day 
year on $1,000 deposited into a share draft account, the APY is 6.17%:

APY=100 [(1 + 61.68/1,000) (365/365) -1]
APY=6.17%.
    Or, using the simple formula above (since the term is deemed to be 
365 days):

APY=100 (61.68/1,000)
APY=6.17%.
    (2) If a credit union pays $30.37 in dividends on a $1,000 six-month 
term share certificate account (where the six-month period used by the 
credit union contains 182 days), using the general formula above, the 
APY is 6.18%:

APY=100 [(1+30.37/1,000)(365/182)-1]
APY=6.18%.
    The APY is affected by the frequency of compounding, i.e., the 
amount of dividends will be greater the more frequently dividends are 
compounded for a given nominal rate. When two credit unions are offering 
the same dividend rate on, for example, a share account, the APY 
disclosed may be different if the credit unions use a different 
frequency of compounding.
Examples:
    (1) If a credit union pays $1,268.25 in dividends for a 365-day year 
on $10,000 deposited into a regular share account earning 12%, and the 
dividends are compounded monthly, the APY will be 12.68%.

APY=100 ($1,268.25/10,000)
APY=12.68%
    (2) However, if a credit union is compounding dividends on a 
quarterly basis on an account which otherwise has the same terms, the 
dividends will be $1,255.09 and the APY will be 12.55%.

APY=100 ($1,255.09/10,000)
APY=12.55%

 B. Stepped-Rate Accounts (Different Rates Apply in Succeeding Periods)

    For accounts with two or more dividend rates applied in succeeding 
periods (where the rates are known at the time the account is opened), a 
credit union shall assume each dividend rate is in effect for the length 
of time provided for in any share agreement.
Examples:
    (1) If a credit union offers a $1,000 6-month term share 
(certificate) account on which it pays a 5% dividend rate, compounded 
daily, for the first three months (which contain 91 days), and a 5.5% 
dividend rate, compounded daily, for the next three months (which 
contain 92 days), the total dividends for six months is $26.68, and, 
using the general formula above, the APY is 5.39%:

APY=100 [(1+26.68/1,000)(365/183)-1]
APY=5.39%.
    (2) If a credit union offers a $1,000 2-year share certificate on 
which it pays a 6% dividend rate, compounded daily, for the first year, 
and a 6.5% dividend rate, compounded daily, for the next year, the total 
dividends for two years is $133.13, and, using the general formula 
above, the APY is 6.45%:

APY=100 [(1+133.13/1,000)(365/730)-1]
APY=6.45%.

                        C. Variable-Rate Accounts

    For variable-rate accounts without an introductory premium or 
discounted rate, a credit union must base the calculation only on the 
initial dividend rate in effect when the account is opened (or 
advertised), and assume that this rate will not change during the year.
    Variable-rate accounts with an introductory premium or discount rate 
must be treated like stepped-rate accounts. Thus, a credit union shall 
assume that: (1) The introductory simple dividend rate is in effect for 
the length of time provided for in the account contract; and (2) the 
variable dividend rate that would have been in effect when the account 
is opened or advertised (but for the introductory rate) is in effect for 
the remainder of the year. If the variable rate is tied to an index, the 
index-based rate in effect at the time of disclosure must be used for 
the remainder of the year. If the rate is not tied to an index, the rate 
in effect for existing members holding the same account (who are not 
receiving the introductory dividend rate) must be used for the remainder 
of the year.
    For example, if a credit union offers an account on which it pays a 
7% dividend rate,

[[Page 387]]

compounded daily, for the first three months (which, for example, 
contains 91 days), while the variable dividend rate that would have been 
in effect when the account was opened was 5%, the total dividends for a 
365-day year for a $1,000 account balance is $56.52, (based on 91 days 
at 7% followed by 274 days at 5%). Using the simple formula, the APY is 
5.65%:

APY=100 (56.52/1,000)
APY=5.65%.

   D. Accounts with Tiered Rates (Different Rates Apply To Specified 
                             Balance Level)

    For accounts in which two or more dividend rates paid on the account 
are applicable to specified balance levels, the credit union must 
calculate the annual percentage yield in accordance with the method 
described below that it uses to calculate dividends. In all cases, an 
annual percentage yield (or a range of annual percentage yields, if 
appropriate) must be disclosed for each balance tier.
    For purposes of the examples discussed below, assume the following:

------------------------------------------------------------------------
  Simple dividend rate (Percent)     Share balance required to earn rate
------------------------------------------------------------------------
5.25..............................  Up to but not exceeding $2,500.
5.50..............................  Above $2,500, but not exceeding
                                     $15,000.
5.75..............................  Above $15,000.
------------------------------------------------------------------------

                            Tiering Method A

    Under this method, a credit union pays on the full balance in the 
account the stated dividend rate that corresponds to the applicable 
share balance tier. For example, if a member deposits $8,000, the credit 
union pays the 5.50% dividend rate on the entire $8,000. This is also 
known as a ``hybrid'' or ``plateau'' tiered rate account.
    When this method is used to determine dividends, only one annual 
percentage yield will apply to each tier. Within each tier, the annual 
percentage yield will not vary with the amount of principal assumed to 
have been deposited.
    For the dividend rates and account balances assumed above, the 
credit union will state three annual percentage yields--one 
corresponding to each balance tier. Calculation of each annual 
percentage yield is similar for this type of account as for accounts 
with a single fixed dividend rate. Thus, the calculation is based on the 
total amount of dividends that would be received by the member for each 
tier of the account for a year and the principal assumed to have been 
deposited to earn that amount of dividends.
    First tier. Assuming daily compounding, the credit union will pay 
$53.90 in dividends on a $1,000 account balance. Using the general 
formula for the first tier, the APY is 5.39%:

APY=100 [(1+53.90/1,000)(365/365)-1]
APY=5.39%.
    Using the simple formula:

APY=100 (53.90/1,000)
APY=5.39%.
    Second tier. The credit union will pay $452.29 in dividends on an 
$8,000 deposit. Thus, using the simple formula, the annual percentage 
yield for the second tier is 5.65%:

APY=100 (452.29/8,000)
APY=5.65%.
    Third tier. The credit union will pay $1,183.61 in dividends on a 
$20,000 account balance. Thus, using the simple formula, the annual 
percentage yield for the third tier is 5.92%:

APY=100 (1,183.61/20,000)
APY=5.92%.

                            Tiering Method B

    Under this method, a credit union pays the stated dividend rate only 
on that portion of the balance within the specified tier. For example, 
if a member deposits $8,000, the credit union pays 5.25% on only $2,500 
and 5.50% on $5,500 (the difference between $8,000 and the first tier 
cutoff of $2,500). This is also known as a ``pure'' tiered rate account.
    The credit union that computes dividends in this manner must provide 
a range that shows the lowest and the highest annual percentage yields 
for each tier (other than for the first tier, which, like the tiers in 
Method A, has the same annual percentage yield throughout). The low 
figure for an annual percentage yield is calculated based on the total 
amount of dividends earned for a year assuming the minimum principal 
required to earn the dividend rate for that tier. The high figure for an 
annual percentage yield is based on the amount of dividends the credit 
union would pay on the highest principal that could be deposited to earn 
that same dividend rate. If the account does not have a limit on the 
amount that can be deposited, the credit union may assume any amount.
    For the tiering structure assumed above, the credit union would 
state a total of five annual percentage yields--one figure for the first 
tier and two figures stated as a range for the other two tiers.
    First tier. Assuming daily compounding, the credit union could pay 
$53.90 in dividends on a $1,000 account balance. For this first tier, 
using the simple formula, the annual percentage yield is 5.39%:

APY=100 (53.90/1,000)
APY=5.39%.
    Second tier. For the second tier the credit union would pay between 
$134.75 and $841.45 in dividends, based on assumed balances of $2,500.01 
and $15,000, respectively. For $2,500.01, dividends would be figured on 
$2,500 at 5.25% dividend rate plus dividends on $.01 at 5.50%. For the 
low end of the second tier, therefore, the annual percentage yield is 
5.39%. Using the simple formula:


[[Page 388]]


APY=100 (134.75/2,500)
APY=5.39%.
    For $15,000, dividends are figured on $2,500 at 5.25% dividend rate 
plus dividends on $12,500 at 5.50% dividend rate. For the high end of 
the second tier, the annual percentage yield, using the simple formula, 
is 5.61%:

APY=100 (841.45/15,000)
APY=5.61%.
    Thus, the annual percentage yield range that would be stated for the 
second tier is 5.39% to 5.61%.
    Third tier. For the third tier, the credit union would pay $841.45 
and $5,871.78 in dividends on the low end of the third tier (a balance 
of $15,000.01). For $15,000.01, dividends would be figured on $2,500 at 
5.25% dividend rate, plus dividends on $12,500 at 5.50% dividend rate, 
plus dividends on $.01 at 5.75% dividend rate. For the low end of the 
third tier, therefore, the annual percentage yield, using the simple 
formula, is 5.61%:

APY=100 (841.45/15,000)
APY=5.61%.
    Assuming the credit union does not limit the account balance, it may 
assume any maximum amount for the purposes of computing the annual 
percentage yield for the high end of the third tier. For an assumed 
maximum balance amount of $100,000, dividends would be figured on $2,500 
at 5.25% dividend rate, plus dividends on $12,500 at 5.50% dividend 
rate, plus dividends on $85,000 at 5.75% dividend rate. For the high end 
of the third tier, therefore, the annual percentage yield, using the 
simple formula, is 5.87%:

APY=100 (5,871.78/100,000)
APY=5.87%.
    Thus, the annual percentage yield that would be stated for the third 
tier is 5.61% to 5.87%. If the assumed maximum balance amount is 
$1,000,000, credit unions would use $985,000 rather than $85,000 in the 
last calculation. In that case for the high end of the third tier, the 
annual percentage yield, using the simple formula, is 5.91%:

APY=100 (59,134.22/1,000,000)
APY=5.91%
    Thus, the annual percentage yield range that would be stated for the 
third tier is 5.61% to 5.91%.

E. Term Share Accounts with a Stated Maturity Greater than One Year that 
                     Pay Dividends At Least Annually

    1. For term share accounts with a stated maturity greater than one 
year, that do not compound dividends on an annual or more frequent 
basis, and that require the member to withdraw dividends at least 
annually, the annual percentage yield may be disclosed as equal to the 
dividend rate.

Example:
    If a credit union offers a $1,000 two-year term share account that 
does not compound and that pays out dividends semi-annually by check or 
transfer at a 6.00% dividend rate, the annual percentage yield may be 
disclosed as 6.00%.
    2. For term share accounts covered by this paragraph that are also 
stepped-rate accounts, the annual percentage yield may be disclosed as 
equal to the composite dividend rate.

Example:
    (1) If a credit union offers a $1,000 three-year term share account 
that does not compound and that pays out dividends annually by check or 
transfer at a 5.00% dividend rate for the first year, 6.00% dividend 
rate for the second year, and 7.00% dividend rate for the third year, 
the credit union may compute the composite dividend rate and APY as 
follows:
    (a) Multiply each dividend rate by the number of days it will be in 
effect;
    (b) Add these figures together; and
    (c) Divide by the total number of days in the term.
    (2) Applied to the example, the products of the dividend rates and 
days the rates are in effect are (5.00% x 365 days) 1825, (6.00% x 365 
days) 2190, and (7.00% x 365) 2555, respectively. The sum of these 
products, 6570, is divided by 1095, the total number of days in the 
term. The composite dividend rate and APY are both 6.00%.

         Part II. Annual Percentage Yield Earned for Statements

    The annual percentage yield earned for statements under Sec. 707.6 
is an annualized rate that reflects the relationship between the amount 
of dividends actually earned (accrued or paid and credited) to the 
member's account during the period and the average daily balance in the 
account for the period over which the dividends were earned.
    Pursuant to Sec. 707.6(a), when dividends are paid less frequently 
than statements are sent, the APY Earned may reflect the number of days 
over which dividends were earned rather than the number of days in the 
statement period, e.g., if a credit union uses the average daily balance 
method and calculates dividends for a period other than the statement 
period, the annual percentage yield earned shall reflect the 
relationship between the amount of dividends earned and the average 
daily balance in the account for the other period, such as a crediting 
or dividend period.
    The annual percentage yield shall be calculated by using the 
following formulas (``APY Earned'' is used for convenience in the 
formulas):

                           A. General Formula

APY Earned=100 [(1+Dividends earned/
          Balance)(365/Daysinperiod)-1].


[[Page 389]]


    ``Balance'' is the average daily balance in the account for the 
period.
    ``Dividends earned'' is the actual amount of dividends accrued or 
paid and credited to the account for the period.
    ``Days in period'' is the actual number of days over which the 
dividends disclosed on the statement were earned.

Examples:
    (1) If a credit union calculates dividends for the statement period 
(and uses either the daily balance or the average daily balance method), 
and the account had a balance of $1,500 for 15 days and a balance of 
$500 for the remaining 15 days of a 30-day statement period, the average 
daily balance for the period is $1,000. Assume that $5.25 in dividends 
was earned during the period. The annual percentage yield earned (using 
the formula above) is 6.58%:

APY Earned=100 [(1+5.25/1,000)(365/30)-1]
APY Earned=6.58%.
    (2) Assume a credit union calculates dividends on the average daily 
balance for the calendar month and provides periodic statements that 
cover the period from the 16th of one month to the 15th of the next 
month. The account has a balance of $2,000 September 1 through September 
15 and a balance of $1,000 for the remaining 15 days of September. The 
average daily balance for the month of September is $1,500, which 
results in $6.50 in dividends earned for the month. The annual 
percentage yield earned for the month of September would be shown on the 
periodic statement covering September 16 through October 15. The annual 
percentage yield earned (using the formula above) is 5.40%:

APY Earned=100 [(1+6.50/1,500)(365/30)-1]
APY Earned = 5.40%.
    (3) Assume a credit union calculates dividends on the average daily 
balance for a quarter (for example, the calendar months of September 
through November), and provides monthly periodic statements covering 
calendar months. The account has a balance of $1,000 throughout the 30 
days of September, a balance of $2,000 throughout the 31 days of 
October, and a balance of $3,000 throughout the 30 days of November. The 
average daily balance for the quarter is $2,000, which results in $21 in 
dividends earned for the quarter. The annual percentage yield earned 
would be shown on the periodic statement for November. The annual 
percentage yield earned (using the formula above) is 4.28%:

APY Earned=100 [(1+21/2,000)(365/91)-1]
APY Earned=4.28%.

 B. Special formula for use where periodic statement is sent more often 
           than the period for which dividends are compounded.

    Credit unions that use the daily balance method to accrue dividends 
and that issue periodic statements more often than the period for which 
dividends are compounded shall use the following special formula:
[GRAPHIC] [TIFF OMITTED] TR27SE93.000

    The following definition applies for use in this formula (all other 
terms are defined under Part II):
    ``Compounding'' is the number of days in each compounding period.
    Assume a credit union calculates dividends for the statement period 
using the daily balance method, pays a 5.00% dividend rate, compounded 
annually, and provides periodic statements for each monthly cycle. The 
account has a daily balance of $1000.00 for a 30-day statement period. 
The dividend earned of $4.11 for the period, and the annual percentage 
yield earned (using the special formula above) is 5.00%:
[GRAPHIC] [TIFF OMITTED] TR27SE93.001


[[Page 390]]


APY Earned = 5.00%.

[58 FR 50445, Sept. 27, 1993, as amended at 63 FR 71575, Dec. 29, 1998]

         Appendix B to Part 707--Model Clauses and Sample Forms

                            Table of Contents

B-1--Model Clauses for Account Disclosures (Sec. 707.4(b))
B-2--Model Clauses for Changes in Terms (Sec. 707.5(a))
B-3--Model Clauses for Pre-Maturity Notices for Term Share Accounts 
          (Sec. 707.5(b-d))
B-4--Sample Form (Signature Card/ Application for Membership)
B-5--Sample Form (Term Share (Certificate) Account)
B-6--Sample Form (Regular Share Account Disclosures)
B-7--Sample Form (Share Draft Account Disclosures)

        B-8--Sample Form (Money Market Share Account Disclosures)

     B-9--Sample Form (Term Share (Certificate) Account Disclosures)

                 B-10--Sample Form (Periodic Statement)

                B-11--Sample Form (Rate and Fee Schedule)

    General Note: Appendix B contains model clauses and sample forms 
intended for optional use by credit unions to aid in compliance with the 
disclosure requirements of Secs. 707.4 (account disclosures), 707.5 
(subsequent disclosures), 707.6 (statement disclosures), and 707.8 
(advertisements). Section 269(b) of TISA provides that credit unions 
that use these clauses and forms will be in compliance with TISA's 
disclosure provisions.

    As discussed in the supplementary information to Sec. 707.3(a), this 
final rule provides for flexibility in designing the format of the 
disclosures. Credit unions can choose to prepare a single document or 
brochure that incorporates disclosures for all accounts offered, or to 
prepare different documents for each type of account. Credit unions may 
also use inserts to a document, or fill in blanks to show current rates, 
fees and other terms.
    In the model clauses, words in parentheses indicate the type of 
disclosure a credit union should insert in the space provided (for 
example, a credit union might insert ``July 23, 1995'' in the blank for 
a ``(date)'' disclosure). Brackets and ``/'' indicate that a credit 
union must choose the alternative that best describes its practice (for 
example, ``[daily balance/ average daily balance]''). It should be noted 
that only in sections B-6 through B-10 of this appendix have specific 
examples of disclosures been given, with dates and figures. Sections B-1 
through B-5, and section B-11 provide only unspecific model clauses or 
blank forms. The Board felt, as did the FRB in the Appendix A to 
Regulation DD, that a mix of blank clauses and forms and application of 
the model clauses to real specific situations would benefit those who 
must comply with TISA.
    Any references to NCUA Rules and Regulations, the NCUA Standard FCU 
Bylaws, or the NCUA Accounting Manual for FCUs, are provided for 
guidance and as a point of reference for credit unions. Citations to 
these sources does not indicate that their application is required for 
those credit unions who need not follow them.

       B-1  Model Clauses for Account Disclosures (Sec. 707.4(b))

                 (a) Rate Information (Sec. 707.4(b)(1))

           (i) Fixed-Rate Accounts (Sec. 707.4(b)(1)(i)(A-B))

                      1. Interest-bearing Accounts

    The interest rate on your deposit account is ______% with an annual 
percentage yield (APY) of ______%. [For purposes of this disclosure, 
this is a rate and APY that were offered within the most recent seven 
calendar days and were accurate as of (date). Please call (credit union 
telephone number) to obtain current rate information.] You will be paid 
this rate [for (time period)/until (date)/for at least 30 calendar 
days].

    Note: This provision reflects an accurate statement for an interest-
bearing account authorized by state law for state-chartered credit 
unions. While the definition of the term ``interest'' permits its 
substitution for the term ``dividends,'' separate disclosures should be 
made for interest-bearing accounts. Since account opening disclosures 
may be provided to potential members requesting account information 
before opening an account, and members opening new accounts, information 
is provided indicating that the rate may not be current, but that the 
potential member or member may call the credit union to obtain up-to-
date information. When opening a new account, of course, a credit union 
could provide the contractual rate alone, and delete the sentences in 
brackets. Given the definition of fixed-rate account in Sec. 707.2(n), 
credit unions offering fixed-rate accounts must contract to hold rates 
steady for at least a 30-day period. Thus, if the 30-day option of the 
last sentence is not chosen, the period chosen must be longer than 30 
days.

                 2. Dividend-bearing Term Share Accounts

    The dividend rate on your term share account is ______% with an 
annual percentage yield (APY) of ______%. [For purposes of this 
disclosure, this is a rate and APY that were

[[Page 391]]

offered within the most recent seven calendar days and were accurate as 
of (date). Please call (credit union telephone number) to obtain current 
rate information.] You will be paid this rate [for (time period)/until 
(date)/for at least 30 calendar days].

    Note: This provision reflects an accurate statement for a fixed-
rate, dividend-bearing term share account. Interest-bearing term share 
accounts would use the disclosure in Sec. 1, above. Since account 
opening disclosures may be provided to potential members requesting 
account information before opening an account, and members opening new 
accounts, information is provided indicating that the rate may not be 
current, but that the potential member or member may call the credit 
union to obtain up-to-date information. When opening a new account, of 
course, a credit union could provide the contractual rate alone, and 
delete the sentences in brackets. Given the definition of fixed-rate 
account in Sec. 707.2(n), credit unions offering fixed-rate accounts 
must contract to hold rates steady for at least a 30-day period. Thus, 
if the 30-day option of the last sentence is not chosen, the period 
chosen must be longer than 30 days.

                   3. Other Dividend-bearing Accounts

[As of [the last dividend declaration date/ (date)], the dividend rate 
was ______% with an annual percentage yield (APY) of ______% on your 
account. /or The prospective dividend rate on your account is ______% 
with a prospective APY of ______% for the current dividend period.] You 
will be paid this rate for [(time period)/at least 30 calendar days].

    or

[As of [the last dividend declaration date/ (date)], the dividend rate 
was ______% with an annual percentage yield (APY) of ______% on your 
account. /or The prospective dividend rate on your account is ______% 
with an annual percentage yield (APY) of ______% for this dividend 
period.] This rate will not change unless the credit union notifies you 
at least 30 calendar days prior to any change.

    Note: Credit unions may disclose the dividend rate and annual 
percentage yield on accounts as of the last dividend declaration date. 
This necessitates inclusion of a disclosure of the actual calendar date 
of the last dividend declaration date. Additionally or alternatively (if 
the last dividend rate could be inaccurate), credit unions may disclose 
a prospective dividend rate and a prospective annual percentage yield. 
Such prospective rates and yields must be estimated in good faith, and 
must be declared at the proper time if it is at all possible to do so. 
As for the last sentence in these disclosures, this provision reflects a 
credit union policy to set prospective dividend rates for the next month 
(or at least 30 days), quarter or other period. Many credit unions, at 
their mid-monthly board meeting, set prospective dividend rates for the 
next month beginning on the 1st day of the month and continuing to the 
last day of the month. These rates must be formalized or ratified at the 
end of a dividend period. Given the timing of the board meetings, the 
time to prepare and mail notices and the 30 day period, it will often 
take credit unions 45 to 60 days to effectively change rates. For these 
reasons, the Board strongly suggests that credit unions do not offer 
fixed-rate, dividend-bearing accounts.

           (ii) Variable-Rate Accounts (Sec. 707.4(b)(1)(ii))

                      1. Interest-bearing Accounts

    The interest rate on your deposit account is ______%, with an annual 
percentage yield (APY) of ______%. [For purposes of this disclosure, 
this is a rate and APY that were offered within the most recent seven 
calendar days and were accurate as of (date). Please call (credit union 
telephone number) to obtain current rate information.] The interest rate 
and annual percentage yield may change every (time period) based on 
[(name of index)/the determination of the credit union board of 
directors]. The interest rate for your account will [never change by 
more than ______% each (time period)/never be less/more than ______%/
never exceed ______% above or fall more than ______% below the initial 
interest rate].

    Note: This disclosure combines the requirements of 
Sec. 707.4(b)(1)(i) with Sec. 707.4(b)(1)(ii) for interest-bearing 
accounts. The variable nature of a deposit account usually is based on 
an external index or is set at the discretion of the board. If another 
means of rate setting is used, that, instead of the proposed language, 
must be disclosed. Since account opening disclosures may be provided to 
potential members requesting account information before opening an 
account, and members opening new accounts, information is provided 
indicating that the rate may not be current, but that the potential 
member or member may call the credit union to obtain up-to-date 
information. When opening a new account, of course, a credit union could 
provide the contractual rate alone, and delete the sentences in 
brackets. Rarely would there be limitations on rate changes, but 
language is provided for this situation in the last sentence. Of course, 
it is only to be used if it applies to an account.

                 2. Dividend-bearing Term Share Accounts

    The dividend rate on your term share account is ______%, with an 
annual percentage yield (APY) of ______%. [For purposes of this 
disclosure, this is a rate and APY that were offered within the most 
recent seven calendar days and were accurate as of (date). Please call 
(credit union telephone number)

[[Page 392]]

to obtain current rate information.] The dividend rate and annual 
percentage yield may change every (time period) based on [(name of 
index)/the determination of the credit union board of directors]. The 
dividend rate for your account will [never change by more than ______% 
each (time period)/never be less/more than ______% /never exceed ______% 
above or fall more than ______% below the initial dividend rate].

    Note: This disclosure combines the requirements of 
Sec. 707.4(b)(1)(i) with Sec. 707.4(b)(1)(ii) for dividend-bearing, 
variable-rate term share accounts. The variable nature of a deposit 
account usually is based on an external index or is set at the 
discretion of the board. If another means of rate setting is used, that, 
instead of the model language, must be disclosed. Since account opening 
disclosures may be provided to potential members requesting account 
information before opening an account, and members opening new accounts, 
information is provided indicating that the rate may not be current, but 
that the potential member or member may call the credit union to obtain 
up-to-date information. When opening a new account, of course, a credit 
union could provide the contractual rate alone, and delete the sentences 
in brackets. Rarely would there be limitations on rate changes, but 
language is provided for this situation in the last sentence. Of course, 
it is only to be used if it applies to an account.

                   3. Other Dividend-bearing Accounts

[As of [the last dividend declaration date/ (date)], the dividend rate 
was ______% with an annual percentage yield (APY) of ______% on your 
account. /or The prospective dividend rate on your account is ______% 
with an anticipated annual percentage yield (APY) of ______% for the 
current dividend period.] The dividend rate and annual percentage yield 
may change every (dividend period) as determined by the credit union 
board of directors.

    Note: This language combines the requirements of Sec. 707.4(b)(1)(i) 
with Sec. 707.4(b)(1)(ii). Credit unions may disclose the dividend rate 
and annual percentage yield on accounts as of the last dividend 
declaration date. This necessitates inclusion of a disclosure of the 
actual calendar date of the last dividend declaration date or use of the 
phrase ``last dividend declaration date''. Additionally or 
alternatively, credit unions may disclose a prospective dividend rate 
and a prospective annual percentage yield. Such prospective rates and 
yields must be estimated in good faith, and must be declared at the 
proper time if it is at all possible to do so. As for the last sentence 
in these disclosures, this provision reflects the variable nature of the 
account. Generally, there is only one variable-rate feature for share 
accounts: the frequency of dividend period rate changes (e.g., daily, 
weekly, monthly, quarterly, semi-annually, annually). Normally, there 
are no contractual limitations on share account earnings (unless imposed 
by a regulator), nor are earnings based on any internal or external 
index. If contractual limitations or an index are involved, however, 
those factors would need to be disclosed (unless a regulator orders 
otherwise).

            (iii) Stepped-Rate Accounts (Sec. 707.4(b)(1)(i))

                      1. Interest-bearing Accounts

    The initial interest rate on your deposit account is ______%. You 
will be paid that rate [for (time period)/ until (date)]. After that 
time, the interest rate for your deposit account will be ______% and you 
will be paid that rate [for (time period)/ until (date)]. The annual 
percentage yield (APY) for your account is ______%. [For purposes of 
this disclosure, this is a rate and APY that were offered within the 
most recent seven calendar days and were accurate as of (date). Please 
call (credit union telephone number) to obtain current rate 
information.] You will be paid this rate [for (time period)/until 
(date)/for at least 30 calendar days].

                 2. Dividend-bearing Term Share Accounts

    The initial dividend rate on your term share account is ______%. You 
will be paid that rate [for (time period)/ until (date)]. After that 
time, the dividend rate for your term share account will be ______% and 
you will be paid that rate [for (time period)/ until (date)]. The annual 
percentage yield (APY) for your account is ______%. [For purposes of 
this disclosure, this is a rate and APY that were offered within the 
most recent seven calendar days and were accurate as of (date). Please 
call (credit union telephone number) to obtain current rate 
information.] You will be paid this rate [for (time period)/until 
(date)/for at least 30 calendar days].

                   3. Other Dividend-bearing Accounts

[As of [the last dividend declaration date/ (date)], the initial 
dividend rate on your account was ______%. /or The prospective dividend 
rate on your account is ______%.] You will be paid that rate [for (time 
period)/ until (date)]. After that time, the prospective dividend rate 
for your share account will be ______% and you will be paid such rate 
[for (time period)/ until (date)]. The annual percentage yield (APY) for 
your account is ______%. You will be paid this rate for [(time period)/
at least 30 calendar days].

    Note: Stepped-rate accounts are accounts with two or more rates that 
take effect in succeeding periods. The applicable rates and time periods 
are known when the account is opened. By nature these are fixed-rate 
accounts and are usually associated with term

[[Page 393]]

share (certificate) accounts. Accordingly, a contract provision (for 
share accounts) to change rates should be included.

             (iv) Tiered-Rate Accounts (Sec. 707.4(b)(1)(i))

                      1. Interest-bearing Accounts

                            Tiering Method A

    1* If your [daily balance/average daily balance] is $______ or more, 
the interest rate paid on the entire balance in your account will be 
______%, with an annual percentage yield (APY) of ______%.
    2* If your [daily balance/average daily balance] is more than 
$______, but less than $______, the interest rate paid on the entire 
balance in your account will be ______%, with an APY of ______%.
    3* If your [daily balance/average daily balance] is $______ or less, 
the interest rate paid on the entire balance will be ______% with an APY 
of ______%.
    [For purposes of this disclosure, this is a rate and APY that were 
offered within the most recent seven calendar days and were accurate as 
of (date). Please call (credit union telephone number) to obtain current 
rate information.]
    [Fixed-rate--You will be paid this rate [for (time period)/until 
(date)/for at least 30 calendar days]./ Variable-rate--The interest rate 
and APY may change every (time period) based on [(name of index)/ the 
determination of the credit union board of directors.]

    Note: Tiering Method A pays the stated interest rate that 
corresponds to the applicable deposit tier on the full balance in the 
account. This example contemplates a two-tier system. The option (1, 2 
or 3) most closely matching the terms of the account should be chosen as 
the appropriate disclosure. For tiered-rate accounts, a disclosure may 
be added about the currency of the rate, as is provided in the first set 
of brackets. A disclosure regarding the fixed-rate or variable-rate 
nature of the account must be added, as is provided in the last set of 
brackets.

                            Tiering Method B

    1* An interest rate of ________% will be paid only on the portion of 
your [daily balance/average daily balance] that is greater than 
$________. The annual percentage yield (APY) for this tier will range 
from ________% to ________%, depending on the balance in the account.
    2* An interest rate of ________% will be paid only on the portion of 
your [daily balance/average daily balance] that is greater than 
$________, but less than $________. The annual percentage yield (APY) 
for this tier will range from ________% to ________%, depending on the 
balance in the account.
    3* If your [daily balance/average daily balance] is $________ or 
less, the interest rate paid on the entire balance will be ________%, 
with an annual percentage yield (APY) of ________%.
    [For purposes of this disclosure, this is a rate and APY that were 
offered within the most recent seven calendar days and were accurate as 
of (date). Please call (credit union telephone number) to obtain current 
rate information.]
    [Fixed-rate--You will be paid this rate [for (time period)/until 
(date)/for at least 30 calendar days]./ Variable-rate--The interest rate 
and APY may change every (time period) based on [(name of index)/ the 
determination of the credit union board of directors.]

    Note: Tiering Method B pays different stated interest rates 
corresponding to applicable deposit tiers, on the applicable balance in 
each tier of the account. For example, a credit union might pay 3% 
interest on account funds of $500 or below, and pay 4% interest on the 
portion of the same account that exceeds $500. The example contemplates 
an account with two tiers, but additional tiers are possible. The option 
(1, 2 or 3) most closely matching the terms of the account should be 
chosen as the appropriate disclosure. For tiered-rate accounts, a 
disclosure may be added about the currency of the rate, as is provided 
in the first set of brackets.
    Tiered-rate accounts can be either fixed-rate or variable-rate 
accounts. The last sentence offers an option of either fixed-rate or 
variable-rate disclosure. Thus, the disclosures outlined above will be 
made in addition to either: (i) Disclosure of the period the fixed-rates 
are in effect or (ii) the variable-rate disclosures. Tiered-rate 
accounts are also subject to the requirement for disclosure of the 
balance computation method, see paragraph (e) to this appendix.

                 2. Dividend-bearing Term Share Accounts

                            Tiering Method A

    1* If your [daily balance/average daily balance] is $________ or 
more, the dividend rate paid on the entire balance in your account will 
be ________%, with an annual percentage yield (APY) of ________%.
    2* If your [daily balance/average daily balance] is more than 
$________, but less than $________, the dividend rate paid on the entire 
balance in your account will be ________%, with an APY of ________%.
    3* If your [daily balance/average daily balance] is $________ or 
less, the dividend rate paid on the entire balance will be ________% 
with an APY of ________%.
    [For purposes of this disclosure, this is a rate and APY that were 
offered within the most recent seven calendar days and were accurate as 
of (date). Please call (credit union telephone number) to obtain current 
rate information.]

[[Page 394]]

    [Fixed-rate--You will be paid this rate [for (time period)/until 
(date)/for at least 30 calendar days]./ Variable-rate--The interest rate 
and APY may change every (time period) based on [(name of index)/ the 
determination of the credit union board of directors.]

    Note: Tiering Method A pays the stated dividend rate that 
corresponds to the applicable account balance tier on the full balance 
in the account. This example contemplates a two-tier system. The option 
(1, 2 or 3) most closely matching the terms of the account should be 
chosen as the appropriate disclosure. For tiered-rate accounts, a 
disclosure may be added about the currency of the rate, as is provided 
in the first set of brackets. A disclosure regarding the fixed-rate or 
variable-rate nature of the account must be added, as is provided in the 
last set of brackets.

                            Tiering Method B

    1* A dividend rate of ________% will be paid only on the portion of 
your [daily balance/average daily balance] that is greater than 
$________. The annual percentage yield (APY) for this tier will range 
from ________% to ________%, depending on the balance in the account.
    2* A dividend rate of ________% will be paid only on the portion of 
your [daily balance/average daily balance] that is greater than 
$________, but less than $________. The annual percentage yield (APY) 
for this tier will range from ________% to ________%, depending on the 
balance in the account.
    3* If your [daily balance/average daily balance] is $________ or 
less, the dividend rate paid on the entire balance will be ________%, 
with an annual percentage yield (APY) of ________%.
    [For purposes of this disclosure, this is a rate and APY that were 
offered within the most recent seven calendar days and were accurate as 
of (date). Please call (credit union telephone number) to obtain current 
rate information.]
    [Fixed-rate--You will be paid this rate [for (time period)/until 
(date)/for at least 30 calendar days]./ Variable-rate--The interest rate 
and APY may change every (time period) based on [(name of index)/ the 
determination of the credit union board of directors.]

    Note: Tiering Method B pays different stated dividend rates 
corresponding to applicable account balance tiers, on the applicable 
balance in each tier of the account. For example, a credit union might 
pay 3% dividend on account funds of $500 or below, and pay 4% dividend 
on the portion of the same account that exceeds $500. The example 
contemplates an account with two tiers, but additional tiers are 
possible. The option (1, 2 or 3) most closely matching the terms of the 
account should be chosen as the appropriate disclosure. For tiered-rate 
accounts, a disclosure may be added about the currentness of the rate, 
as is provided in the first set of brackets.
    Tiered-rate accounts can be either fixed-rate or variable-rate 
accounts. The last sentence offers an option of either fixed-rate or 
variable-rate disclosure. Thus, the disclosures outlined above will be 
made in addition to either: (i) Disclosure of the period the fixed-rates 
are in effect or (ii) the variable-rate disclosures. Tiered-rate 
accounts are also subject to the requirement for disclosure of the 
balance computation method, see paragraph (e) to this appendix.

                   3. Other Dividend-bearing Accounts

                            Tiering Method A

    1* [As of [the last dividend declaration date/ (date)], if your 
[daily balance/average daily balance] was $________ or more, the 
dividend rate paid on the entire balance in your account was ________%, 
with an annual percentage yield (APY) of ________%. /or If your [daily 
balance/average daily balance] is $________ or more, a prospective 
dividend rate of ________% will be paid on the entire balance in your 
account with a prospective annual percentage yield (APY) of ________% 
for this dividend period.]
    2* [As of [the last dividend declaration date/ (date)], if your 
[daily balance/average daily balance] was more than $________, but was 
less than $________, the dividend rate paid on the entire balance in 
your account was ________%, with an annual percentage yield (APY) of 
________%. /or If your [daily balance/average daily balance] is more 
than $________, but is less than $________, a prospective dividend rate 
of ________% will be paid on the entire balance in your account with a 
prospective annual percentage yield (APY) of ________% for this dividend 
period.]
    3* [As of the last dividend declaration date/ (date)], if your 
[daily balance/average daily balance] was $________ or less, the 
dividend rate paid on the entire balance in your account will be 
________% with an annual percentage yield (APY) of ________%. /or If 
your [daily balance/average daily balance] is $________ or less, the 
prospective dividend rate of ________% will be paid on the entire 
balance in your account with a prospective annual percentage yield (APY) 
of ________% for this dividend period.
    [Fixed-rate--You will be paid this rate for [(time period)/at least 
30 calendar days]./ Variable-rate--The dividend rate and APY may change 
every (dividend period) as determined by the credit union board of 
directors.]

    Note: Tiering Method A pays the stated dividend rate that 
corresponds to the applicable deposit tier on the full balance in the 
account. This example contemplates a two-

[[Page 395]]

tier system. The option (1, 2 or 3) most closely matching the terms of 
the account should be chosen as the appropriate disclosure. For tiered-
rate accounts, a disclosure may be added about the prospective rate. 
Note that the prospective rate disclosure options match the required 
tiered-rate disclosures based on the previous dividend declaration date. 
A disclosure regarding the fixed-rate or variable-rate nature of the 
account must be added, as is provided in the last set of brackets.

                            Tiering Method B

    1* [As of [the last dividend declaration date/ (date)], a dividend 
rate of ________% was paid only on the portion of your [daily balance/
average daily balance] that was greater than $________. The annual 
percentage yield (APY) for this tier ranged from ________% to ________%, 
depending on the balance in the account. /or A prospective dividend rate 
of ________% will be paid only on the portion of your [daily balance/
average daily balance] that is greater than $________ with a prospective 
annual percentage yield (APY) ranging from ________% to ________%, 
depending on the balance in the account, for this dividend period.]
    2* [As of [the last dividend declaration date/ (date)], a dividend 
rate of ________% was paid only on the portion of your [daily balance/
average daily balance] that was greater than $________ but less than 
$________. The annual percentage yield (APY) for this tier ranged from 
________% to ________%, depending on the balance in the account. /or A 
prospective dividend rate of ________% will be paid only on the portion 
of your [daily balance/average daily balance] that is greater than 
$________, but less than $________] with a prospective annual percentage 
yield (APY) ranging from ________% to ________%, depending on the 
balance in the account, for this dividend period.]
    3* [As of [the last dividend declaration date/ (date)], if your 
[daily balance/average daily balance] was $________ or less, the 
dividend rate paid on the entire balance was ________%, with an annual 
percentage yield (APY) of ________%. /or If your [daily balance/average 
daily balance] was $______ or less, the prospective dividend rate paid 
on the entire balance in your account will be ______% with a prospective 
annual percentage yield (APY) of ______% for this dividend period.

    Note: Tiering Method B pays different stated dividend rates 
corresponding to applicable account tiers, on the applicable balance in 
each tier of the account. For example, a credit union might pay a 3% 
dividend on account funds of $500 or below, and pay a 4% dividend on the 
portion of the same account that exceeds $500. The example contemplates 
an account with two tiers, but additional tiers are possible. The option 
(1, 2 or 3) most closely matching the terms of the account should be 
chosen as the appropriate disclosure. Note that the prospective rate 
disclosure options match the required tiered-rate disclosures based on 
the previous dividend declaration date.
    Tiered-rate accounts can be either fixed-rate or variable-rate 
accounts. The last sentence offers an option of either fixed-rate or 
variable-rate disclosures. Thus, the disclosures outlined above must be 
made in addition to either: (i) Disclosure of the period the fixed-rates 
are in effect or (ii) the variable-rate disclosures. Tiered-rate 
accounts are also subject to the requirement for disclosure of the 
balance computation method, see paragraph (e) to this appendix.

               (b) Nature of Dividends (Sec. 707.4(b)(8))

    Dividends are paid from current income and available earnings, after 
required transfers to reserves at the end of a dividend period.

    Note: The Board of Directors declares dividends based on current 
income and available earnings of the credit union after providing for 
the required reserves at the end of the month. The dividend rate and 
annual percentage yield shown may reflect either the last dividend 
declaration date on the account or the earnings the credit union 
anticipates having available for distribution. This disclosure only 
applies to share and share draft (as opposed to deposit) accounts and 
should be grouped with the Rate Information to make the disclosures more 
meaningful. This disclosure also does not apply to term share accounts 
for reasons discussed in the supplementary information regarding 
Secs. 707.3(e) and 707.4(b)(8).

            (c) Compounding and Crediting (Sec. 707.4(b)(2))

    [Dividends/Interest] will be compounded (frequency) and will be 
credited (frequency).

and, if applicable:

    If you close your [share/deposit] account before [dividends/
interest] [are/is] paid, you will not receive the accrued [dividends/
interest].

and, if applicable (for dividend-bearing accounts):

    For this account type, the dividend period is (frequency), for 
example, the beginning date of the first dividend period of the calendar 
year is (date) and the ending date of such dividend period is (date). 
All other dividend periods follow this same pattern of dates. The 
dividend declaration date follows the ending date of a dividend period, 
and for the example is (date).

    Note: Where the word ``(frequency)'' appears, time periods must be 
inserted to coincide with those specified in board resolutions of each 
credit union's board of directors. A

[[Page 396]]

disclosure of dividend period was added to Sec. 707.4(b)(2)(i) in the 
final rule to assist members in knowing when dividend rate and APY 
disclosures would be given by a credit union using the optional 
statement rule of Sec. 707.6(a). The dividend declaration date is 
important for purposes of Sec. 707.4(a)(2)(ii), request disclosures, 
Sec. 707.4(b)(2), account opening disclosures, and Sec. 707.8(c)(2), 
advertising disclosures. The Board believes that this is critical 
information for dividend-bearing accounts, but that provision by an 
example (whether of the first dividend period of the year, or of any 
randomly chosen dividend period) is favorable to providing a list of 
such dates for the entire year or for a period of years (although these 
methods would also be permissible). As noted in the supplementary 
information to Sec. 707.2(j), dividend declaration date, the dividend 
period and actual dividend distribution date may vary. Thus, it is 
possible for crediting periods and dividend periods not to coincide, 
though the Board believes that credit unions should make every effort to 
attempt to coordinate the two periods.

         (d) Minimum Balance Requirements (Sec. 707.4(b)(3)(i))

    (i) To open the account
    The minimum balance required to open this account is $________.

or, for first share account at a credit union

    The minimum required to open this account is the purchase of a (par 
value of a share) share in the credit union.
    (ii) To avoid imposition of fees
    You must maintain a minimum daily balance of $________ in your 
account to avoid a service fee. If, during any (time period), your 
account balance falls below the required minimum daily balance, your 
account will be subject to a service fee of $________ for that (time 
period).

or

    You must maintain a minimum average daily balance of $________ in 
your account to avoid a service fee. If, during any (time period), your 
average daily balance is below the required minimum, your account will 
be subject to a service fee of $________ for that (time period).
    (iii) To obtain the annual percentage yield disclosed
    You must maintain a minimum daily balance of $________ in your 
account each day to obtain the disclosed annual percentage yield.

    or

    You must maintain a minimum average daily balance of $________ in 
your account to obtain the disclosed annual percentage yield.
    (iv) Absence of minimum balance requirements
    No minimum balance requirements apply to this account.
    (v) Par value
    The par value of a share in this credit union is $________.

    Note: Where the words ``(time period)'' appear, time periods should 
be inserted to coincide with those specified in board resolutions of 
each credit union's board of directors. As the supplementary information 
to Sec. 707.4(b)(3)(i) explains, the par value of a share to establish 
membership is a critical disclosure to be made to potential members of 
credit unions. The par value disclosure is required by 
Sec. 707.4(b)(3)(i) as being analogous to a minimum balance account 
opening requirement.

          (e) Balance Computation Method (Sec. 707.4(b)(3)(ii))

    (i) Daily Balance Method
    [Dividends/Interest] [are/is] calculated by the daily balance method 
which applies a daily periodic rate to the balance in the account each 
day.
    (ii) Average Daily Balance Method
    [Dividends/Interest] [are/is] calculated by the average daily 
balance method which applies a periodic rate to the average daily 
balance in the account for the period. The average daily balance is 
calculated by adding the balance in the account for each day of the 
period and dividing that figure by the number of days in the period.

    Note: Any explanation of balance computation method must contain 
enough information for members to grasp the means by which dividends or 
interest will be calculated on their accounts. Using a shorthand form, 
such as ``day in/day out'' for the daily balance method or ``average 
balance'' for the average daily balance method, without more 
information, is insufficient. In addition, any disclosure based on the 
equivalency of the two allowable methods, such as stating that the 
average daily balance method was the same as the daily balance method, 
is impermissible and misleading.

         (f) Accrual of Dividends/Interest on Noncash Deposits 
                         (Sec. 704.4(b)(3)(iii))

    [Dividends/Interest] will begin to accrue on the business day you 
[place/deposit] noncash items (e.g. checks) to your account.

or
    [Dividends/Interest] will begin to accrue no later than the business 
day we receive provisional credit for the [placement/deposit] of noncash 
items (e.g. checks) to your account.

    Note: Accrual information is not included in the explanation of 
balance computation method required by Sec. 707.4(b)(4)(ii). In 
addition, the disclosures required by TISA do not affect the substantive 
requirements of the EFAA and Regulation CC.

    The EFAA and Regulation CC control, and any modifications to them 
should occasion

[[Page 397]]

credit unions to revisit this disclosure with a view to revising it to 
reflect current law.

                 (g) Fees and Charges (Sec. 707.4(b)(4))

    The following fees and charges may be assessed against your account:

(Service/explanation)--$______.
(Service/explanation)--$______.

    Note: Fees and charges may be disclosed in an account disclosure, or 
separately in a Rate and Fee Schedule (see section B-11 of this 
appendix). In either event, the disclosure should also specify when the 
fee will be assessed by using phrases such as ``per item,'' ``per 
month,'' or ``per inquiry.''

             (h) Transaction Limitations (Sec. 707.4(b)(5))

    The minimum amount you may [withdraw/write a draft for] is $________
    During any statement period, you may not make more than six 
withdrawals or transfers to another credit union account of yours or to 
a third party by means of a preauthorized or automatic transfer or 
telephonic order or instruction. No more than three of the six transfers 
may be made by check, draft, debit card, if applicable, or similar order 
to a third party. If you exceed the transfer limitations set forth above 
in any statement period, your account will be subject to [closure by the 
credit union/a fee of $________.

    Note: This paragraph satisfies the requirements of Sec. 707.4(b)(6) 
with respect to Regulation D limitations on share accounts and money 
market accounts. These are some of the more common limitations 
applicable.

    The credit union reserves the right to require a member intending to 
make a withdrawal from any account (except a share draft account) to 
give written notice of such intent not less than seven days and up to 60 
days before such withdrawal.

    Note: This disclosure is limited to federal credit unions with 
Bylaws containing this limitation. See Standard Federal Credit Union 
Bylaws, Art. III, section 5(a). Similar disclosures are required of any 
state-chartered credit unions having similar limitations in their 
bylaws, or under state law. This limitation does not directly relate to 
the ``number'' or ``amount'' of transactions, and accordingly, may not 
be necessary under Sec. 707.4(b)(5), but would, if applicable, be 
required by Sec. 707.3(b).

    (i) Disclosures Related to Term Share Accounts (Sec. 707.4(b)(6))

    (i) Time requirements
    Your account will mature on (date).

or

    Your account will mature after (time period).
    (ii) Early withdrawal penalties
    We [will/may] impose a penalty if you withdraw [any/all] of the 
[funds/principal] in your account before the maturity date. The penalty 
will equal [________ [days'/weeks'/months'] [dividends/interest] on your 
account.

or
    We [will/may] impose a penalty of $__________ if you withdraw [any/
all] of the [funds/principal] before the maturity date.
    If you withdraw some of your funds before maturity, the [dividend/
interest] rate for the remaining funds in your account will be ______%, 
with an annual percentage yield of ______%.

    Note: In most cases, the dividend rate and annual percentage yield 
on the funds remaining in the account after early withdrawal are the 
same as before the withdrawal. Accordingly, the disclosure of dividend 
rate and annual percentage yield after withdrawal is required only if 
the dividend rate and APY will change.

    (iii) Withdrawal of Dividends/Interest Prior to Maturity
    The annual percentage yield is based on an assumption that 
[dividends/interest] will remain in the account until maturity. A 
withdrawal will reduce earnings.

    Note: This disclosure may be used if the credit union compounds 
dividends/interest and allows withdrawal of accrued dividends/interest 
before maturity. This disclosure alerts members that the annual 
percentage yield is based on an assumption that the dividends/interest 
remain on deposit until maturity.

    (iv) Renewal Policies

             1. Automatically Renewable Term Share Accounts

    Your term share account will automatically renew at maturity. You 
will have a grace period of ________ [calendar/business] days after the 
maturity date to withdraw the funds in the account without being charged 
an early withdrawal penalty.

        or

    Your term share account will automatically renew at maturity. There 
is no grace period following the maturity of this account.

           2. Non-Automatically Renewable Term Share Accounts

    This account will not renew automatically at maturity. If you do not 
renew the account, your account will [continue to earn/no longer earn] 
[dividends/interest] after the maturity date.

    Note: These disclosures should agree with the necessary pre-maturity 
notices for term share accounts in B-3 of this appendix.


[[Page 398]]


    (v) Required dividend distribution.
    This account requires the distribution of dividends and does not 
allow dividends to remain in the account.

                     (j) Bonuses (Sec. 704.4(b)(7))

    You will [be paid/receive] [$__________/(description of item)] as a 
bonus [when you open the account/on (date)].
    You must maintain a minimum [daily balance/average daily balance] of 
$__________ to obtain the bonus.
    To earn the bonus, [$__________/your entire principal] must remain 
on deposit [for (time period)/until (date)].

    Note: These disclosures follow the requirements of Sec. 707.4(b)(7) 
and should be used as applicable. Further information may also be added, 
especially if it clarifies the conditions and timing of receiving the 
bonus, or better informs the member about the bonus.

         B-2  Model Clauses for Changes in Terms (Sec. 707.5(a))

    On (date), the (type of fee) will increase to $__________.
    On (date), the [dividend/interest] rate on your account will 
decrease to ______%, with an annual percentage yield (APY) of ______%.
    On (date), the [minimum daily balance/average daily balance] 
required to avoid imposition of a fee will increase to $__________.

    Note: These examples apply to the more common changes necessitating 
a change in terms notice. However, any change, amendment or modification 
reducing the APY or adversely affecting the members holding such 
accounts must be disclosed. For such changes not contemplated by the 
model clauses, the Board recommends the use of as simple language as 
possible to convey the change, along with cross-referencing to the 
particular sections or paragraph numbers of the account opening 
disclosures, when to do so
will assist members in reviewing and understanding the change.

  B-3  Model Clauses for Pre-Maturity Notices for Term Share Accounts 
                            (Sec. 707.5(b-d))

                            (a) Maturity Date

    Your term share account will mature on __________.

                             (b) Nonrenewal

    Unless your term share account is renewed, it will not accrue 
further [dividends/interest] after the maturity date.

                          (c) Rate Information

    The [dividend/interest] rate and annual percentage yield that will 
apply to your term share account if it is renewed have not yet been 
determined. That information will be available on ________. After that 
date, you may call the credit union during regular business hours at 
(telephone number) to find out the [dividend/interest] rate and annual 
percentage yield (APY) that will apply to your term share account if it 
is renewed.

    Note: Pre-maturity notices should follow the requirements of 
Sec. 707.5(b-d) as closely as possible. Care should be taken to explain 
any grace periods used. See discussion of use of alternative timing in 
supplementary information to Sec. 707.2(o) and Sec. 707.5(b-d).

      B-4  Sample Form (Signature Card/Application for Membership)

            Application for Membership/Account Signature Card

          ACCOUNT NUMBER________________________________________________

__________  __________  __________
  (last name) (first name) (middle name)

_______________________________________________________________________

   (street address)   (apartment number)

__________  ______  ________
  (city) (state) (zip code)

____________  ____________
(home telephone number) (business telephone number)

____-____-________    __________
  (Social Security # or TIN) (date of birth)

______________  ________________
  (mother's maiden name) (employer, occupation)

    I hereby make application for membership in and agree to conform to 
the Bylaws, as amended, of __________ Credit Union (the ``Credit 
Union''). I certify that: I am within the field of membership of this 
Credit Union; the information provided on this application is true and 
correct; and my signature on this card applies to all accounts under my 
name at this Credit Union. I also agree to be bound to the terms and 
conditions of any account that I have in the Credit Union now or in the 
future.

_______________________________________________________________________
    (signature of applicant)

    This application approved________(date) by the (Check one)

(  ) Board    (  ) Exec. Committee
(  ) Membership Officer

Signed:_________________________________________________________________
    (Secretary; Exec. Cmte. Member, or Membership Officer)

    Note: This form is modeled on NCUA Form FCU 150, Application for 
Membership, as discussed in the Accounting Manual for FCUs, 
Secs. 5030.1, 5150.3. It is noted that other information can also be 
requested on the signature card, as long as it is in accordance with

[[Page 399]]

federal and state laws. For example, information identifying the member, 
such as a state driver's license number, could be added. The types of 
accounts that the signature applies to could be specified. Furthermore, 
the Board notes that this card contains much identification information 
that may not be necessary for all credit unions; common sense should 
guide credit union boards of directors in designing their applications 
for membership/signature cards. However, the Board believes that the 
information solicited on this form is reasonable and prudent for many 
credit unions. Payable on death designations, joint account language 
required under state law, life savings beneficiary designations, and 
other like variations and designations may be added to the card if so 
desired. The proposed signature card/ application for membership form 
contained taxpayer certification language. One commenter noted that the 
IRS may always change its requirements in this area, which are beyond 
the authority of the Board. Therefore, the Board has deleted reference 
to the IRS taxpayer certification required by 26 USC 3406, but notes 
that such certification must be made in accordance with applicable law 
and IRS rules. The information may be included on the front and back of 
a standard size signature card, or on the front of a large size 
signature card. However, no account terms may be included on a signature 
card unless a copy of the signature card is provided to the member at 
the time of account opening. The Board recommends that credit unions 
refrain from this practice, and instead use standard account 
disclosures. One reason for this is that if laws, regulations or credit 
union policies change, discrepancies may result between them and the 
earlier signature card terms. Given the longevity of credit union 
membership, signature cards may well be in use for up to or over a 
century. In addition, as signature cards are relatively small, they 
probably will not contain enough space to make all desired and required 
disclosures. Fragmentation of terms, some on signature cards, some on 
separate disclosures, could easily lead to member confusion. As terms 
are usually construed against the drafter, credit unions should be very 
careful in their use of account terms and conditions varying from those 
provided as model clauses and sample forms in this appendix.

           B-5  Sample Form (Term Share (Certificate) Account)

                         Term Share Certificate

_______________________________________________________________________
Date Issued

_______________________________________________________________________
Account Number

_______________________________________________________________________
Certificate Number

_______________________________________________________________________
Social Security Number

    This is to certify that (name(s)) __________________ [is/ are] the 
owner(s) of a term share certificate account in the __________ Credit 
Union (the ``Credit Union'') in the amount of __________ Dollars 
($__________). This term share certificate account may be redeemed on 
(maturity date) __________ only upon presentation of the certificate to 
the Credit Union. The dividend rate of this certificate account is ____% 
with an annual percentage yield of ____%. The annual percentage yield 
and dividend rate assume that dividends are to be [check one] (  ) added 
to principal/(  ) paid to regular share account number __________/ (  ) 
mailed to owner(s). This account is subject to all terms and conditions 
stated in the Term Share Certificate Account Disclosures, as they may be 
amended from time to time, and incorporates the same by reference into 
this agreement.

_______________________________________________________________________
Authorized signature

_______________________________________________________________________
Authorized signature

    Note: This form is modeled on NCUA Form FCU 107SCP, Credit Union 
Share Certificate, as discussed in the Accounting Manual for FCUs, 
Secs. 5030.1, 5150.6. It is simplified to reflect the term share 
(certificate) account agreement, the parties involved, the maturity term 
and the annual percentage yield and dividend rate. All other terms are 
incorporated by reference. This should allow the credit union maximum 
flexibility in fashioning certificate, and other term share account, 
products. If a credit union so desired, other terms and conditions could 
be incorporated into the term share certificate itself, as long as a 
copy is presented to the member at the account opening. Care should also 
be taken to ensure that the term share certificate format addresses any 
necessary state law concerns. As the FRB's Regulation D on reserve 
requirements permits all term share accounts to be represented by a 
transferable or nontransferable, or a negotiable or nonnegotiable, 
certificate, instrument, passbook, statement or otherwise, and still be 
considered a ``time deposit'', the Board has made no entry on this 
sample form regarding such terms, leaving the decision instead to each 
credit union's board of directors. 12 CFR 202.4(c)(2).

[[Page 400]]

          B-6  Sample Form (Regular Share Account Disclosures)

                    Regular Share Account Disclosures

    1. Rate information. As of April 1, 1995, the dividend rate was 
5.00% and the annual percentage yield (APY) was 5.13% on your regular 
share account. In addition, the credit union estimates a prospective 
dividend rate of 5.25% and a prospective APY of 5.39% on your share 
account for this dividend period. The dividend rate and annual 
percentage yield may change every quarter as determined by the credit 
union board of directors.
    2. Compounding and crediting. Dividends will be compounded daily and 
will be credited quarterly. For this account type, the dividend period 
is quarterly, for example, the beginning date of the first dividend 
period of the calendar year is January 1 and the ending date of such 
dividend period is March 31. All other dividend periods follow this same 
pattern of dates. The dividend declaration date follows the ending date 
of a dividend period, and for the example is April 1. If you close your 
regular share account before dividends are credited, you will not 
receive accrued dividends.
    3. Minimum balance requirements. The minimum balance to open this 
account is the purchase of a $5 share in the Credit Union. You must 
maintain a minimum daily balance of $500 in your account to avoid a 
service fee. If, during any day during a quarter, your account balance 
falls below the required minimum daily balance, your account will be 
subject to a service fee of $5 for that quarter.
    4. Balance computation method. Dividends are calculated by the daily 
balance method which applies a daily periodic rate to the principal in 
your account each day.
    5. Accrual of dividends. Dividends will begin to accrue on the 
business day you deposit noncash items (e.g., checks) to your account.
    6. Fees and charges. The following fees and charges may be assessed 
against your account.
    a. Statement copies--$5.00 per statement.
    b. Account inquiries--$3.00 per inquiry.
    c. Dormant account fee--$10.00 per month.
    d. Wire transfers--$8.00 per transfer.
    e. Minimum balance service fee--$5.00 per quarter.
    f. Share transfer--$1.00 per transfer.
    g. Excessive share withdrawals $1.00 per item.
    7. Transaction limitations. During any statement period, you may not 
make more than six withdrawals or transfers to another credit union 
account of yours or to a third party by means of a preauthorized or 
automatic transfer or telephonic order or instruction. No more than 
three of the six transfers may be made by check, draft, debit card, if 
applicable, or similar order to a third party. If you exceed the 
transfer limitations set forth above in any statement period, your 
account will be subject to closure by the credit union or to a fee of 
$1.00 per item.
    8. Nature of dividends. Dividends are paid from current income and 
available earnings, after required transfers to reserves at the end of a 
dividend period.
    9. Bylaw Requirements. A member who fails to complete payment of one 
share within __________ of his admission to membership, or within 
__________ from the increase in the par value in shares, or a member who 
reduces his share balance below the par value of one share and does not 
increase the balance to at least the par value of one share within 
__________ of the reduction may be terminated from membership at the end 
of a dividend period. [All blanks should be filled with time chosen by 
credit union board of directors, but must be at least 6 months.] Shares 
may be transferred only from one member to another, by written 
instrument in such form as the Credit Union may prescribe. The Credit 
Union reserves the right, at any time, to require members to give, in 
writing, not more than 60 days notice of intention to withdraw the whole 
or any part of the amounts so paid in by them. No member may withdraw 
shareholdings that are pledged as required on security on loans without 
the written approval of the credit committee or a loan officer, except 
to the extent that such shares exceed the member's total primary and 
contingent liability to the Credit Union. No member may withdraw any 
shareholdings below the amount of his/her primary or contingent 
liability to the Credit Union if he/she is delinquent as a borrower, or 
if borrowers for whom he/she is comaker, endorser, or guarantor are 
delinquent, without the written approval of the credit committee or loan 
officer.
    10. Par value of shares; Dividend period. The par value of a regular 
share in this Credit Union is $5. The dividend period of the Credit 
Union is quarterly.
    11. National Credit Union Share Insurance Fund. Member accounts in 
this Credit Union are federally insured by the National Credit Union 
Share Insurance Fund.
    12. Other Terms and Conditions. [In this item, which may be titled 
or subdivided in any manner by each credit union, NCUA suggests that the 
following issues be covered or handled: Statutory lien or setoff; 
expenses (garnishments and bankruptcy orders and holds on account); 
joint ownership accounts; trust accounts; payable-on-death accounts; 
retirement accounts; Uniform Transfer to Minor Act accounts; sole 
proprietorship accounts; escrow and custodial accounts; corporation 
accounts; not-for-profit corporation accounts; voluntary association 
accounts; partnership accounts; public unit accounts; powers of attorney 
(guardianship orders); tax

[[Page 401]]

disclosures and certifications; Uniform Commercial Code variances; 
amendments; reliance on signature card; change of address; 
incorporations of other documents by reference, such as expedited funds 
availability policies, service charges schedules or electronic banking 
disclosures; ability to suspend services; and operational matters (stop 
payment orders--verbal and written, satisfactory identification, refusal 
of deposits not in proper form, wire transfers, stale check deposits, 
availability of periodic statements or passbook feature.)]

    Note: This form is modeled on the share account disclosures in the 
Accounting Manual for FCUs, Sec. 5150.7. The disclosures are for a 
variable-rate, daily balance method dividend calculation regular share 
account in an FCU with a $500 minimum balance to avoid service fees. For 
the example, the account was opened on May 1, 1995. Other terms are 
self-explanatory. The dividend rate paid and annual percentage yield 
disclosures will reflect the prospective dividend rate for a given 
dividend period. Item nos. 1-8 reflect standard TISA and part 707 
disclosures discussed in sections B-1 through B-3 of this appendix. Note 
that if the credit union limits the maximum amount of shares which may 
be held by one member under NCUA Standard FCU Bylaws, Art. III, section 
2, that this should be stated in item no. 7, transaction limitations. 
Item no. 9 reflects various terms provided in Art. III, sections 3-6 of 
the NCUA Standard FCU Bylaws. If this were a passbook account, then the 
requirements of Art. IV, Receipting for Money--Passbooks, in the NCUA 
Standard FCU Bylaws would also be included in item no. 9. Item no. 10 
reflects the par value amount of regular shares in a federal credit 
union, pursuant to section 117 of the FCU Act, 12 U.S.C. 117, and Art. 
XIV, section 3 of the NCUA Standard FCU Bylaws. It also states the 
dividend period of the credit union, which is set by the board of 
directors. Item no. 11 addresses the requirements of 12 CFR part 740. 
Nonfederally insured credit unions (NICUs) would be expected to disclose 
information required by section 151 of the Federal Deposit Insurance 
Corporation Improvement Act of 1991. 12 USC 1831t. By December 19, 1992, 
all NICUs were required to include conspicuously on all periodic 
statements of account, signature cards, passbooks, share certificates 
and other similar instruments of deposit and in all advertising a notice 
that the credit union is not federally insured. Additional disclosures 
will be required of NICUs by June 19, 1994. Item no. 12 is inserted to 
ensure that credit unions add other account terms and conditions not 
covered by the proposed regulation. These sorts of terms are 
contemplated by proposed Sec. 707.3(b), requiring that the disclosures 
reflect the terms of the legal obligation between the member and the 
credit union. This list is not meant to be exhaustive, but to give a 
general idea of other topics often covered in share account contracts. 
Item no. 12 is not expressly required by either TISA or part 707, but 
any of these terms that are disclosed must be accurate and not 
misleading. Also the Board strongly recommends that such terms are 
included in account opening disclosures to inform the membership and to 
clearly set forth the legal relationship between the members and their 
credit union.

           B-7  Sample Form (Share Draft Account Disclosures)

                     Share Draft Account Disclosures

    1. Rate information. As of January 1, 1995, the dividend rate was 
3.00% and the annual percentage yield (APY) was 3.04% on your share 
account. In addition, the prospective dividend rate on your account is 
3.15% with a prospective annual percentage yield (APY) of 3.20% for the 
current dividend period. The dividend rate and APY may change every 
dividend period as determined by the credit union board of directors.
    2. Compounding and crediting. Dividends will be compounded monthly 
and will be credited monthly. For this account type, the dividend period 
is monthly, for example, the beginning date of the first dividend period 
of the calendar year is January 1 and the ending date of such dividend 
period is January 31. All other dividend periods follow this same 
pattern of dates. The dividend declaration date follows the ending date 
of a dividend period, and for the example above is February 1. If you 
close your share draft account before dividends are credited, you will 
not receive accrued dividends.
    3. No Minimum balance requirements apply to this account.
    4. Balance computation method. Dividends are calculated by the 
average daily balance method which applies a periodic rate to the 
average daily balance in the account for the period. The average daily 
balance is calculated by adding the balance in the account for each day 
of the period and dividing that figure by the number of days in the 
period.
    5. Accrual of dividends. Dividends will begin to accrue no later 
than the business day we receive provisional credit for the placement of 
noncash items (e.g. checks) to your account.
    6. Fees and charges. The following fees and charges may be assessed 
against your account.
    a. Statement copies--$5.00 per statement.
    b. Account inquiries--$3.00 per inquiry.
    c. Dormant account fee--$10.00 per month.
    d. Wire transfers--$8.00 per transfer.
    e. Overdrafts/Returned Items--$5.00 per draft.
    f. Share transfer--$1.00 per transfer.
    g. Excessive share withdrawals--$1.00 per item.

[[Page 402]]

    h. Certified checks--$5.00 per check.
    i. Stop Payment Order--$5.00 per order.
    j. Check Printing Fee--$12.00 per 200 checks (varies depending on 
style of check ordered).
    7. No transaction limitations apply to this account.
    8. Nature of dividends. Dividends are paid from current income and 
available earnings, after required transfers to reserves at the end of a 
dividend period.
    9. Bylaw Requirements. A member who fails to complete payment of one 
share within __________ of his admission to membership, or within 
__________ from the increase in the par value in shares, or a member who 
reduces his share balance below the par value of one share and does not 
increase the balance to at least the par value of one share within 
__________ of the reduction may be terminated from membership at the end 
of a dividend period. [All blanks should be filled with time chosen by 
credit union board of directors, but must be at least 6 months.] Shares 
may be transferred only from one member to another, by written 
instrument in such form as the Credit Union may prescribe. The Credit 
Union reserves the right, at any time, to require members to give, in 
writing, not more than 60 days notice of intention to withdraw the whole 
or any part of the amounts so paid in by them. Shares paid in under an 
accumulated payroll deduction plan may not be withdrawn until credited 
to a member's account. No member may withdraw shareholdings that are 
pledged as required on security on loans without the written approval of 
the credit committee or a loan officer, except to the extent that such 
shares exceed the member's total primary and contingent liability to the 
Credit Union. No member may withdraw any shareholdings below the amount 
of his/her primary or contingent liability to the Credit Union if he/she 
is delinquent as a borrower, or if borrowers for whom he/she is comaker, 
endorser, or guarantor are delinquent, without the written approval of 
the credit committee or loan officer.
    10. Par value of shares; Dividend period. The par value of a regular 
share in this Credit Union is $5. The dividend period of the Credit 
Union is monthly, beginning on the first of a month and ending on the 
last day of the month.
    11. National Credit Union Share Insurance Fund. Member accounts in 
this Credit Union are federally insured by the National Credit Union 
Share Insurance Fund.
    12. Other Terms and Conditions. [See section B-6, item 12, of this 
appendix].

    Note: This form is modeled on the share account disclosures in the 
Accounting Manual for FCUs, Sec. 5150.7. The disclosures are for a 
variable-rate, average daily balance method dividend calculation share 
draft account in an FCU with no minimum balance requirement. For 
purposes of this example, the account was opened on January 15, 1995. 
The Credit Union has monthly dividend periods. Other terms are self-
explanatory. The dividend rate paid and annual percentage yield 
disclosures will reflect the prospective dividend rate for a given 
dividend period. The disclosures are very similar to the ones in section 
B-6 of appendix B, except for the rollback and par value disclosures, 
which have been removed from the final rule and appendices.

        B-8  Sample Form (Money Market Share Account Disclosures)

                 Money Market Share Account Disclosures

    1. Rate information. As of January 1, 1995, if your average daily 
balance was $500 or more, the dividend rate paid on the entire balance 
in your account was 4.75%, with an annual percentage yield (APY) of 
4.85%. If your average daily balance is $500 or more, a prospective 
dividend rate of 4.95% will be paid on the entire balance in your 
account with a prospective APY of 5.00% for this dividend period on your 
account. The dividend rate and APY may change every dividend period as 
determined by the credit union board of directors.
    2. Compounding and crediting. Dividends will be compounded monthly 
and will be credited quarterly. If you close your share money market 
account before dividends are credited, you will not receive accrued 
dividends.
    3. Minimum balance requirements. The minimum balance required to 
open this account is $500. You must maintain a minimum daily balance of 
$500 in your account to avoid a service fee. If, during any (time 
period), your account falls below the required minimum daily balance, 
your account will be subject to a service fee of $5 for that (time 
period).
    4. Balance computation method. Dividends are calculated by the 
average daily balance method which applies a periodic rate to the 
average daily balance in your account for the period. The average daily 
balance is calculated by adding the principal in the account for each 
day of the period and dividing that figure by the number of days in the 
period.
    5. Accrual of dividends. Dividends will begin to accrue on the 
business day you deposit noncash items (e.g., checks) to your account.
    6. Fees and charges. The following fees and charges may be assessed 
against your account.
    a. Statement copies--$5.00 per statement.
    b. Account inquiries--$3.00 per inquiry.
    c. Dormant account fee--$10.00 per month.
    d. Wire transfers--$8.00 per transfer.
    e. Minimum balance service fee--$5.00 per (time period).
    f. Share transfer--$1.00 per transfer.

[[Page 403]]

    g. Excessive share withdrawals--$1.00 per item.
    h. Certified checks--$5.00 per check.
    i. Stop Payment Order--$5.00 per order.
    j. Check Printing Fee--$12.00 per 200 checks (varies depending on 
style of check ordered).
    7. Transaction limitations. During any statement period, you may not 
make more than six withdrawals or transfers to another credit union 
account of yours or to a third party by means of a preauthorized or 
automatic transfer or telephonic order or instruction. No more than 
three of the six transfers may be made by check, draft, debit card, if 
applicable, or similar order to a third party. If you exceed the 
transfer limitations set forth above in any statement period, your 
account will be subject to closure by the credit union or to a fee of 
$1.00 per item.
    8. Nature of dividends. Dividends are paid from current income and 
available earnings, after required transfers to reserves at the end of a 
dividend period.
    9. Bylaw Requirements. [This section should reflect any requirements 
concerning share accounts in the FISCU's bylaws or charter.]
    10. Par value of shares; Dividend period. The par value of a regular 
share in this Credit Union is $50. The dividend period of the Credit 
Union is monthly, beginning on the first of a month and ending on the 
last day of the month.
    11. National Credit Union Share Insurance Fund. Member accounts in 
this Credit Union are federally insured by the National Credit Union 
Share Insurance Fund.
    12. Other Terms and Conditions. [See section B-6, item 12, of this 
appendix.]

    Note: This form is modeled on the share account disclosures in the 
Accounting Manual for FCUs, Sec. 5150.7 and on the share draft account 
disclosures in section B-7 of this appendix. The disclosures are for a 
variable-rate, tiered-rate (method A, option 1), average daily balance 
method dividend calculation, money market share account in a FISCU with 
a $500 minimum balance to open the account and to avoid service fees. 
For purposes of this example, the account was opened on January 29, 
1995. Other terms are self-explanatory. The dividend rate paid and 
annual percentage yield disclosures will reflect the prospective 
dividend rate for a given dividend period. Note that the contents of 
Item 9, Bylaw requirements, must be tailored to the specific bylaws of a 
FISCU or NICU. Also note the high par value amount in Item 10.

     B-9  Sample Form (Term Share (Certificate) Account Disclosures)

              Term Share (Certificate) Account Disclosures

    1. Rate information. [Repeat rates disclosed on face of term share 
certificate, see Sec. B-5, Sample Form (Term Share (Certificate) 
Account)].
    2. Compounding and crediting. Dividends will be compounded monthly 
and will be credited annually. If you close your certificate account 
before dividends are credited, you will not receive accrued dividends.
    3. Minimum balance requirements. The minium balance required to open 
this account is $500.
    4. Balance computation method. Dividends are calculated by the daily 
balance method, which applies a daily periodic rate to the principal in 
your account each day.
    5. Accrual of dividends. Dividends will begin to accrue on the 
business day you deposit noncash items (e.g., checks) to your account.
    6. Fees and charges. The following fees and charges may be assessed 
against your account.
    a. Statement copies--$5.00 per statement.
    b. Account inquiries--$3.00 per inquiry.
    c. Share transfer-- $1.00 per transfer.
    7. Transaction limitations. After the account is opened, you may not 
make deposits into the account until the maturity date stated on the 
certificate.
    8. Maturity date. Your account will mature on January 1, 1996.
    9. Early withdrawal penalties. We may impose a penalty if you 
withdraw any of the funds before the maturity date. The penalty will 
equal three months' dividends on your deposit.
    10. Renewal policies. Your certificate account will automatically 
renew at maturity. You will have a grace period of 10 business days 
after the maturity date to withdraw the funds in the account without 
being charged an early withdrawal penalty.
    11. Bonus. You will receive a new (insert brand name) toaster-oven 
as a bonus when you open the account after December 31, 1994, and before 
June 30, 1995. You must maintain your entire principal on deposit until 
the maturity date of your certificate account to obtain the bonus.
    12. [Reserved]
    13. Bylaw Requirements. [This section should reflect any 
requirements concerning share accounts in the FISCU's bylaws or 
charter.]
    14. Par value of shares; Dividend period. The par value of a regular 
share in this Credit Union is $25. The dividend period of the Credit 
Union on this type of account is annual, beginning on the date the 
account is opened, and ending on the stated maturity date, unless 
renewed.
    15. National Credit Union Share Insurance Fund. Member accounts in 
this Credit Union are federally insured by the National Credit Union 
Share Insurance Fund.
    16. Other Terms and Conditions. [See section B-6, item 12, of this 
appendix.]


[[Page 404]]


    Note: Even though this disclosure if for an account at a FISCU, this 
form is modeled on the share account disclosures in the Accounting 
Manual for FCUs, Sec. 5150.7 and upon the regular share account 
disclosures in section B-6 of this appendix. The disclosures are for a 
fixed-rate, daily balance method dividend calculation, automatically 
renewing term share certificate account in a FISCU with a $500 minimum 
balance to open the account and a ten day grace period. For the example, 
the account is opened on January 1, 1995 and matures on January 1, 1996. 
Other terms are self-explanatory. The dividend rate paid and annual 
percentage yield disclosures reflect the contracted, prospective 
dividend rate for a given dividend period. Note the special disclosures 
for term share certificate accounts, items nos. 8-10. Note also the 
bonus disclosure, item no. 11.

                 B-10  Sample Form (Periodic Statement)

                           Periodic Statement

_______________________________________________________________________
Member Name

_______________________________________________________________________
Account Number

[Transaction account activity by date.]
[Average daily balance of $1,500 for the month, daily compounding.]
    Your account earned $6.72, with an annual percentage yield earned of 
5.40%, for the statement period from May 1 through and including May 31. 
In addition, your account earned $15 in extraordinary dividends for this 
period. Any fees assessed against your account are shown in the body of 
the periodic statement and are identified by the code at the bottom 
margin of this statement.

                          Service Charge Codes

SC-1  Stop Payment Order Fee
SC-2  Statement Copy Fee
SC-3  Draft Return Fee
SC-4  Transfer from Shares
SC-5  Microfilm Copy
SC-6  Share Draft Printing Fee
SC-7  Dormant Account Fee
SC-8  Wire Transfer Fee
SC-9  Excessive Share Withdrawal Fee
SC-10  ______________________

                           Other Transactions

D  Dividends
EC  Error Correction
OR  Overdraft Returned
OL  Overdraft Loan
OS  Overdraft Share Transfer

    Note: This form is modeled on the share draft statement of account, 
Form FCU 107G-SD, in the Accounting Manual for FCUs, Sec. 5150.4. All 
information is self-explanatory. Codes of transactions are not required, 
but are a common credit union practice. The information regarding fees 
could also be included on the line of the periodic statement showing 
when the fees were debited from the account. Alternatively, a credit 
union could show all fees debited against the account for the statement 
period in a special area of the periodic statement. Clarity to the 
member of the required information--annual percentage yield earned; 
amount of dividends; fees imposed and length of period--is the important 
goal. An additional disclosure regarding the dollar value of any 
extraordinary dividends earned must be added to those statements showing 
the payment of such extraordinary dividends to the member.

                B-11  Sample Form (Rate and Fee Schedule)

                          Rate and Fee Schedule

    This Rate and Fee Schedule for all Accounts sets forth certain 
conditions, rates, fees and charges applicable to your regular share, 
share draft, and money market accounts at the __________ Federal Credit 
Union as of __________ [insert date of delivery to member]. This 
schedule is incorporated as part of your account agreement with the 
__________ Federal Credit Union.

                              Regular Share

    Dividend Rate as of Last Dividend Declaration Date ______%.
    Annual Percentage Yield as of Last Dividend Declaration Date 
______%.
    Prospective Dividend Rate ______%.
    Prospective Annual Percentage Yield ______%.
    Dividends Compounded [Annually, Semiannually, Quarterly, Monthly, 
Weekly, Daily].
    Dividends Credited--At close of a dividend period.
    Dividend Period [Annually, Semiannually, Quarterly, Monthly, Weekly, 
Daily].
    Minimum Opening Deposit $5.00 par value share.
    Minimum Monthly Balance [None, $ amount].

                               Share Draft

    Dividend Rate as of Last Dividend Declaration Date ______%.
    Annual Percentage Yield as of Last Dividend Declaration Date 
______%.
    Prospective Dividend Rate ______%.
    Prospective Annual Percentage Yield ______%.
    Dividends Compounded [Annually, Semiannually, Quarterly, Monthly, 
Weekly, Daily].
    Dividends Credited--At close of a dividend period.
    Dividend Period [Annually, Semiannually, Quarterly, Monthly, Weekly, 
Daily].

[[Page 405]]

    Minimum Opening Deposit [None, $ amount].
    Minimum Monthly Balance [None, $ amount].

                              Money Market

    Dividend Rate as of Last Dividend Declaration Date ______%.
    Annual Percentage Yield as of Last Dividend Declaration Date 
______%.
    Prospective Dividend Rate ______%.
    Prospective Annual Percentage Yield ______%.
    Dividends Compounded [Annually, Semiannually, Quarterly, Monthly, 
Weekly, Daily].
    Dividends Credited--At close of a dividend period.
    Dividend Period [Annually, Semiannually, Quarterly, Monthly, Weekly, 
Daily].
    Minimum Opening Deposit [None, $ amount].
    Minimum Monthly Balance [None, $ amount].
    The following fees may be assessed in connection with your accounts:

                     Fees Applicable to All Accounts

    Returned item fee--$____.00 per item.
    Account reconciliation fee--$____.00 per hour.
    Statement copies fee--$____.00 per statement.
    Certified draft fee--$____.00 per draft.
    Wire transfer fee--$____.00 per transfer.
    Account inquiry fee--$____.00 per inquiry.
    Dormant account fee--$____.00 per month.
    Minimum balance service fee--$____.00 per day.
    Share transfer fee--$____.00 per transfer.
    Excessive share withdrawals fee--$____.00 per item.

                        Share Draft Account Fees

    Monthly service fee--$____.00 per month.
    Overdraft transfers fee--$____.00 per overdraft.
    Drafts returned insufficient funds fee--$____.00 per draft.
    Stop payment order fee--$____.00 per order.
    Draft copy fee--$____.00 per copy.
    Check printing fee--$____.00 per 200 drafts.

                     Money Market Share Account Fees

    Monthly service fee--$____.00 per month.
    Check printing fee--$____.00 per 200 drafts.

    Note: This illustration is for use of an FCU. The information 
provided on a Rate and Fee Schedule can be presented in any format. To 
ensure that it is a part of the account agreement, if used, it should be 
incorporated by reference into the appropriate share account 
disclosures. The figures used are illustrative only, except for the 
overdraft transfer fee of $1.00 per overdraft and the excessive share 
transfer fee of $1.00 per item, which are set in the NCUA Standard FCU 
Bylaws, Art. III, sections 4 and 5(f), respectively.

[58 FR 50445, Sept. 27, 1993, as amended at 59 FR 13436, 13437, Mar. 22, 
1994; 63 FR 71575, Dec. 29, 1998]

         Appendix C to Part 707--Official Staff Interpretations

                              Introduction

    1. Official status. This commentary is the means by which the staff 
of the Office of General Counsel of the National Credit Union 
Administration issues official staff interpretations of Part 707 of the 
NCUA Rules and Regulations. Good faith compliance with this commentary 
affords protection from liability under section 271(f) of the Truth in 
Savings Act (TISA), 12 U.S.C. 4311.

  Section 707.1--Authority, Purpose, Coverage, and Effect on State Laws

                              (c) Coverage

    1. Foreign applicability. Part 707 applies to all credit unions that 
offer share and deposit accounts to residents (including resident 
aliens) of any state as defined in Sec. 707.2(v) and that offer accounts 
insurable by the National Credit Union Share Insurance Fund (NCUSIF) 
whether or not such accounts are insured by the NCUSIF. Corporate credit 
unions designated as such by NCUA under 12 CFR 704.2 (definition of 
``corporate credit union'') are exempt from part 707.
    2. Persons who advertise accounts. Persons who advertise accounts 
are subject to the advertising rules. This includes agent and agented 
accounts, such as a member who subdivides interests in a jumbo term 
share certificate account for sale to other parties or among members who 
form a certificate account investment club. For example, if an agent 
places an advertisement that offers members an interest in an account at 
a credit union, the advertising rules apply to the advertisement, 
whether the account is held by the agent or directly by the member.
    3. Nonautomated credit unions. Nonautomated credit unions with an 
asset size of $2 million or less, after subtracting any nonmember 
deposits, are exempt from TISA and part 707. NCUA defines a 
``nonautomated credit union'' as a credit union without sufficient data 
processing capability and capacity to establish, operate and maintain a 
share and loan software system to timely and accurately process all 
account transactions of all members. The nonautomated credit union 
exemption is available to all credit unions meeting the asset size and 
automation standards of this comment, including newly chartered credit 
unions. If any of the credit unions eligible for this exemption

[[Page 406]]

grow to have more than $2 million in assets as of December 31 of any 
year, the NCUA Board will require such credit unions to comply with TISA 
and part 707 on January 1 of one year after such credit union loses its 
exemption eligibility. Similarly, if a credit union becomes sufficiently 
automated to operate a complete share and loan system, such credit union 
will be entitled to the same compliance phase-in period.

                        (d) Effect on State Laws

    1. Preemption of state laws/Inconsistent requirements. State law 
requirements that are inconsistent with the requirements of TISA and 
part 707 are preempted to the extent of the inconsistency. A state law 
is inconsistent if it requires a credit union to make disclosures or 
take actions that contradict the requirements of the federal law. A 
state law is also contradictory if it requires the use of the same term 
to represent a different amount or a different meaning than the federal 
law, requires the use of a term different from that required in the 
federal law to describe the same item, or permits a method of 
calculating dividends or interest on an account different from that 
required in the federal law.
    2. Preemption determinations. A credit union, state, or other 
interested party may request the Board to determine whether a state law 
requirement is inconsistent with the federal requirements. A request for 
a determination should be addressed to NCUA's Office of General Counsel, 
1775 Duke Street, Alexandria, VA 22314. Written preemption requests 
should cite (or include a copy of) the allegedly inconsistent state law, 
demonstrate the inconsistency with TISA and part 707 and the burden on 
credit unions, and formally request a preemption determination. The 
Office of General Counsel may provide other interested parties, 
particularly affected states, an informal opportunity to comment on any 
request for a preemption determination, unless it finds that such notice 
and opportunity for comment would be impracticable, unnecessary, or 
contrary to the public interest. NCUA will publicize any preemption 
determinations using any means readily at its disposal.
    3. Effect of preemption determinations. After the Board, through its 
Office of General Counsel, determines that a state law is inconsistent, 
a credit union may not make disclosures using the inconsistent term or 
take actions relying on the inconsistent law.
    4. Reversal of determination. The Board reserves the right to 
reverse a determination for any reason bearing on the coverage or effect 
of state or federal law.

                       Section 707.2--Definitions

                               (a) Account

    1. Covered accounts. Examples of accounts subject to the regulation 
are:
    i. Dividend-bearing and interest-bearing accounts.
    ii. Non-dividend-bearing and non-interest-bearing accounts.
    iii. Accounts opened as a condition of obtaining a credit card.
    iv. Escrow accounts with a consumer purpose, such as an account 
established by a member to escrow rental payments, pending resolution of 
a dispute with the member's landlord.
    v. Accounts held by a parent or custodian for a minor under a 
state's Uniform Gift to Minors Act (or Uniform Transfers to Minors Act).
    vi. Individual retirement accounts (IRAs) and simplified employee 
pension (SEP) accounts.
    vii. Payable-on-Death (POD) or ``Totten trust'' accounts.
    2. Other accounts. Examples of accounts not subject to the 
regulation are:
    i. Mortgage escrow accounts for collecting taxes and property 
insurance premiums.
    ii. Accounts established to make periodic disbursements on 
construction loans.
    iii. Trust accounts opened by a trustee pursuant to a formal written 
trust agreement (not merely declarations of trust on a signature card 
such as a ``Totten trust,'' or an IRA or SEP account).
    iv. Accounts opened by an executor in the name of decedent's estate.
    v. Accounts of individuals operating businesses as sole proprietors.
    vi. Certificates of indebtedness. Some credit unions borrow funds 
from their members through a certificate of indebtedness that sets forth 
the terms and conditions of the repayment of the borrowing, such as 
federal credit unions do through 12 CFR 701.38. Such an account does not 
represent an account in a credit union and is not covered by part 707.
    vii. Unincorporated nonbusiness association accounts.
    3. Other investments. The term ``account'' does not apply to these 
products. Examples of products not covered are:
    i. Government securities.
    ii. Mutual funds.
    iii. Annuities.
    iv. Securities or obligations of a credit union.
    v. Contractual arrangements such as repurchase agreements, interest 
rate swaps, and bankers acceptances.
    vi. Purchases of U.S. Savings Bonds through a credit union.
    vii. Services offered through a group purchasing plan or a credit 
union service organization (CUSO).

[[Page 407]]

    4. Options. All dividend-bearing and interest-bearing accounts are 
either fixed-rate or variable-rate accounts.
    5. Use of synonyms. Generally, it is not the purpose of part 707 to 
prohibit specific descriptive terms for accounts. For example, credit 
unions can use adjectives and trade names to describe accounts such as 
``Best Share Draft Account,'' or ``Ultra Money Market Share Account.'' 
Synonyms for share, share draft, money market share, and term share 
accounts may be used to describe various types of credit union share and 
deposit accounts as long as the synonym is accurate and not misleading 
and, for account disclosures, is used in conjunction with the correct 
legal term. For example, the following synonyms may be used:
    i. The term ``checking account'' may be used to describe share draft 
accounts.
    ii. The term ``money market account'' may be used to describe money 
market share accounts.
    iii. The term ``savings account'' may be used to describe regular 
share and share accounts.
    iv. The terms ``share certificate,'' ``certificate account,'' or 
``certificate'' may be used to describe share certificates and other 
dividend-bearing term share accounts.
    v. However, under no circumstances may a credit union describe a 
share account as a deposit account, or vice versa. For example, the term 
``certificate of deposit'' or ``CD'' may not be used to describe share 
certificates and other dividend-bearing term share accounts. Similarly, 
the terms ``time account'' (used in Regulation DD, 12 CFR 230.2(u)) and 
``time deposit'' (used in Regulation D, 12 CFR 204.2(c)) may not be used 
to describe term share accounts.

                            (b) Advertisement

    1. Covered messages. Advertisements include commercial messages in 
visual, oral, or print media that invite, offer, or otherwise announce 
generally to members and potential members the availability of member 
accounts such as:
    i. Telephone solicitations.
    ii. Messages on automated teller machine (ATM) screens (including 
any printout).
    iii. Messages on a computer screen in a credit union's lobby 
(including any printout) other than a screen viewed solely by the credit 
union's employee.
    iv. Messages in a newspaper, magazine, or promotional flyer or on 
radio or television.
    v. Messages promoting an account that are provided along with 
information about the member's existing account at a credit union and 
that promote another account at the credit union (such as account 
promotional messages on the periodic statement).
    2. Other messages. Examples of messages that are not advertisements 
are:
    i. Rate sheets published in newspapers, periodicals, or trade 
journals (unless the credit union or share and deposit broker that 
offers accounts at the credit union pays a fee to have the information 
included or otherwise controls publication).
    ii. Telephone conversations initiated by a member or potential 
member about an account.
    iii. An in-person discussion with a member about the terms for a 
specific account.
    iv. Information provided to members about their existing accounts, 
such as on IRA disbursements, notices for automatically renewable term 
share accounts sent before renewal, or current rates recorded on a voice 
response machine.

                      (c) Annual Percentage Yield.

    1. General. The annual percentage yield (APY) is required for 
disclosures for new accounts, oral responses to inquiries about rates; 
disclosures provided upon request; initial disclosures (if the credit 
union chooses to provide full disclosures instead of the abbreviated 
notice); notices prior to the renewal of a term share account, if known 
at the time the notice is sent, and in advertising. The annual 
percentage yield shows the total amount of dividends for a 365 day 
period (or a 366 day period for a leap year) on an assumed principal 
amount based on the dividend rate and frequency of compounding as a 
percentage of the assumed principal (for accounts such as share or share 
draft accounts) or for the total amount of dividends over the term of 
the account for term share accounts. The annual percentage yield assumes 
the principal amount remains in the account for 365 days (366 days for 
leap year) or for the term of the account.
    2. How Annual Percentage Yield Differs from Annual Percentage Yield 
Earned. The annual percentage yield (APY) differs from the annual 
percentage yield earned (APYE). The annual percentage yield earned is 
required for periodic statements only. The annual percentage yield 
earned shows the total amount of dividends earned for the dividend or 
statement period as a percent of the actual average daily balance in the 
member's account. Unlike the annual percentage yield, the annual 
percentage yield earned is affected by additions and withdrawals during 
the period. The annual percentage yield and the annual percentage yield 
earned must be calculated according to the formulas provided in Appendix 
A to this rule.

                    (d) Average Daily Balance Method

    1. General. One of the two required methods (the daily balance is 
the other) of determining the balance upon which dividends must be 
accrued and paid. The average daily balance method requires the 
application of a periodic rate to the average daily balance in

[[Page 408]]

the account for the average daily balance calculation period. The 
average daily balance is determined by adding the full amount of 
principal in the account for each day of the period and dividing that 
figure by the number of days in the period.

                               (e) Board.

    1. General. The NCUA Board.

                                (f) Bonus

    1. General. Bonuses include items of value offered as incentives to 
members, such as an offer to pay the final installment deposit for a 
holiday club account if the final installment is over $10. Bonuses do 
not include the payment of dividends (including extraordinary 
dividends), the waiver or reduction of a fee, the absorption of 
expenses, non-dividend membership benefits, or other consideration 
aggregating $10 or less per year.
    2. Examples. The following are examples of bonuses.
    i. A credit union offers $25 to potential members for becoming a 
member and opening an account. The $25 could be provided by check, cash, 
or direct deposit.
    ii. A credit union offers $25 to a member with only a regular share 
account to open a share draft account. The $25 could be provided by 
check, cash, or direct deposit.
    iii. A credit union offers a portable radio with a value of $20 to 
members and potential members for opening a share draft account.
    iv. A credit union pays the final installment deposit for a holiday 
club account if over $10.
    3. Examples not comprising bonuses. The following are examples of 
items that are not bonuses:
    i. Discount coupons distributed by credit unions for use at 
restaurants or stores.
    ii. A credit union offers $20 to any member if the member is 
responsible for encouraging a potential member to open an account. The 
$20 is not a bonus because the $20 is not paid to the individual opening 
the account. Any item, including cash, given or offered to a third party 
(that is not a joint member or joint owner in an account being opened) 
in exchange for a member or potential member opening (or a member 
renewing or adding to) an account is not a bonus.
    iii. A credit union offers $25 to a member if the member can locate 
his name in the body of a newsletter.
    iv. Life savings benefits. Many credit unions offer life savings 
benefits to beneficiaries of deceased members. Because the benefit 
accrues to a third party, such life savings plans offered are not 
bonuses.
    v. A credit union offers to pay annual membership dues in a 
benevolent organization for a class of members.
    4. De minimis rule. Items with a de minimis value of $10 or less are 
not bonuses. Credit unions may rely on the valuation standard used by 
the Internal Revenue Service (IRS) to determine if the value of the item 
is de minimis. Items required to be reported by the credit union under 
IRS rules are bonuses under this regulation. Examples of items of de 
minimis values are:
    i. Disability insurance premiums on a share account valued at an 
amount of $10 or less per year.
    ii. Coffee mugs, T-shirts or other merchandise with a market value 
of $10 or less per year.
    5. Aggregation. In determining if an item valued at $10 or less is a 
bonus, credit unions must aggregate per account per calendar year items 
that may be given to members. In making this determination, credit 
unions aggregate per account only the market value of items that may be 
given for a specific promotion. To illustrate, assume a credit union 
offers in January to give members an item valued at $7 for each calendar 
quarter during the year that the average account balance in a share 
draft account exceeds $10,000. The bonus rules are triggered, since 
members are eligible under the promotion to receive up to $28 during the 
year. However, the bonus rules are not triggered if an item valued at $7 
is offered to members opening a share draft account during the month of 
January, even though in November the credit union introduces a new 
promotion that includes, for example, an offer to existing share draft 
accountholders for an item valued at $8 for maintaining an average 
balance of $5,000 for the month.
    6. Waiver or reduction of a fee or absorption of expenses. Bonuses 
do not include value received by members through the waiver or reduction 
of fees for credit union-related services (even if the fees waived 
exceed $10), such as the following:
    i. Waiving a safe deposit box rental fee for one year for members 
who open a new account.
    ii. Waiving fees for travelers checks for members, and waiving check 
and share draft printing fees.
    iii. Nondiscriminatorily waiving all fees for a particular class of 
members, such as seniors or minors.
    iv. Discounts on interest rates charged for loans at the credit 
union.
    v. Rebates of loan interest already paid by a member.
    vi. Discounts on application fees charged for loans at the credit 
union.
    vii. Packaged, linked, or tied-account services.
    7. Non-dividend membership benefits. Such benefits are not bonuses 
because they are sporadic in nature, often difficult to value, and 
providing non-dividend membership benefits is a long-standing unique 
credit union practice. (See commentary to Sec. 707.2(r) for examples of 
such benefits.)

[[Page 409]]

                            (g) Credit Union

    1. General. Includes credit unions in the United States, Puerto 
Rico, Guam, U.S. Virgin Islands, and U.S. territories. Applies to credit 
unions whether or not the accounts in the credit union are federally, 
state, privately insured, or uninsured.

                        (h) Daily Balance Method

    1. General. One of the two required methods (the average daily 
balance is the other) of determining the balance upon which dividends 
must be accrued and paid. The daily balance method requires the 
application of a daily periodic rate to the full amount of principal in 
the account each day.

                       (i) Dividend and Dividends

    1. General. Member savings placed in share accounts are equity 
investments, and the returns earned on these accounts are dividends. 
Federal credit unions may only offer dividend-bearing and non-dividend-
bearing share accounts. State-chartered credit unions may offer both 
share and deposit accounts if permitted by state law. State law, 
including without limitation regulations and official interpretations, 
will determine if returns earned in accounts in state-chartered credit 
unions are dividends. Dividends exclude the payment of a bonus or other 
consideration worth $10 or less given during a year, the waiver or 
reduction of a fee, the absorption of expenses, non-dividend membership 
benefits and extraordinary dividends. Dividend-bearing accounts must be 
either fixed-rate or variable-rate accounts.
    2. Procedure. Credit unions must follow appropriate law (state law 
for state-chartered credit unions and federal law for federal credit 
unions) in determining dividend policies and declaring dividends. 
Generally, dividends may be viewed as a portion of the available account 
and undivided earnings of the credit union which is set apart, after 
required transfer to reserves, by valid act of the board of directors, 
for distribution among the members. As a matter of legal procedure, 
members are usually not entitled to dividends until the following steps 
are completed: (1) The board of the credit union develops a 
nondiscriminatory dividend policy, by establishing dividend periods, 
dividend credit determination dates dividend distribution dates, any 
associated penalties (if applicable), and the method of dividend 
computation for each type of share account; (2) the provisions for 
required transfers to reserves are made; (3) sufficient and available 
prior and/or current earnings are available at the end of the dividend 
period; (4) the board formally makes a dividend declaration in 
accordance with the credit union's dividend policy; and (5) dividends 
must be paid to members by a credit to the appropriate share account, 
payment by check or share draft, or by a combination of the two methods.
    3. When available. Credit unions must follow the law of their 
primary chartering authority to determine when dividends are available. 
Generally, it is the declaration of the dividend itself which creates 
the dividend and the member has no right to receive a dividend until it 
is so declared. The decision of when to declare dividends lies within 
the official discretion of each credit union's board of directors and 
cannot be abrogated by contract. An agreement to pay dividends on a 
share account is generally interpreted not as an obligation to pay the 
stipulated dividends absolutely and unconditionally, but as an 
undertaking to pay them out of the earnings when sufficiently 
accumulated from which dividends in general are properly payable. 
Generally, ``prospective rates'' are rates set in good faith in advance 
of the close of a dividend period, that may be altered if sufficient 
funds are not available, or in the event of a superseding event, such as 
a strike, plant closure, significant fluctuation in market rates and/or 
a significant change in financial structure, natural disaster or 
emergency that alters the assumptions under which the ``prospective 
rates'' were made. It is the intent of TISA that all disclosure be 
accurate when made, and credit unions are urged to make every effort to 
ratify disclosed ``prospective rates.'' ``Prospective rates'' may also 
be referred to as ``projected rates'' or similar wording, but not as 
``estimated rates.'' (See comment 3(b)-2, prohibiting use of estimates).
    4. Sample dividend resolutions. (i) The following resolution may be 
used where the dividend rates are set after the close of a dividend 
period.

    Resolution of Board of Directors for the Declaration of Dividends

    A. I, ________________, certify that I am Secretary of 
________________ Credit Union Board of Directors, and that the following 
is a correct copy of the resolution for declaring dividend adopted by 
the ________________ Credit Union at a meeting of the Board of Directors 
duly and properly held on ____________, 19______. This resolution 
appears in the minutes of this meeting and has not been rescinded or 
modified.
    B. Resolved, that
    (1) The Board of Directors has developed a nondiscriminatory 
dividend policy, by establishing dividend periods, dividend credit 
determination dates, dividend distribution dates, any associated 
penalties (if applicable), and the method of dividend computation for 
each type of share account;
    (2) The required transfers to rese