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Administrative Orders, LUAs, and BondsSkip to Page Content
Adminstrative Orders | Letters of Understanding and Agreement | CU Bonds


Administrative Orders and LUAs

Administrative Orders - Administrative Orders are formal enforcement orders issued by the NCUA pursuant to Section 206 of the Federal Credit Union Act (FCUA) (12 U.S.C. § 1786). Generally, NCUA issues Administrative Orders when it finds that a credit union and/or persons affiliated with a credit union have violated a law, rule or regulation, or engaged in an unsafe or unsound practice. The three most common orders issued by NCUA include: (1) an Order to Cease and Desist, which requires a party to take action (or refrain from taking action), including making restitution; (2) an Order of Prohibition, which prohibits a party from ever working for a federally insured financial institution; and (3) an Order Assessing Civil Money Penalties. Prior to the issuance of an Administrative Order, the FCUA provides due process rights, which include the ability to have an administrative hearing before the Office of Financial Institution Adjudication, and to appeal the agency's decision to issue an order to the U.S. Circuit Court of Appeals.

LUAs - Letters of Understanding and Agreement (LUAs) are supervisory tools used by NCUA. An LUA is essentially a contract between NCUA and a credit union and/or its officials, in which the credit union or officials agree to take, or not take, certain specified actions. Normally, LUAs are negotiated when credit unions have not adequately responded to less severe measures, such as Documents of Resolution. NCUA also requires LUAs for newly chartered credit unions and to grant permanent special assistance.

The FCUA requires that the NCUA Board publish and make available to the public “any written agreement or other written statement for which a violation may be enforced by the Board unless the Board, in its discretion, determines that publication would be contrary to public interest.” Violations of the terms of a published LUA constitute grounds for administrative actions. The NCUA Board may therefore take administrative actions against credit unions or officials that fail to comply with the terms of published LUAs.