708b.101—Mergers generally.
(a)
In any case where a merger will result in the termination of federal insurance or conversion to nonfederal insurance, the merging credit union must comply with the provisions of subparts B and C of this part in addition to this subpart A.
(b)
A federally-insured credit union must have the prior written approval of the NCUA before merging with any other credit union.
(c)
Where the continuing credit union is a federal credit union, it must be in compliance with the chartering policies of the NCUA.
(d)
Where the continuing or merging credit union is a state credit union, the merger must be permitted by state law or authorized by the state authority.
(e)
Where both the merging and continuing credit unions are federally-insured and the two credit unions have overlapping fields of membership, the continuing credit union must, within three months after completion of the merger, either:
(1)
Notify all members of the continuing credit union of the potential loss of insurance coverage if they had overlapping membership,
(2)
Notify all individuals and entities that were actually members of both credit unions of the potential loss of insurance coverage, or
(3)
Determine which members of both credit unions may actually have uninsured funds six months after the merger and notify those members of the potential loss of insurance coverage.