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November 21, 2016

NAFCU, CUNA defend NCUA's MBL rule in bankers' lawsuit

NAFCU and CUNA today moved to file an amicus brief in support of the NCUA's motion to dismiss the lawsuit recently filed by the Independent Community Bankers of America, which challenges the agency's authority to issue its latest member business lending rule.

In the brief, NAFCU and CUNA argue that NCUA's interpretation of the Federal Credit Union Act in the rule is well within the agency's legal authority. The trade groups defend NCUA's definition of "member business loan" noting that it has not substantively changed since 2003 and by definition can only include loans made to a member of the lending credit union.

Specifically, CUNA and NAFCU contend that "No amount of linguistic alchemy can convert the term ‘member business loan' into its opposite, ‘nonmember business loan.' "

"This amici brief formalizes our organizations' unequivocal support for NCUA's legal authority to issue its member business lending rule," said Dan Berger, president/CEO of NAFCU, and Jim Nussle, president/CEO of CUNA. "The CUNA/League system and NAFCU will continue to work together to assert the agency's jurisdiction to interpret the Federal Credit Union Act and help advance the interests of credit unions and their ability to provide critical capital to small businesses."

The ICBA filed suit against the NCUA in the U.S. District Court of the Eastern District of Virginia in September, based on the claim that the final member business lending rule provides credit unions with a "loophole" they can use to increase their lending "in violation of the law."

NCUA's final MBL rule eliminated credit unions' personal guarantee requirement and, effective Jan. 1, will eliminate the waiver process. NAFCU praised the rule for easing the regulatory burden on credit unions and allowing them the independence to safely and soundly address the needs of their small-business members.