Mass. General Laws c.171, § 74

Sale, transfer and assignment of loans, investments and other assets

This is an unofficial version of a Massachusetts General Law. For more information on this topic, please see Law about credit and banking.

Updates

Amended by St.2020, c.338, § 69, effective April 12, 2021

Section 74

A credit union by a vote of its directors may sell, transfer and assign any and all of its loans, investments or other assets; provided, however, that (a) where loans are sold with recourse, a loan reserve shall be established consistent with the applicable provisions of section sixty-nine and appropriate explanations shall be recorded on the statement of conditions as the commissioner may prescribe; (b) in any case where the consideration to be received is other than cash, the written approval of the commissioner shall first be obtained; and (c) where the aggregate amount of sales of loans exceeds 20 per cent of the total loans outstanding, the prior written approval of the commissioner shall be obtained for any amount in excess thereof.

A credit union may continue to service any loans that it sells and may collect a service charge for such service provided that a formal agreement is effected between both parties.

Any such assignment given as security for borrowing shall constitute a debt which shall be satisfied in the event of the liquidation of the affairs of a credit union before any distribution of its assets to shareholders or holders of other accounts.

Last updated:	January 12, 2021