Compliance Blog

Written by Steve Van Beek

Credit unions have unique terminology.  We talk about shares, share drafts and share certificates.  A common question is whether credit unions are allowed to use other terminology - such as checking, savings or certificates of deposits.

Comment 5 to Section 707.2(a) in Appendix C has the answer:

"5. Use of synonyms. Generally, it is not the purpose of part 707 to prohibit specific descriptive terms for accounts. For example, credit unions can use adjectives and trade names to describe accounts such as “Best Share Draft Account,” or “Ultra Money Market Share Account.” Synonyms for share, share draft, money market share, and term share accounts may be used to describe various types of credit union share and deposit accounts as long as the synonym is accurate and not misleading and, for account disclosures, is used in conjunction with the correct legal term. For example, the following synonyms may be used:

i. The term “checking account” may be used to describe share draft accounts.

ii. The term “money market account” may be used to describe money market share accounts.

iii. The term “savings account” may be used to describe regular share and share accounts.

iv. The terms “share certificate,” “certificate account,” or “certificate” may be used to describe share certificates and other dividend-bearing term share accounts.

v. However, under no circumstances may a credit union describe a share account as a deposit account, or vice versa. For example, the term “certificate of deposit” or “CD” may not be used to describe share certificates and other dividend-bearing term share accounts. Similarly, the terms “time account” (used in Regulation DD, 12 CFR 230.2(u)) and “time deposit” (used in Regulation D, 12 CFR 204.2(c)) may not be used to describe term share accounts."

Remember, banks follow Regulation DD (12 C.F.R. 230) but credit unions are subject to 12 C.F.R 707.  Both of these regulations transferred to the CFPB on July 21, 2011.  Going forward, it will be interesting - to say the least - to see how the CFPB handles the differences between Reg DD and Part 707.