CREDIH‘ UNION L‘EEGESLATION \ THESES FOR THE DEGREE OF M. A.- M’iCHiGAN STATE CC’LLEGE 5.3310 F. SIKORSKI 19135 3 . l I l‘ ' 1 l “— /I E». This is to certify that the thesis entitled C rec” Mnr'on Le/Jifléfia'n presented by Leo F SKor;/f,’ has been accepted towards fulfillment of the requirements for fiA— degree in ME]; 5 KW/w/M Major professor Date 5”?”‘ifi- 0-169 CR EDIT UNION LEGISLATION BY LEO P. SIKOR SKI A THESIS Submitted to the School of Graduate Studies of Michigan State College of Agriculture and Applied Science in partial fulfillment of the requirements for the degree of MASTER OF AR TS Department of Economic s '/(’f 1955 ( Tween- "7...,7 - --._—~' I f H’)’99 ABSTRACT Within the last ten years, credit unions in the United States have assumed major importance as suppliers of consumer credit, and as institutions where the working man may invest his savings. As credit unions have grown in importance, there have arisen. gran- diose claims for and against credit unions, in regard to their mode of operation, and the legislation of them. This study was written in an attempt to examine credit unions in order to substantiate or refute these claims, with special emphasis being placed on Michigan credit unions and the Michigan Credit Union Act. Discussion begins with a section on the historical background of credit unions, which includes the nature of a credit union, tracing the development of credit unions in the United States since 1900, and in Michigan since 1925, and a brief summary of the major provisions of the Michigan Credit Union Act. The protection of members‘ funds, provided by the existing credit union legislation, is next examined by discussion of the credit union legal requirements relating to membership and capital. loans, reserves, supervision, and regulation by state or federal authority. ii 363565 Credit union liquidations, both Michigan-chartered and federal— chartered, are examined to determine the causes of liquidation in order to discover whether or not these liquidations could have been prevented by improved credit union legislation. Regulation of financial institutions, performing functions sim- ilar to credit unions, is examined to determine the validity of claims that credit unions are operating under legislation which favors credit unions, while discriminating against other similar institutions. From the information presented and the recommendations made, the author has endeavored to compile a list of suggested re- visions applicable to any credit union bill, which, if adopted, would improve both the safety provided for members' funds and increase the operational efficiency of credit unions, while not attempting to stifle their growth potential. The final pages of the study are de- voted to suggested areas of further study, which the author believes desirable, for future judgment of credit unions. iii ACKNOWLEDGMENT S The author wishes to express his sincere thanks to Dr. Richard W. Lindholm, under whose inspiration, supervision, and interest this investigation was undertaken and to whom the results are herewith dedicated. Grateful acknowledgment is also due to Mr. Delmar C. Nagel, Deputy Commissioner, State Banking Department; Mr. Ralph L. Stickle, Executive Manager, Michigan Bankers Association; Mr. C. J. McLanahan, Director of Training, Michigan Credit Union League; and Mr. David Arsenault, Treasurer-Manager, Wyandotte Chemicals Employees' Credit Union, all of whom have donated freely of their assistance and advice. He is also greatly indebted to his wife, Rita, whose patience, fortitude, and assistance has made completion of this study possible. iv TABLE OF CONTENTS Page INTRODUCTION 1 CHAPTER I. HISTORICAL BACKGROUND ................ 3 Nature of a Credit Union ................ 3 Credit Union Development ................ 5 Michigan Credit Union Legislation .......... 7 II. PROTECTION OF MEMBERS' FUNDS .......... 19 Membership and Capital ................. l9 Loans to Members ..................... 20 Reserves ............................ 23 Regulation by State or Federal Authority ..... 24 Supervision .......................... 2.5 Comments on Protection of Members' Funds . . . 26 Membership and capital ............... 26 Loans ............................ 28 Reserves .......................... 36 Regulation by state or federal authority . . . . I 44 Supervision ........................ 49 CHAPTER III. CREDIT UNION LIQUIDATIONS .............. Federal Credit Union Liquidations, 1935-1953 Michigan-Chartered Credit Union Liquidations IV. REGULATION OF SIMILAR INSTITUTIONS ...... Personal Service Subsidies ............... Corporate Subsidies .................... Government Subsidies ................... Free services ...................... Taxation .......................... Organization requirements .............. V. UNIFORM CREDIT UNION CODE ............. VI. SUMMARY, CONCLUSIONS, AND SUGGESTIONS FOR FURTHER STUDY .................... Summary ............................ Conclusions .......................... Suggestions for Further Study ............. APPENDIX A: MICHIGAN CREDIT UNION ACT ........ vi Page 53 54 63 72 75 75 75 75 76 77 78 84 90 90 100 103 105 107 112 TABLE III . IV. VI. VII. VIII. IX. LIST OF TABLES Deve10pment of State-Chartered Credit Unions in Michigan, 1933-1953 .................... Development of Federal-Chartered Credit Unions in Michigan, 1936-195 3 .................... Relative Development of Credit Union Member- ship in Michigan, 1933-1953 ................ Number of Charters Issued and Canceled by Years, as of December 31, 1934-1953 ......... Number, Membership, and Share Balances of Federal Credit Unions Liquidated, 1936-1953 ..... Number of Federal Charters Issued and Canceled in Michigan, by Years, as of December 31, 1936- 1953 ................... Analysis of Reasons Reported for Liquidations of Federal Credit Unions, 1948-1951 .......... Number of State Charters Issued and Canceled in Michigan, by Years, as of December 31, 1946-1951 ............................. United States Installment Credit by Holder ...... vii Page 12 l3 14 55 56 58 60 64 74 LIST OF FIGURES FIGURE Page 1. Total Assets of State- and Federal-Chartered Credit Unions in Michigan, 1933-1953 ........... l6 2. Loans Outstanding of State- and Federal- Chartered Credit Unions in Michigan, 1933- 1953 .................................. 17 viii l t ll f“ r ——~.~ u I ‘f"" ”-1! .n‘; l u .5 t...;_ "".Au\‘ H I h. J F. <5 ‘, “4‘ . l v V - 4.). k"‘ ~. 'fli.‘ . . '-.,, .. , .‘f .-. hw- -, . “-4 '_.. “ v I .1, INTRODUCTION As the industrial revolution captivated the American economy, forcing people off the farm into the industrial centers, wage earners became dependent on a money income. Whenever the family income stopped or was strongly subjected to extraordinary demands, credit had to be found to fill the gap between consumption and income. Loan sharks were the first to fill the gap, answering the need for small loans. Operating outside the law, the loan sharks charged prohibitive rates of interest. It was not very long before these abuses began to be seen and felt by the public, and agitation for small loan agencies, which would charge low rates of interest, be- came the topic of the day. ’One approach to the problem of supplying credit for the masses was the development of cooperative credit unions. With the passage of Special credit union enabling acts by the individual states and by the federal government, credit unions rapidly became accepted by the American people, to the point where on March 15, 1954, one out of every nine workers in the United States was a credit union member in one of the 14,585 credit unions in operation on that day, who had a combined asset value of over two billion dollars and loans outstand— ing of $1.5 billion and deposits of over $1.8 billion. Credit unions did not really reach an important financial status until the years following World War II. Previous to that time little attention was paid to the credit unions. But since their rapid growth more and more persons connected with consumer credit have begun to look at the operations of credit unions and their legal structures. The above examinations have given rise to grandiose claims and dis— paraging countercharges, making credit unions a lively topic of dis— cussion. The purpose of this study is to evaluate the legislation govern- ing credit unions, with emphasis on the Michigan Credit Union Act, and to suggest possible legislative and administrative improvements in their operations. CHAPTER I HISTORICAL BACKGROUND Nature of a Credit Union A credit union is a union of persons, having a common bond of interest, in a financial association whose principal purpose is the extension of short-term credit to its members at low rates of interest, and the promotion of thrift among its members1 by the systematic sale of shares and acceptance of savings deposits. The members of a credit union have a common bond of inter- est, other than the credit union, through having a common employer, common membership in a fraternal society, religious organization, or having residence in a well-defined community. In the United States commercial institutions make consumer credit available to different strata of borrowers. The credit union is one of these Specialized consumer credit agencies. Its distin- guishing appeal lies in the broader basis of self help through co- operation rather than in the profit motive of other agencies. Roy F. Bergengren, Credit Union North America, Southern Publishers, Inc., Kingsport, Tennessee, 1940, p. 5. 3 A credit union receives all of its capital in cash from mem- bers who buy shares and/or make ‘deposits. Each member in effect becomes a stockholder. His investment in the credit union is evi- denced by shares which can be bought outright or on installments. These shares differ from ordinary or common stock of commercial corporations because they can be turned into the credit union for cash at the will of the holders. Many credit unions secure additional working funds by ac- cepting deposits of members and of their families. Deposits are more informal investments than shares. They receive a lower fixed return than the share dividend, and have a prior call on assets, in the case of failure, than do shares. Credit unions may borrow additional capital from banks or other credit unions, but borrowings are intended merely to supple- ment the paid-in capital. The funds which are accumulated by a credit union may be loaned only to its members, or to another credit union, for provi- dent or productive purposes, at interest rates, in Michigan, not to 1 exceed 1 percent per month on the unpaid balances of a loan. The 1 Act 285, P. A. 192.5, State of Michigan, State Banking De— Partment, Lansing, p. 1. amount loaned to any individual or any credit union, and the terms of the loan are subject to restrictions imposed by law. Credit unions have a corporate form of organization and must receive legal authorization to operate from either the federal government, the District of Columbia, or one of the forty-four states which have enacted enabling legislation. In Michigan, credit unions may be organized under the provisions of the state banking law re- lating to credit unions and are subject to supervision by the State Banking Department.l Residents of Michigan may also organize credit unions under the terms of the Federal Credit Union Act, which is administered by the Bureau of Federal Credit Unions in the Fed- 2 eral Security Agency. Credit Union Development Although the history of co-operative credit dates back over a century, modern credit union history began in 1900 with the or- ganization of the "People's Bank" at Lewis, Quebec, by Alphonse 1 Ibid. Z Lederal Credit Union Act, June 26, 1934, Federal Security Agency. Washington, D. C., pp. 1—2. Desjardins, a journalist.1 Aroused by the effects on the poor people in Montreal of the activities of unscrupulous and usurious money lenders, he organized credit societies among rural parish groups. Shares were of small denominations: liability was limited; dividends were paid to shareholders; deposits were accepted, but only from members; and "redemptive" as well as “productive" loans were granted. Early in 1909, Desjardins came to Boston and aided in draft- ing the bill which made Massachusetts the first state to authorize credit unions. Edward A. Filene, a wealthy Boston merchant, played an important role in the development of Massachusetts credit unions. While this legislation was being adopted, Desjardins went to Man- Chester, New Hampshire, where he helped set up one of his "People's Banks" named La Caisse Populaire Ste. Marie, which enjoys the distinction of being the very first credit union to be organized in 3 the United States. Massachusetts became the first state to enact l Maxwell S. Stuart, Credit Unions--The People's Banks, Public Affairs Pamphlet, No. 50, Public Affairs Committee Inc., 1942, p. 3. 2 Ibid. 3 . Stuart, op. c1t., p. 3. a credit union law, enacting it in 1909 and it became a model for effective credit unions to follow for twelve years.1 Other states followed Massachusetts rather haphazardly until 1921. In that year Edward A. Filene and Roy F. Bergengren established the Credit Union National Extension Bureau for the purpose of amending those laws passed by states prior to 1921 which were hopelessly defective, and for the promotion of a uniform credit law as a basis for any future enabling legislation. After 1921 state after state passed ena- bling legislation and in 1934 Roy F. Bergengren wrote a federal bill which was introduced by Senator Morris Sheppard of Texas, signed by President Roosevelt, and enacted, enabling credit unions to be chartered anywhere in the United States and its possessions, by the fede ral gove rnment. Michigan Credit Union Legislation The Michigan credit union law dates from 1925 when Roy Bergengren was introduced to Bert Cody, Chairman of the Republican State Committee, of the Michigan Republican Party, which was the 1 Ibid., p. 4. 2 Roy F. Bergengren, Crusade, Exposition Press, New York, 1952, p. 82. majority party at that time. Mr. Cody was able to have George C. Watson, of St. Clair County, introduce House Bill 110, to provide for the organization, operation, and supervision of credit unions in . . 1 M1ch1gan. The bill passed the House and was sent to the Senate where it was amended and returned to the House. The House approved the amendment and presented it to Governor Alexander J. Grosbeck, who approved it on May 13, 1925, and it became Public Act 2815, to be effective August 27, 1925. . . . 3 4 The cred1t union act of 1925 was amended 1n 1929 and 1941. However, they were very minor changes and the existing law is the same as that adopted in 1925. Previous to the passage of the Michigan Credit Union Act, there were a few credit unions in existence in Michigan. However, it can reasonably be surmised that the extent of their operations 1 Bergengren, Crusade, op. cit., p. 86. 2 Michigan House Journal, Robert Smith Co., Lansing, 1925, Vol. II, pp. 1098, 1255, 1246. 3 Ibid., 1929, vol. I, p. 536. 4 Michigan Senate Journal, Robert Smith Co., Lansing, 1941, Vol. II. pp. 1001, 1590. was small. Without any regulation or state sanction, it is doubtful that many persons would entrust their savings to a credit union. Further, in order to pay a competitive dividend and interest of 5 to 6 percent annually, income would have had to be sufficiently high to pay the modest expenses as well as interest and dividends. Borrowers would have to charge about 1 percent a month. This level was above the interest rate sanctioned by the Michigan small loan law, Act 228, P. A. 1915, amended 1921. In 1925, Michigan enacted Act 284, P. A., Section 1 of which makes it unlawful for any individual person or unincorporated asso- ciation of individuals to engage in the business of banking such as accepting deposits or making loans. After this legislation, it became impossible for a credit union to develop unless a special credit union act were adopted, since it would have been difficult for them to raise sufficient capital and com- mand sufficient knowledge of banking to obtain a banking charter under 3 the requirements of Act 205, P. A. 1887. Roger S. Barrett, Compilation of Consumer Finance Laws, National Consumer Finance Association, Washington, D. C., 1952, p. 296. 2 Act 284, P. A. 1925, State of Michigan, State Banking De- partment, Lansing, Section 1. 3 Act 205, P. A. 1887, State of Michigan, State Banking De- partment, Lansing, Section 1. 10 With the passage of the Michigan Credit Union Act, credit unions, after a slow start, began to expand very rapidly. The slow start of credit unions in Michigan was due to the newness of this type of institution and to the depression years when few people had funds to place in any savings institution. The period of the "loan shark" had just passed and the people were skeptical about placing their funds in an untried institution. However, with a few years' experience, and a record of few liquidations in the depression, faith in the credit union expanded as did the credit unions. At the end of 1933, forty state-chartered credit unions were in operation in Michigan with assets of $652,449, seven thousand two hundred fifty- nine members, and $487,999 in loans outstanding. When the United States entered World War II at the end of 1941, state-chartered credit unions in Michigan numbered 176, with a combined membership of 67,336, loans outstanding of $6,993,853, and total assets of $10,750,835.2 During the year of 1941, these credit unions made total loans of $10,037,446 to 32,581 borrowers l gmsolidated Statement and List of Credit Unions, Michigan State Banking Department, Lansing, 1937-1953. 2 Ibid. 11 for an average loan of $209. There were 6,184 depositors with an average depost of $99. and the average shareholding amounted to $138 per member. During the war the credit union movement was slowed down, and membership fell off. However, with the cessation of hostilities, the upward trend was resumed with far greater rapidity. At the end of 1953, membership had grown to 164,627, with 235 state- chartered credit unions operating in Michigan, with total assets of $77,979,508 and loans outstanding of $57,708,289.2 During the year of 1953, these credit unions made 158,807 loans amounting to $63,- 477,170 for an average loan of $399. Depositors numbered 2,562 with an average deposit of $227 while shareholdings amounted to an average of $395 per member. Total deposits were $581,858, while total value of shares held by members amounted to $65,143,0623 (see Tables I, II, and III). The passage of the Federal Credit Union Act encouraged the creation of more credit unions. Soon federal—chartered credit unions surpassed the state-chartered unions in Michigan in both rate of Ibid. Ibid. Ibid. 12 TABLE 1 DEVELOPMENT OF STATE-CHARTERED CREDIT UNIONS IN MICHIGAN, 1933-1953 No. of Year No. of Unions Loans A t Unions Report- Outstanding .sse S ing 1933 40 40 $ 487,999 652,449 1934 51 51 635,251 836,868 1935 73 73 1,206,448 1,350,578 1936 109 109 1,767,978 2,341,506 1937 137 137 2,806,958 3,290,376 1938 139 139 3,576,407 4,634,077 1939 163 163 5,215,272 6,720,069 1940 162 162 6,330,312 8,943,037 1941 176 171 6,993,853 10,750,835 1942 172 165 5,022,001 11,464,737 1943 165 164 4,491,699 12,742,085 1944 160 157 4,854,041 14,614,933 1945 154 153 5,189,139 16,566,082 1946 148 147 7,938,974 19,215,859 1947 150 150 11,846,818 23,544,913 1948 158 158 18,057,674 29,253,233 1949 161 159 24,154,321 36,049,580 1950 165 165 29,694,887 42,344,111 1951 171 170 32,643,182 48,869,769 1952 177 174 43,170,861 62,296,415 1953 235 210 57,708,289 77,979,508 Source: Compiled from Consolidated Statement and List of Credit Unions, State Banking Department, Lansing, 1938-53. 13 TABLE II DEVELOPMENT OF FEDERAL-CHARTERED CREDIT UNIONS IN MICHIGAN, 1936-1953 No. of Year No. of Unions Loans Assets Unions Report- Outstanding ing 1936 50 41 1937 54 44 $ 318,346 $ 413,904 1938 57 50 339,511 482,393 1939 66 53 537,673 736,278 1940 86 73 1,005,983 1,670,398 1941 107 90 1,629,255 3,086,334 1942 110 84 1,133,479 3,643,534 1943 91 79 1,005,442 4,377,185 1944 93 84 1,127,045 5,007,531 1945 94 87 1,200,409 4,699,311 1946 99 93 2,142,375 5,689,292 1947 112 100 3,735,697 7,775,024 1948 123 117 6,127,016 10,402,563 1949 163 157 8,072,050 12,902,638 1950 220 214 12,765,268 18,805,332 1951 297 281 17,622,875 27,168,165 1952 388 369 28,134,389 42,796,951 1953 462 454 48,574,467 66,163,647 Source: Monthly Labor Review, United States Department of Labor U. 5. Government Printing Office, Washington, Vol. 69, No. 3, September, 1949, p. 279; Vol. 76, No. 2, February, 1953, p. 155. 14 TABLE III RELATIVE DEVELOPMENT OF CREDIT UNION MEMBERSHIP IN MICHIGAN, 1933-1953 Federal State Year Unions Unions Report— Members Report- Members ing ing 1933 40 7,259 1934 51 9,688 1935 73 14,840 1936 41 5,251 109 23,018 1937 44 8,706 137 30,510 1938 50 10,189 139 36,358 1939 53 14,295 163 50,659 1940 73 23,869 162 59,664 1941 90 38,872 171 67,336 1942 84 36,619 165 64,517 1943 79 42,434 164 63,702 1944 84 49,155 157 65,165 1945 87 44,793 . 153 63,840 1946 93 51,157 147 69,673 1947 100 61,715 150 79,880 1948 117 74,330 158 92,354 1949 157 82,973 159 102,561 1950 214 113,391 165 118,484 1951 281 143,977 170 130,482 1952 369 192,471 174 143,814 1953 454 246,476 210 164,627 Sources: State-Chartered--Compi1ed from Consolidated Statement and List of Credit Unions, State Banking Department, Lansing, 1938-53. Federal-Chartered--Month1y Labor Re- 1193!! United States Department of Labor, U. S. Government Printing Office, Washington, Vol. 69, No. 3, September, 1949, p. 279; Vol. 76, No. 2, February, 1953, p. 155. 15 growth and aggregate membership. At the end of 1953 there were 454 federal-chartered credit unions in Michigan with assets of $66,- 163,647, loans outstanding of $57,708,289, and membership of 246,476 (see Tables I, II, and III, and Figures 1 and 2). Since the primary purpose of this investigation is to deter- mine if the existing regulation by federal and state authorities of credit unions in Michigan is adequate, I shall limit further discussion of credit unions to the following questions: 1. Is the existing legislation adequate to provide sufficient protection to credit union depositors, without stifling their development ? 2. What has caused credit union liquidations in the past, and has this been the result of a lack of necessary legislation? 3. 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