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205 ILCS 305/34
(205 ILCS 305/34)
(from Ch. 17, par. 4435)
Duties of supervisory committee.
(1) The supervisory committee
shall make or cause to be made an annual internal audit of the books and
affairs of the credit union to determine that the credit union's accounting
records and reports are prepared promptly and accurately reflect operations
and results, that internal controls are established and effectively
maintained to safeguard the assets of the credit union, and that the
policies, procedures and practices established by the board of directors
and management of the credit union are being properly administered. The supervisory committee
shall submit a report of that audit to the board of directors and a summary of that report to the members at the next annual
meeting of the credit union. It shall make or cause to be made such
supplementary audits as it deems necessary or as are required by the Secretary
or by the board of directors, and submit reports of these
supplementary audits to the Secretary or board of directors as applicable.
If the supervisory committee has not engaged a licensed certified public accountant or licensed certified public accounting firm to make the internal audit,
the supervisory committee or other officials of the credit union shall not
indicate or in any manner imply that such audit has been performed by a licensed certified
public accountant or licensed certified public accounting firm or that the audit represents the independent opinion of a licensed certified
public accountant or licensed certified public accounting firm. The supervisory committee must retain its tapes and working papers
of each internal audit for inspection by the Department. The report of this
audit must be made on a form approved by the Secretary. A copy of the report
must be promptly delivered to the Secretary.
(2) The supervisory committee shall make or cause to be made at least
once each year a reasonable percentage verification of members' share and
loan accounts, consistent with rules promulgated by the Secretary.
(3) (A) The supervisory committee of a credit union with assets of $10,000,000
or more shall engage a licensed certified public accountant or licensed certified public accounting firm to perform an annual external
independent audit of the credit union's financial statements in accordance
with generally accepted auditing standards and the financial statements shall be issued in accordance with accounting principles generally accepted in the United States of America.
(B) The supervisory committee of a
credit union with assets of $5,000,000 or more, but less than $10,000,000,
shall engage a licensed certified public accountant or licensed certified public accounting firm to perform on an annual basis: (i) an agreed-upon procedures engagement under attestation standards established by the American Institute of Certified Public Accountants to minimally satisfy the supervisory committee internal audit standards set forth in subsection (1); or (ii) an external independent audit of the credit union's financial statements pursuant to the standards set forth in paragraph (A) of subsection (3).
(C) The external independent audit report or agreed-upon procedures report shall be completed and a copy thereof delivered to the Secretary no later than 120 days after the end of the calendar or fiscal year under audit or fiscal period for which the agreed-upon procedures are performed. A credit union or group of credit unions may obtain an extension of the due date upon application to and receipt of written approval from the Secretary.
(D) If the credit union engages a licensed certified public accountant or licensed certified public accounting firm to perform an annual external independent audit of the credit union's financial statements pursuant to the standards in paragraph (A) of subsection (3) or an annual agreed-upon procedures engagement pursuant to the standards in paragraph (B) of subsection (3), then the annual internal audit requirements of subsection (1) shall be deemed satisfied and met in all respects.
(4) In determining the appropriate balance in the allowance for loan losses account, a credit union may determine its historical loss rate using a defined period of time of less than 5 years, provided that:
(A) the methodology used to determine the defined
period of time is formally documented in the credit union's policies and procedures and is appropriate to the credit union's size, business strategy, and loan portfolio characteristics and the economic environment of the areas and employers served by the credit union;
(B) supporting documentation is maintained for the
technique used to develop the credit union loss rates, including the period of time used to accumulate historical loss data and the factors considered in establishing the time frames; and
(C) the external auditor conducting the credit
union's financial statement audit has analyzed the methodology employed by the credit union and concludes that the financial statements, including the allowance for loan losses, are fairly stated in all material respects in accordance with U.S. Generally Accepted Accounting Principles, as promulgated by the Financial Accounting Standards Board.
(5) A majority of the members of the supervisory committee
shall constitute a quorum.
(6) On an annual basis commencing January 1, 2015, the members of the supervisory committee shall receive training related to their statutory duties. Supervisory committee members may receive the training through internal credit union training, external training offered by the credit union's retained auditors, trade associations, vendors, regulatory agencies, or any other sources or on-the-job experience, or a combination of those activities. The training may be received through any medium, including, but not limited to, conferences, workshops, audit closing meetings, seminars, teleconferences, webinars, and other Internet-based delivery channels.
(Source: P.A. 100-778, eff. 8-10-18; 101-81, eff. 7-12-19.)