Corporate Credit Unions; Fidelity Bond and Insurance Coverage for Federally Insured Credit Unions
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Abstract
The NCUA Board (Board) seeks comment on proposed amendments to its regulations governing fidelity bond and insurance coverage for federally insured credit unions (FICUs). The proposed rule would eliminate certain prescriptive procedural mandates and simplify requirements for coverage amounts and deductibles. The intended effect is greater flexibility for FICUs, simplified compliance, and reduced administrative costs without compromising safety and soundness.
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<title>Federal Register, Volume 91 Issue 198 (Thursday, October 15, 2026)</title>
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[Federal Register Volume 91, Number 198 (Thursday, October 15, 2026)]
[Proposed Rules]
[Pages 65475-65478]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21087]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 91, No. 198 / Thursday, October 15, 2026 /
Proposed Rules
[[Page 65475]]
NATIONAL CREDIT UNION ADMINISTRATION
12 CFR Parts 704 and 713
RIN 3133-AG04
Corporate Credit Unions; Fidelity Bond and Insurance Coverage for
Federally Insured Credit Unions
AGENCY: National Credit Union Administration (NCUA).
ACTION: Proposed rule.
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SUMMARY: The NCUA Board (Board) seeks comment on proposed amendments to
its regulations governing fidelity bond and insurance coverage for
federally insured credit unions (FICUs). The proposed rule would
eliminate certain prescriptive procedural mandates and simplify
requirements for coverage amounts and deductibles. The intended effect
is greater flexibility for FICUs, simplified compliance, and reduced
administrative costs without compromising safety and soundness.
DATES: Comments must be received on or before December 14, 2026.
ADDRESSES: Comments may be submitted in one of the following ways.
(Please send comments by one method only):
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
The docket number for the proposed rule is NCUA-2026-1882. Follow the
``Submit a comment'' instructions. If you are reading this document on
<a href="http://federalregister.gov">federalregister.gov</a>, you may use the green ``SUBMIT A PUBLIC COMMENT''
button beneath this rulemaking's title to submit a comment to the
<a href="http://regulations.gov">regulations.gov</a> docket. A plain language summary of the proposed rule
is also available on the docket website.
<bullet> Mail: Address to Melane Conyers-Ausbrooks, Secretary of
the Board, National Credit Union Administration, 1775 Duke Street,
Alexandria, Virginia 22314-3428.
<bullet> Hand Delivery/Courier: Same as mailing address. Mailed and
hand-delivered comments must be received by the close of the comment
period.
Public Inspection: Please follow the search instructions on <a href="https://www.regulations.gov">https://www.regulations.gov</a> to view the public comments. Do not include any
personally identifiable information (such as name, address, or other
contact information) or confidential business information that you do
not want publicly disclosed. All comments are public records; they are
publicly displayed exactly as received and will not be deleted,
modified, or redacted. Comments may be submitted anonymously. If you
are unable to access public comments on the internet, you may contact
the NCUA for alternative access by calling (703) 518-6540 or emailing
<a href="/cdn-cgi/l/email-protection#014e46424c60686d416f6274602f666e77"><span class="__cf_email__" data-cfemail="29666e6a6448404569474a5c48074e465f">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Damon P. Frank, Senior Trial Attorney,
Office of General Counsel, at (703) 518-6540 or at 1775 Duke Street,
Alexandria, VA 22314.
SUPPLEMENTARY INFORMATION:
I. Legal Authority and Background
The Board proposes to amend its regulations at part 713, which
govern fidelity bond and insurance coverage for FICUs. The provisions
of part 713 note the responsibility of a FICU's board of directors to
maintain adequate insurance, set the minimum requirements for fidelity
bond coverage and deductibles, and outline NCUA's process for approving
bond forms.
A. Legal Authority
The Board has the legal authority to issue the proposed rule
pursuant to its plenary rulemaking authority under the Federal Credit
Union Act and its specific rulemaking authority related to statutory
requirements mandating the bonding of FICU employees and officials to
protect against losses. The NCUA's statutory authority for these rules
is found at 12 U.S.C. 1761a, 1761b(2), 1766(a), 1766(h), and
1789(a)(11).
B. Regulatory History
The Board established the current framework for fidelity bond and
insurance coverage in a final rule published on May 27, 1999.\1\ The
1999 rule created part 713 by redesignating and revising the
requirements previously set forth in Sec. 701.20. The primary purpose
of the 1999 rule was to update and clarify the requirements related to
fidelity bond coverage, for credit unions to better understand them and
to enhance regulatory effectiveness.
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\1\ 64 FR 28720 (May 27, 1999).
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Over the years, the Board has amended part 713 to keep pace with
the evolving financial and technological environment. In a final rule
published on October 26, 2005,\2\ the Board modernized the regulation
by increasing the minimum required coverage limits to account for
inflation, asset growth, and increased risks from technology and
insider fraud. The 2005 rule also increased the maximum permissible
deductible from $200,000 to $1 million for certain credit unions.
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\2\ 70 FR 61713 (Oct. 26, 2005).
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The Board enacted a significant update to part 713 with a final
rule published on July 24, 2019.\3\ This amendment was prompted by an
increase in losses to the National Credit Union Share Insurance Fund
resulting from bond issuers rescinding coverage when the signatory on
the application was aware of fraudulent activity. To strengthen
oversight by boards of directors and mitigate this risk, the 2019 rule
amended Sec. 713.2 to require a FICU's board of directors to do the
following:
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\3\ 84 FR 35517 (July 24, 2019).
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<bullet> Review all applications for bond purchase or renewal;
<bullet> Approve submission of any such application by board
resolution; and
<bullet> Delegate a non-employee board member to sign the agreement
updating bond coverage, with the individual signing the agreement
rotating to prevent the same signatory on consecutive renewals.
To better protect the National Credit Union Share Insurance Fund
from losses related to liquidations, the 2019 rule amended Sec. 713.3
to require that additional coverage be offered after a FICU is
liquidated, which if purchased would provide a 12-month window enabling
a claim to be filed under the bond for losses discovered after
liquidation. In the 2019 rule, the Board amended Sec. 713.4 by
introducing a 10-year expiration period for any Board-approved bond
form, to ensure the form remained current. This change was instituted
after the Board discovered that some fidelity bonds issued on
previously approved forms contained
[[Page 65476]]
outdated provisions, unapproved additions, or were being
misinterpreted. The 2019 rule likewise amended Sec. 704.18, which
provides fidelity bonds requirements for federally insured corporate
credit unions, to add these requirements for fidelity bond purchases
and renewals made by corporate credit unions.
On October 27, 2021, the Board published a final rule \4\ that made
a technical amendment to Sec. 713.6 as part of a broader update to the
NCUA's supervisory ratings, which added the ``S'' component to the
CAMELS rating system.
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\4\ 86 FR 59289 (Oct. 27, 2021).
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II. Proposed Rule
The Board is proposing several amendments to parts 704 and 713 to
reduce regulatory burden, eliminate overly prescriptive requirements,
and streamline the regulation while still requiring FICUs to maintain
adequate fidelity bond coverage to protect against loss. The following
discussion details the proposed changes and the Board's rationale. The
Board invites comments on all aspects of this proposal.
A. Streamlining Procedural Requirements
The Board proposes to amend provisions in Sec. Sec. 704.18, 713.2,
and 713.4 that impose specific procedural requirements related to
fidelity bonds. The Board believes these to be unnecessarily
prescriptive and that their removal will reduce administrative burden
on FICUs and bond issuers without compromising safety and soundness.
First, the Board proposes to amend Sec. 713.2(b) by removing the
requirement that the FICU's full board of directors review all
applications for purchase or renewal of fidelity bond coverage. The
Board believes that this requirement is unduly burdensome. The 2019
rule added this requirement in part to strengthen board oversight of
fidelity bond purchases and renewals. The Board now believes that FICU
boards can retain effective oversight by reviewing coverage annually,
as Sec. 713.2 required before 2019 and would continue to require under
the proposed rule.
However, as noted in the 2019 rule, the Board was and remains
concerned about the risk of a FICU's fidelity bond being revoked based
on its signatory's knowledge of fraud or other potential claims under
the bond, and thus believes it should retain some procedural
safeguards. Accordingly, the Board is proposing to revise Sec.
713.2(b) to authorize a FICU board to delegate, or otherwise authorize,
review and approval of applications for purchase and of renewals to an
individual member of the board or the supervisory or audit committee of
the FICU. The proposed rule would also authorize a FICU board to
similarly delegate or otherwise authorize the final signature to a
member of the board, supervisory, or audit committee who is not also an
employee of the FICU. This limitation is meant to mitigate against the
risk cited in the 2019 rule that a manager or chief executive officer
would be more likely than a board member to be engaged in, or know of,
fraud or other potential claims. By continuing to bar people in those
positions from authorizing new or renewed bonds, NCUA is seeking to
limit the possibility that a bond will be revoked, while recognizing
that FICU boards may benefit from delegating these administrative
functions to appropriate individuals. Under the proposed rule, a FICU
board would still be able to review and approve fidelity bond purchases
and renewals, despite the new option to delegate this task. The
proposed rule is also intended to be flexible procedurally. That is, a
FICU board may specifically delegate this authority to an individual
member of the board or supervisory or audit committee, or such an
individual may be deemed duly authorized by virtue of their assigned
duties or areas of responsibility.
Likewise, the Board is proposing to remove language in Sec.
713.2(b) that prohibits a member of the FICU's board of directors from
signing consecutive fidelity bond purchase or renewal agreements. The
requirement was added in the 2019 rule for the reasons just noted for
the board approval requirement. However, the Board finds that this is
an overly prescriptive requirement that creates an undue burden,
particularly for smaller FICUs that may have a limited number of non-
employee board members available to serve as a signatory. Accordingly,
the Board is proposing to remove this rotation requirement.
Second, the Board proposes to eliminate Sec. 713.4(d) in its
entirety. This paragraph establishes an automatic 10-year expiration
period for the Board's approval of all fidelity bond forms. The
statutory authority in 12 U.S.C. 1766(h) grants the Board the power to
approve the ``form'' of the bond but does not specify a temporal limit
for that approval. The creation of an automatic 10-year expiration
cycle is a substantive requirement not found in the statute. This
provision was added in 2019 to reduce occurrences of Board-approved
bond forms becoming outdated or conflicting with post-approval
statutory or regulatory changes. The Board now believes this automatic
sunset provision creates an unnecessary and recurring administrative
burden for both FICUs and bond issuers who must seek re-approval for
forms that may still be suitable. A FICU board would remain responsible
for ensuring that it uses only NCUA-approved forms and should contact
NCUA if they need to confirm the validity of specific forms. The
proposed change does not diminish the Board's authority to review bond
forms at any time and rescind approvals as appropriate. Removing Sec.
713.4(d) will eliminate a recurring burden while retaining the Board's
ability to ensure all approved forms remain current.
Finally, the Board proposes to make parallel changes to Sec.
704.18 for corporate credit unions. Specifically, the Board proposes to
revise Sec. 704.18(b)(2) to provide the same delegation option and
limitation proposed for Sec. 713.2(b). The 2019 rule added these
requirements to the corporate credit union regulation for the same
reasons that supported the changes to part 713. Accordingly, the Board
finds it appropriate to propose the same changes in Sec. 704.18(b)(2)
as for Sec. 713.2(b). Likewise, the Board is proposing to revise Sec.
704.18(c)(3) to remove the 10-year expiration provision that it is
proposing to remove from Sec. 713(d). The reasons for removing this
provision from part 713 apply equally to corporate credit unions--that
is, the change would reduce burden on FICUs and fidelity bond carriers
who would otherwise need to have all their forms reapproved by NCUA
even if they remain suitable. As with Sec. 713.2(a), Sec.
704.18(b)(1) would continue to require a corporate credit union's board
to review coverage carefully, which would keep its oversight intact.
The Board invites public comment on these proposed changes.
B. Simplifying Coverage Requirements
The Board also proposes changes to Sec. 713.5 to simplify the
rules governing the minimum amount of fidelity bond coverage under a
FICU's bond. The change is intended to eliminate redundant or advisory
language and remove inflexible formulas.
First, the Board proposes removing two paragraphs from Sec. 713.5,
which specify the minimum required dollar amount of fidelity bond
coverage. These paragraphs use the word ``should,'' which creates
uncertainty for FICUs as to whether the provision is a requirement or a
recommendation, leading to potential confusion regarding
[[Page 65477]]
compliance. Changing the minimum requirements stated in Sec. 713.5(a)
through use of ambiguous thresholds for additional coverage is not the
best reading of the Board's statutory authority to prescribe a required
``amount'' for ``reasonable coverage.''
The proposal would eliminate paragraph (b), which states a FICU's
board of directors ``should purchase'' additional coverage beyond the
regulatory minimum as circumstances warrant. A FICU's board of
directors already has a fundamental fiduciary duty to ensure the
institution operates in a safe and sound manner, which includes
securing insurance coverage that is adequate for its specific risk
profile. This paragraph is purely advisory and restates a basic
principle of corporate governance. Its removal simplifies the
regulation without diminishing underlying responsibilities of the
FICU's board of directors.
In addition, the proposal would eliminate paragraph (c), which
states that FICUs ``should maintain increased coverage'' based on a
specific formula tied to the amount of daily cash on hand or money in
transit. The Board believes this provision is both overly prescriptive
and ambiguous. Moreover, a rigid formula focused on only two specific
criteria may not be the most relevant measure of risk for all FICUs in
a modern financial environment. The existing requirement in Sec.
713.2(a) for the board of directors to conduct an annual review based
on potential risks contains a sufficiently effective, flexible,
principles-based approach to determining a FICU's amount of fidelity
bond coverage.
The Board invites comment on these proposed changes. The Board also
specifically requests comment on one aspect of current Sec. 704.18.
The Board notes that Sec. 704.18(d)(2) contains a ``duty'' for a
corporate credit union's board to provide adequate protection for its
unique circumstances by obtaining, when necessary, coverage above the
minimum required amounts. While this provision is stated as a mandate
and not guidance, the Board requests comment on eliminating this
provision. The reason for removing this provision would differ from the
reason for removing the guidance in part 713. The Board is interested
in public feedback on whether the part 704 duty is too vague to offer a
corporate credit union board enough direction on when or whether NCUA
would expect it to obtain extra coverage voluntarily.
C. Making Technical Corrections
The Board additionally proposes to make a conforming change to
Sec. 704.18(c)(3) for corporate credit unions, in a manner more
consistent with the parallel provision of Sec. 713.4(c) for FICUs. The
separation of current Sec. 704.18(c)(3) into new subsections (i) and
(ii) would be to make clear there are two distinct prohibited
scenarios. No substantive effect is intended by this technical
conforming amendment.
The Board similarly proposes to make a conforming change to Sec.
713.4(c) for FICUs, to correct an inconsistency with the parallel
provision of Sec. 704.18(c)(3) for corporate credit unions. The two
clauses found in the proposed Sec. 704.18(c)(3)(i) and (ii) are
separated by the word ``and,'' while the same clauses found in the
current Sec. 713.4(c) are separated by the word ``or.'' However, these
provisions were always intended to create identical prohibitions, and
have both been treated as the same in practice since the 2019
amendments. To eliminate this textual discrepancy, the Board now
proposes to use ``or'' in both Sec. 704.18(c) and Sec. 713.4(c),
which is best read in a way consistent with present practice that
prohibits credit unions from using any of the bond documents described.
No substantive effect is intended by this technical conforming
amendment.
III. Regulatory Procedures
A. Providing Accountability Through Transparency Act of 2023
The Providing Accountability Through Transparency Act of 2023 \5\
requires that a notice of proposed rulemaking include the internet
address of a summary of not more than 100 words in length of a proposed
rule, in plain language, that shall be posted on the internet website
under section 206(d) of the E-Government Act of 2002 \6\ (commonly
known as Regulations.gov).
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\5\ 5 U.S.C. 553(b)(4).
\6\ 44 U.S.C. 3501 note.
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In summary, the Board seeks comment on proposed amendments to its
regulations governing fidelity bond and insurance coverage for FICUs.
The proposed rule would eliminate certain prescriptive procedural
mandates and simplifies requirements for coverage amounts and
deductibles. The intended effect is greater flexibility for FICUs,
simplified compliance, and reduced administrative costs without
compromising safety and soundness. The proposal and the required
summary can be found at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
B. Regulatory Review--Executive Orders 12866, 13563 and 14192
Pursuant to Executive Order 12866 (``Regulatory Planning and
Review''), a determination must be made whether a regulatory action is
significant and therefore subject to review by the Office of
Information and Regulatory Affairs (OIRA), within the Office of
Management and Budget (OMB) in accordance with the requirements of the
Executive Order.\7\ Executive Order 13563 (``Improving Regulation and
Regulatory Review'') supplements and reaffirms the principles,
structures, and definitions governing contemporary regulatory review
established in Executive Order 12866.\8\ This proposed rule was drafted
and reviewed in accordance with Executive Order 12866 and Executive
Order 13563. OIRA has determined that this proposed rule is not a
``significant regulatory action'' as defined by section 3(f) of
Executive Order 12866.
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\7\ 58 FR 51735 (Oct. 4, 1993).
\8\ 76 FR 3821 (Jan.21, 2011).
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Executive Order 14192 (``Unleashing Prosperity Through
Deregulation'') requires that any new incremental costs associated with
new regulations shall, to the extent permitted by law, be offset by the
elimination of existing costs associated with at least 10 prior
regulations.\9\ This proposed rule is not an Executive Order 14192
regulatory action because this rule is not significant under Executive
Order 12866. The proposed rule is expected to be a deregulatory action
under Executive Order 14192.
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\9\ 90 FR 9065 (Feb. 6, 2025).
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C. The Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (PRA) generally provides that
an agency may not conduct or sponsor, and notwithstanding any other
provision of law, a person is not required to respond to, a collection
of information unless it displays a currently valid Office of
Management and Budget control number. The PRA applies to rulemakings in
which an agency creates a new or amends existing information collection
requirements. For purposes of the PRA, an information-collection
requirement may take the form of a reporting, recordkeeping, or third-
party disclosure requirement. The NCUA has determined that the changes
addressed in this notice do not create a new information collection or
revise an existing information collection as defined by the PRA.
[[Page 65478]]
D. The Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
conduct a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements, unless the agency certifies that
the rule will not have a significant economic impact on a substantial
number of small entities. If the agency makes such a certification, it
shall publish the certification at the time of publication of either
the proposed rule or the final rule, along with a statement providing
the factual basis for such certification. For purposes of this
analysis, the NCUA considers small credit unions to be those having
under $100 million in assets. The Board fully considered the potential
economic impacts of the regulatory amendments on small credit unions.
To the extent that the proposed rule would have any economic
impacts, they will be deregulatory in nature. The proposed rule would
eliminate certain prescriptive procedural mandates and simplify
requirements for coverage amounts and deductibles. The intended effect
is greater flexibility for FICUs, simplified compliance, and reduced
administrative costs without compromising safety and soundness. While
the proposed changes could create an economic benefit for FICUs, they
are unlikely to be significant for purposes of the Regulatory
Flexibility Act. Accordingly, the NCUA certifies the proposed rule
would not have a significant economic impact on a substantial number of
small entities.
E. Executive Order 13132 on Federalism
Executive Order 13132 encourages certain regulatory agencies to
consider the impact of their actions on state and local interests. The
NCUA, an agency as defined in 44 U.S.C. 3502(5), complies with the
order to adhere to fundamental federalism principles. The proposed rule
would apply to all FICUs, including state-chartered credit unions. The
NCUA expects that any effect on states or on the distribution of power
and responsibilities among the various levels of government will be
minor. The proposed changes would mainly clarify the existing
regulations and guidance in this area, eliminating certain prescriptive
provisions but not fundamentally altering the calculation of or
provision of insurance or fidelity bond coverage for FICUs. The
proposed changes are not intended to affect the division of
responsibilities between the NCUA and state regulatory authorities with
oversight of federally insured, state-chartered credit unions. The NCUA
welcomes comments on ways to eliminate, or at least minimize, any
potential impact in this area.
F. Assessment of Federal Regulations and Policies on Families
The NCUA has determined that the proposed rule would not affect
family well-being within the meaning of section 654 of the Treasury and
General Government Appropriations Act, 1999. The proposed rule relates
to fidelity bond coverage that protects credit unions against losses
due to fraud, dishonesty, and theft committed by credit union employees
or volunteers; accordingly, any effect on family well-being is expected
to be indirect.
List of Subjects
12 CFR Part 704
Credit unions, Reporting and recordkeeping requirements, Surety
bonds.
12 CFR Part 713
Bonds, Credit unions, Insurance.
By the National Credit Union Administration Board, this 13th day
of October, 2026.
Melane Conyers-Ausbrooks,
Secretary of the Board.
For the reasons set forth in the preamble, the Board proposes to
amend 12 CFR parts 704 and 713 as follows:
PART 704--CORPORATE CREDIT UNIONS
0
1. The authority citation for part 704 continues to read as follows:
Authority: 12 U.S.C. 1766(a), 1781, 1789.
0
2. Amend Sec. 704.18 by:
0
a. Revising paragraph (b)(2); and
0
b. Removing the last sentence in paragraph (c)(3).
The revisions read as follows:
Sec. 704.18 Fidelity bond coverage.
* * * * *
(b) * * *
(2) The board of directors of each corporate credit union, or a
duly authorized individual who sits on the corporate credit union's
board of directors or supervisory committee or audit committee, must
review and approve all applications for purchase or renewal of its
fidelity bond coverage. After such review, a non-employee who is either
an individual board member of the corporate credit union or a duly
authorized individual who sits on the corporate credit union's
supervisory committee or audit committee, must sign the purchase or
renewal agreement and all attachments.
(c) * * *
(3) The NCUA Board must approve all bond forms before a corporate
credit union may use them. Corporate credit unions may not use any of
the following without first receiving approval from the NCUA Board:
(i) any bond form that has been amended since the time the NCUA
Board approved the form; or
(ii) any rider, endorsement, renewal, or other document that limits
coverage of approved bond forms.
* * * * *
PART 713--FIDELITY BOND AND INSURANCE COVERAGE FOR FEDERALLY
INSURED CREDIT UNIONS
0
3. The authority citation for part 713 continues to read as follows:
Authority: 12 U.S.C. 1761a, 1761b, 1766(a), 1766(h),
1789(a)(11).
0
4. Amend Sec. 713.2 by revising paragraph (b) to read as follows:
Sec. 713.2 What are the responsibilities of a federally insured
credit union's board of directors under this section?
* * * * *
(b) The board of directors of each federally insured credit union,
or a duly authorized individual who sits on the federally insured
credit union's board of directors or supervisory committee or audit
committee, must review and approve all applications for purchase or
renewal of its fidelity bond coverage. After such review, a non-
employee who is either an individual board member of the federally
insured credit union or a duly authorized individual who sits on the
federally insured credit union's supervisory committee or audit
committee, must sign the purchase or renewal agreement and all
attachments.
0
5. Amend Sec. 713.4 by:
0
a. Revising paragraph (c); and
0
b. Deleting paragraph (d).
The revisions read as follows:
Sec. 713.4 What bond forms may a federally insured credit union use?
* * * * *
(c) * * *
(1) Any bond form that has been amended or changed since the time
the NCUA Board approved the form; or
(2) Any rider, endorsement, renewal, or other document that limits
coverage of approved bond forms.
Sec. 713.5 [Amended]
0
6. Amend Sec. 713.5 by:
0
a. removing paragraphs (b) and (c);
0
b. redesignating paragraphs (d) and (e) as paragraphs (b) and (c).
[FR Doc. 2026-21087 Filed 10-14-26; 8:45 am]
BILLING CODE 7535-01-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.