38 Ill. Adm. Code 190.100
Classes of Share and Special Purpose Share Accounts
Section 190.100 Classes of
Share and Special Purpose Share Accounts
a) Any account which is not a common share account shall be
considered as a class of share or special purpose share account as applicable.
Section 38 of the Illinois Credit Union Act [205 ILCS 305/38] requires
dividends to be declared and distributed ratably among holders of share
accounts of the same class. Variable rate dividends can be declared on common
shares with the dividend rates determined by share balance during the dividend
period.
b) A credit union may offer class(es) of shares and special purpose
share account programs to its members provided that:
1) All specific offerings shall be approved by a resolution of
the Board of Directors.
2) Class of share and special purpose share accounts may be
issued in the same forms of ownership as common share accounts.
3) The par value of all such classes and special purpose accounts
shall be the same as common shares.
4) All such programs are described in writing and prominently
displayed in the office(s) of the credit union. Classes shall be designated as
Class ONE, TWO etc. All accounts must be made available to members on an equal
basis.
5) The terms and conditions of each class or special account must
be fully described in writing to the member upon opening an account. Such
description shall include how ownership of the share(s) is evidenced, the basis
for the calculation and payment of dividends, any applicable penalties, any
renewal options and the alternatives for receipt of dividend payments.
6) The credit union's accounting records shall give detailed
information on each class, which shall include general ledger accounts for each
share account balance, the dividend expense and accrued dividends payable
thereon. Consolidation of account detail on classes of shares for reporting on
the financial statement is permitted.
7) If a credit union's financial condition prevents payment of
dividends on common share accounts, dividends may not be credited or paid on
classes or special purpose shares for the same period. In this event, members
with class of share accounts may withdraw shares without penalty or loss of
dividends which have been paid or credited.