Delinquent Loan and Extension Agreements Reporting Procedures

PURPOSE: This rule sets forth reporting requirements for delinquent loans and extension agreements and establishes minimum standards for charging off loans. (1) The scheduling or classifying of delinquent loans shall be on the contract basis. This means that the status of the accounts is determined by comparing the amount of money or the number of full payments received against the amount of money or the number of full payments that should have been made in accordance with the contract (note). Delinquencies of a partial month shall be considered a full month when scheduling or classifying delinquent loans. (2) Each credit union shall maintain a monthly schedule of delinquent loans which shall list in columnar form the account number, name of borrower, date of loan, date of last payment, original amount of loan and outstanding balance of loan at date of schedule and share balance, together with space to note current action or status. (3) The unpaid balances of loans shall be set apart in columns of the schedule of delinquent loans which will indicate the extent of delinquency as determined by the oldest delinquent installment according to note contract, as follows: (A) Loans on which the oldest delinquent installment is two (2) months, but less than six (6) months, past due; (B) Loans on which the oldest delinquent installment is six (6) months, but less than twelve (12) months, past due; and (C) Loans on which the oldest delinquent installment is past due twelve (12) months or more. (4) In determining the oldest delinquent installment, all repayments received are to be considered as applying to installments in the order in which they came due. (5) The schedule of delinquent loans shall be reviewed by the board of directors at least quarterly. (6) Loans listed as twelve (12) months or more delinquent and classified Loss on the most recent state examination and are the same at the next annual examination or supervisory contact (which shall be not less than one hundred fifty (150) days from the day of the previous examination), with no change in circumstances (change in circumstances shall be defined as receiving a minimum of twenty-five percent (25%) of scheduled monthly payments for the period), will be charged to the allowance for loan loss at that time. If the allowance for loan loss is PROFESSIONAL REGISTRATION insufficient, sufficient amounts will be charged to the provision for loan loss expense for that requirement. Upon written application by the board of directors, the director of credit unions, considering special circumstances, may waive this requirement. (7) The proper control of extension agreements is of considerable significance and is singled out for special attention. Extension agreements, by their very nature, may lend themselves to misuse and must be monitored carefully by the board of directors at least quarterly. For purposes of this regulation, extension agreements do not include changes to payment schedules to facilitate changes in a borrower’s pay schedule, assuming the borrower is current. However, for purposes of this regulation, the reporting of extension agreements does include the refinancing of delinquent loans for the purpose of removing them from the delinquent loan list or changing their delinquent status. AUTHORITY: section 370.100, RSMo 2000.* This rule originally filed as 4 CSR 100-2.060. Original rule filed Jan. 15, 1968, effective Jan. 25, 1968. Amended: Filed Sept. 14, 1972, effective Sept. 24, 1972. Amended: Filed Dec. 15, 1975, effective Dec. 25, 1975. Amended: Filed June 8, 1976, effective Sept. 11, 1976. Emergency amendment filed Feb. 14, 1984, effective Feb. 24, 1984, expired June 23, 1984. Amended: Filed March 12, 1984, effective June 11, 1984. Amended: Filed Jan. 6, 1986, effective April 25, 1986. Amended: Filed April 18, 2001, effective Oct. 30, 2001. Moved to 20 CSR 1100-2.060, effective Aug. 28, 2006. Amended: Filed April 29, 2008, effective Nov. 30, 2008. *Original authority: 370.100, RSMo 1939, amended 1945, 1945, 1949, 1959, 1967, 1972.