# 12 CFR § 702.110: Consultation with state officials on proposed prompt corrective action

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-12-702.110

## Section

- **Citation:** 12 CFR § 702.110
- **Heading:** Consultation with state officials on proposed prompt corrective action
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 12—Banks and Banking > CHAPTER VII—NATIONAL CREDIT UNION ADMINISTRATION > SUBCHAPTER A—REGULATIONS AFFECTING CREDIT UNIONS > PART 702—CAPITAL ADEQUACY > Subpart A—Prompt Corrective Action

## Text

(a) Consultation on proposed conservatorship or liquidation. Before placing a federally insured state-chartered credit union into conservatorship (pursuant to 12 U.S.C. 1786(h)(1)(F) or (G)) or liquidation (pursuant to 12 U.S.C. 1787(a)(3)) as permitted or required under subparts A or B of this part to facilitate prompt corrective action—
(1) The NCUA Board shall seek the views of the appropriate state official (as defined in § 702.2), and give him or her an opportunity to take the proposed action;
(2) The NCUA Board shall, upon timely request of the appropriate state official, promptly provide him or her with a written statement of the reasons for the proposed conservatorship or liquidation, and reasonable time to respond to that statement; and
(3) If the appropriate state official makes a timely written response that disagrees with the proposed conservatorship or liquidation and gives reasons for that disagreement, the NCUA Board shall not place the credit union into conservatorship or liquidation unless it first considers the views of the appropriate state official and determines that—
(i) The NCUSIF faces a significant risk of loss if the credit union is not placed into conservatorship or liquidation; and
(ii) Conservatorship or liquidation is necessary either to reduce the risk of loss, or to reduce the expected loss, to the NCUSIF with respect to the credit union.
(b) Nondelegation. The NCUA Board may not delegate any determination under paragraph (a)(3) of this section.
(c) Consultation on proposed discretionary action. The NCUA Board shall consult and seek to work cooperatively with the appropriate state official before taking any discretionary supervisory action under §§ 702.107(b), 702.108(b), 702.109(b), 702.204(b) and 702.205(b) with respect to a federally insured state-chartered credit union; shall provide prompt notice of its decision to the appropriate state official; and shall allow the appropriate state official to take the proposed action independently or jointly with NCUA.

## Nearby sections

- [12 CFR § 702.101 § 702.101 Capital measures, capital adequacy, effective date of classification, and notice to NCUA.](https://www.frixlaw.com/law-library/statutes/ecfr-12-702.101.md)
- [12 CFR § 702.102 § 702.102 Capital classification.](https://www.frixlaw.com/law-library/statutes/ecfr-12-702.102.md)
- [12 CFR § 702.103 § 702.103 Applicability of risk-based capital measures.](https://www.frixlaw.com/law-library/statutes/ecfr-12-702.103.md)
- [12 CFR § 702.104 § 702.104 Risk-based capital ratio.](https://www.frixlaw.com/law-library/statutes/ecfr-12-702.104.md)
- [12 CFR § 702.105 § 702.105 Derivative contracts.](https://www.frixlaw.com/law-library/statutes/ecfr-12-702.105.md)
- [12 CFR § 702.106 § 702.106 Prompt corrective action for adequately capitalized credit unions.](https://www.frixlaw.com/law-library/statutes/ecfr-12-702.106.md)
- [12 CFR § 702.107 § 702.107 Prompt corrective action for undercapitalized credit unions.](https://www.frixlaw.com/law-library/statutes/ecfr-12-702.107.md)
- [12 CFR § 702.108 § 702.108 Prompt corrective action for significantly undercapitalized credit unions.](https://www.frixlaw.com/law-library/statutes/ecfr-12-702.108.md)
- [12 CFR § 702.109 § 702.109 Prompt corrective action for critically undercapitalized credit unions.](https://www.frixlaw.com/law-library/statutes/ecfr-12-702.109.md)
- [12 CFR § 702.110 § 702.110 Consultation with state officials on proposed prompt corrective action.](https://www.frixlaw.com/law-library/statutes/ecfr-12-702.110.md)
- [12 CFR § 702.111 § 702.111 Net worth restoration plans (NWRP).](https://www.frixlaw.com/law-library/statutes/ecfr-12-702.111.md)
- [12 CFR § 702.112 § 702.112 Reserves.](https://www.frixlaw.com/law-library/statutes/ecfr-12-702.112.md)
- [12 CFR § 702.113 § 702.113 Full and fair disclosure of financial condition.](https://www.frixlaw.com/law-library/statutes/ecfr-12-702.113.md)
- [12 CFR § 702.114 § 702.114 Payment of dividends.](https://www.frixlaw.com/law-library/statutes/ecfr-12-702.114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-12-702.110. Check the current official text before relying on it. Not legal advice.