Pub.16 2021-22 Issue 2

NEBRASKA BANKERS ASSOCIATION 11 Email Rob Nichols at rnichols@aba.com . than focusing on low-to-moderate-income communities sharing a common bond, credit unions increasingly target a wealthier client base, market wealth management services, luxury goods financing and commercial banking services. This is not what credit unions were created to do. Consumers also lose out when credit unions gobble up community banks, given that credit unions are not held to the same rigorous regulatory standards as banks when it comes to consumer protection or community reinvestment. These deals are also bad for the credit union industry itself, as small credit unions are increasingly forced to compete with an expanding cadre of large, growth-oriented firms. Yet despite all this, credit unions continue to persist in their pursuit of community bank acquisitions, aided and abetted by the National Credit Union Administration, which went so far as to attempt to formally codify this process with a proposed rulemaking last year – a step ABA vigorously opposed. These efforts represent yet another assault on the statutory definition of “credit unions” enshrined in the Federal Credit Union Act that has been going on for years. It’s even been acknowledged at the highest levels of the leadership of the NCUA’s. One need look no further than former NCUA Chairman Mark McWatters’ warning that the agency he once led has become “inappropriately emboldened” and has allowed the institutions it is charged with supervising to creep far beyond their statutory boundaries. It’s time for Congress to step in. Lawmakers must determine whether these types of acquisitions – and the negative consequences that follow – align with the public policy goals Congress intended when it created the credit union tax exemption in the first place. Until they do, the banking industry must continue to push back – as it has in states like Iowa and Colorado, where state regulators have determined that local statutes do not allow credit unions to acquire state-chartered banks. ABA will continue its advocacy against these types of mergers – as we did in a recent letter to the OCC, highlighting the particular threat they pose to the mutual bank business model. We will continue to make these arguments loudly and often because we know that when tax-exempt credit unions overtake taxpaying banks, everyone loses.  Since 1857, Cline Williams has devoted attention to the unique needs of the banking and nancial services industries. Since then, we have provided our clients with the resources they need in the areas that are most important to them – from lending and collections, to regulatory compliance, to mergers and acquisitions, and so much more. We’re more than a law rm. We’re a partner for your bank. LINCOLN I OMAHA I AURORA I FORT COLLINS I HOLYOKE