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March 11, 2013

Credit unions and building societies changes

One of the consequences of a change of name by a credit union or building society to include “bank” is that APRA removes the entity from its credit union or building society lists to its bank list.

Since September 2011, 7 credit unions and 1 building society have transferred from APRA’s credit union and building society lists to its list of Australian-owned banks.

As a result, APRA has moved statistics for mutual banks from the CUBS statistics to its bank publications.

Here are the Australian-owned mutual banks

Defence Bank Limited
Heritage Bank Limited
mecu Limited (trading as bankmecu)
Police Bank Ltd
Police & Nurses Limited (trading as P&N Bank)
QT Mutual Bank Limited
Teachers Mutual Bank Limited
Victoria Teachers Limited (trading as Victoria Teachers Mutual Bank)

APRA is proposing to replace its current separate publications with Quarterly ADI Performance Statistics (QADIP) from late May.

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Posted 11th March 2013 by David Jacobson in Credit unions, Mutuals

December 31, 2012

CUBS and mutual bank stats

The Australian Prudential Regulation Authority (APRA) has released a discussion paper outlining proposals to change its statistical publications on authorised deposit-taking institutions (ADI).

APRA proposes to combine the quarterly bank and CUBS statistical publications into a quarterly ADI statistical publication which will incorporate statistics on capital adequacy, impaired facilities and credit union and building society liquidity.

The proposed combined publication will also include, for the first time, statistics for mutual banks or mutual ADIs .

Since September 2011, APRA has approved seven CUBS to use the word ‘bank’. As a consequence, these seven CUBS are now classified as banks in APRA’s statistical publication. Most credit unions and building societies are mutuals. The approval to use the word bank has therefore led to the emergence of ‘mutual banks’.

APRA proposes to publish selected aggregate statistics for mutual ADIs in the Quarterly ADI Performance Statistics. APRA proposes that a mutual (whether a bank, CUBS or ADI) will be defined as an institution where each member is issued one share and each member has one vote.

Mutual ADIs currently comprise mutual banks as well as all mutual CUBS. Almost all CUBS are mutual institutions. The small number of CUBS that do
not meet the definition of a mutual, would not be included in ‘mutual ADIs’.

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Posted 31st December 2012 by David Jacobson in Credit unions, Mutuals

September 17, 2012

US credit unions: impact of Dodd-Frank Act

While credit unions in the USA have a different regulatory environment from Australia, there are many common issues.

So this Report from the US Government Accountability Office on Community Banks and Credit Unions (Impact of the Dodd-Frank Act) makes interesting reading.

The Report outlines the significant changes US credit unions have undergone in the past decade, including regulatory changes and how they have been affected in particular by the Dodd-Frank Wall Street Reform and Consumer Protection Act and the Sarbanes Oxley Act.

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Posted 17th September 2012 by David Jacobson in Credit unions

August 20, 2012

Financial Industry Levies for 2012-13

The Australian Prudential Regulation Authority (APRA) has published the paper that sets out the financial industry levies for 2012-13.

The increase for ADI’s is 3.9% with minimum and maximum amounts relating to asset size.

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Posted 20th August 2012 by David Jacobson in Credit unions, Mutuals

July 19, 2012

Income tax treatment of Tier 2 capital under Basel III

Treasury has released a discussion paper on the implementation of the Government’s proposal to ensure that on commencement of the Basel III capital reforms on 1 January 2013, eligible Tier 2 capital instruments, issued on or after that date, by ADIs can be treated as debt for income tax purposes so that funding costs would be tax deductible.

It is proposed that the Income Tax Assessment Regulations 1997 be amended so that the inclusion of a loss absorbency clause as required by APRA does not preclude Tier 2 instruments from being classified as debt interests for tax purposes.

Assuming that the Basel III Tier 2 capital is akin to Lower Tier 2 capital, eligible notes would have to have the following features under the proposed changes, consistent with the current drafting of regulation 974‐135D of the ITAR 1997:
• have a maximum term of 30 years;
• distributions are cumulative and compounding;
• be classified as an accounting liability; and
• satisfies the Tier 2 capital loss absorbency requirement.

Currently the minimum standards that an instrument must comply with to be included in an ADI’s regulatory Tier 2 capital include:
• subordination to all but Common Equity Tier 1 and Additional Tier 1 capital;
• no guarantee on amounts paid in or payable;
• a minimum term of five years;
• no acceleration of repayments, except under certain circumstances;
• a loss absorbency clause that is triggered at the point of non‐viability; and
• a pre‐determined payment schedule.

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Posted 19th July 2012 by David Jacobson in Credit unions, Legal

June 18, 2012

Mutual Banking Code compliance report: direct debits

The Mutual Banking Code of Practice Code Compliance Committee has issued a report on compliance with Section 20.1 of the Code under which mutuals are required to stop or cancel a direct debit facility linked to a member’s transaction account promptly upon request by that member.

The CCC identified that the majority (70%) of disclosure documents reviewed in relation to direct debits provided the correct information to members about the cancellation process, in line with Code obligations.

However, in comparison to the last review in 2010, the results of the shadow shopping exercise showed no change or improvement in the verbal advice provided by Mutuals’ in relation to direct debit cancellation. The CCC once again found that only four out of 10 Mutuals surveyed were fully compliant.

Subject to size of the Mutual, complexity of the business and the number of direct debit cancellation applications received, the report also lists recommendations that Mutuals may wish to consider to improve their compliance in this area:

•develop a compliance checklist outlining direct debit obligations for use by relevant business units (an example is provided in Appendix A of the report),
•develop a standard form for members to complete when they wish to stop or cancel a direct debit arrangement which can be downloaded from the website,
•review direct debit information contained in disclosure documents to ensure its accuracy,
•review the website (if one exists) to ensure the search function responds to simple keyword searches concerning direct debits and hyperlinks connect to the correct documents,
•educate relevant staff about the Mutual’s key obligations and processes required to stop or cancel a direct debit facility,
•educate staff about the impact of incorrect advice, particularly upon members experiencing financial hardship, and
•monitor compliance with Code obligations in this area by undertaking their own shadow shopping exercises.

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Posted 18th June 2012 by David Jacobson in Credit unions, Legal, Mutuals

June 14, 2012

Draft regulation: Reduced input tax credits for credit unions

Treasury has released an exposure draft regulation to amend the GST law to ensure that credit unions do not lose access to a reduced input tax credit for credit union services when they rebrand as banks.

The draft regulation proposes to expand the definition of ‘credit union’ to also include APRA-listed banks that were APRA-listed credit unions as at 1 July 2011 and retains mutuality.

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Posted 14th June 2012 by David Jacobson in Credit unions, Legal

June 4, 2012

Proposed Financial Industry Levies 2012‑13

Treasury has issued a Consultation Paper on Proposed Financial Industry Levies for 2012‑13 to seek industry views on the proposed APRA financial industry levies to apply for the 2012-13 financial year.

The paper discusses potential impacts of the proposal on each industry sector and institution regulated by the Australian Prudential Regulation Authority (APRA). The paper also provides a summary of the costs associated with the implementation of the SuperStream measures, which were announced on 16 December 2010 as part of the Government’s Stronger Super Reforms.

In respect of ADIs (incliding credit unions,building societies and mutual banks) the minimum contribution is to be increased and the levy will increase by 3%.

The following industry statistics quoted in the paper are interesting and tell the story of the creation of mutual banks as well as CUBS mergers and an increase in the assets of credit unions.

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Posted 4th June 2012 by David Jacobson in Credit unions, Mutuals

May 9, 2012

GST — reduced input tax credits for credit unions reinstated despite rebranding

The 2012-2013 Commonwealth Budget papers contain an announcement that the Government will amend the GST law to restore access to a reduced input tax credit (RITC) for credit unions who rebrand as ‘banks’, with effect from 1 July 2011.

This measure will reinstate the existing concession by allowing a RITC for acquisitions from an entity wholly owned by credit unions or rebranded credit unions by a credit union or rebranded credit union.

The measure will apply to entities who were approved credit unions by the Australian Prudential Regulation Authority as at 1 July 2011 and subsequently change their branding to include the title ‘bank’, but otherwise do not change their corporate structure.

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Posted 9th May 2012 by David Jacobson in Credit unions, Legal

March 14, 2012

Effect of company tax reduction on medium credit unions

The Government’s proposed company tax reduction (see here) will have a flow on effect for medium credit unions, whose notional taxable income is between $50,000 and $150,000.

The 45 per cent rate that applies to the taxable income of recognised medium credit unions reflects the current 30 per cent corporate tax rate. If the corporate tax rate is reduced to 29 per cent, the medium credit union rate will be reduced to 43.5 per cent.

This reduction applies for the 2013-14 income year and for subsequent income years. However, if a recognised medium credit union is a small business entity, the reduction also applies in the 2012-13 income year.

UPDATE 10 May 2012: This proposal has been abandoned

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Posted 14th March 2012 by admin in Credit unions, Legal
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