Author Archives: Guy Messick

About Guy Messick

Guy Messick is an attorney with the law firm of Messick & Lauer P.C. in Media, Pa., and NACUSO’s General Counsel. He provides legal and consultation services to credit unions and CUSOs. His firm maintains a website at www.cusolaw.com. He may be contacted at 610-891-9000 or gmessick@cusolaw.com.

Open Letter to Credit Union Leaders-The Emperor Has No Clothes

Credit union people are like family to me but like family sometimes there is a need to have a heart-to-heart talk. There is a crisis in our industry but very few of the people associated with the industry publicly acknowledge it… Continue reading

Posted in Articles | Comments Off

Start your CUSO! 5 tips for strong CUSO formation

A CUSO, like any other business, needs careful planning if it’s going to make sense for your CU and become a viable business. If you and your CU are thinking about starting a CUSO, what should you be thinking about? Continue reading

Posted in Articles | Comments Off

Aspire FCU Builds on Taxicab Medallion Success With Niche CUSO By Michelle Samaad

Even before arriving at Aspire Federal Credit Union, Paul Perez was very familiar with the taxicab medallion business.

Perez, a former banker at Banco Popular, which at one point had a $1 billion taxicab medallion portfolio, knew how the financing worked. With hands-on knowledge of the unique licenses, he was recently named president/CEO of Aspire Medallion Funding LLC, a newly launched subsidiary of $170 million Aspire FCU in Clark, N.J. Prior to his new post, Perez was vice president of lending and financial recovery at the credit union.

Go to http://www.cutimes.com/Issues/2009/April%208%202009/Pages/Aspire-FCU-Builds-on-Taxicab-Medallion-Success-With-Niche-CUSO.aspx?k=Aspire+FCU+Builds+on+Taxicab+Medallion+Success+with+Niche+CUSO.%22 to read the entire article.

Posted in News | Comments Off

TMG Announces CU Card Securitization Despite Toxic-Asset Flurry By David Morrison

Jeff Russell wants credit union executives to consider participations in credit union-issued credit card loans as one way they can boost their investment income in hard economic times.

Russell is the CEO of TMG Financial Services, the credit card portfolio purchasing arm of The Members Group, a card processing CUSO loosely affiliated with the Iowa Credit Union League. TMGFS is offering credit unions the second of its Collateralized Advance Plan offerings, mechanisms through which credit unions can invest in the CUSO’s roughly $32 million portfolio of credit union-issued credit card loans.
“We think the current economic conditions strongly favor investing in a loan program which can offer competitive yields from a very soundly underwritten investment,” explained Russell. “If anything, these days make having a higher yield even more important for credit unions.”

Go to http://www.cutimes.com/Issues/2009/April%208%202009/Pages/TMG-Announces-CU-Card-Securitization-Despite-ToxicAsset-Flurry.aspx?k=TMG+Announces+CU+Card+Securitization+Despite+Toxic-Asset+Flurry to read the entire article.

Posted in News | Comments Off

The Evolution of the Credit Union Model

Sometimes things are so clear that they are almost self-evident. For credit unions it is clear that the credit union model is evolving in front of our eyes. Continue reading

Posted in Articles | Comments Off

CUSOs Move From Collaborations to Collaborating

We really are fortunate to be working in an industry where collaboration and sharing of ideas are still prevalent. During the first part of my career in the brokerage world, it seemed like collaboration was the negotiation of a settlement after one firm pirated another’s top producer or back office personnel. In that business of a zero-sum day where one person’s success was another’s loss, the idea of collaborating with your competitor was just unheard of.

Imagine how surprising it was the first time I attended a credit union chapter meeting on a cold winter night in Chicago when the issue of the evening was the free exchange of ideas around dinner and a few drinks! It was truly an eye-opening evening, and I believe that the expansion of CUSO’s have become a direct extension of this philosophy and possibly the avenue for many credit unions and CUSO’s to thrive in the new financial climate that has engulfed the world.

Go to http://www.cutimes.com/Issues/2009/March%2011%202009/Pages/CUSOs-Move-From-Collaborations-to-Collaborating-.aspx# to read the entire article.

Posted in News | Comments Off

To Aid Innovation, NCUA Should Provide for CUSO Pilot Programs

To Aid Innovation, NCUA Should Provide for CUSO Pilot Programs 3/11/2009
ShareThisPrint This Article Larger Text Smaller Text

These unprecedented times create an opportunity for credit unions to flourish in the coming decades if we harness the power of collaboration and pair that with innovation to meet the needs of consumers.
In the last period of unprecedented economic times, credit unions were formed as cooperative alternatives to the banking industry. But this isn’t the 1930s. Financial institutions are on every street corner and available 24/7 via the Internet. The pace of innovation is not slowing down. Our competitive challenges are increasing daily. We need to find new methods of collaboration to help create financial solutions for more Americans.
Credit union service organizations have been a key driver of innovation in the past two decades, particularly in credit union payment systems and in operational efficiencies. Yet CUSOs are hampered by restrictive rules that limit the ability of credit unions to work together to bring new products, services and business models to the market.
The current NCUA rules, used by many state credit union regulators, only allow for a specifically enumerated list of services as permissible for credit union investment and lending. These include many well known services such as card processing and loan support services. However, this list is not inclusive of many new services that could be developed for the benefit of members. In recent months, two services were proposed that can help credit unions compete in the marketplace-credit card loan origination services and payroll processing. I was personally involved in advocating for the addition of credit card loan origination to the CUSO rule, and the process to add this took 17 months. This is not to suggest a delay by the NCUA-it is just the nature of the rulemaking process.
Our competitors are not hampered by regulations that require specific approval for new types of services to be brought to an industry. Many banks use holding companies to own operating companies not specifically related to banking. New firms introduce financial products and services, funded by private investment, as well as regulated insurance companies and investment banks. Certainly financial institutions should be held to a high standard of regulation; however, there should be a balance between regulation and the needs of the marketplace.
I propose that the NCUA adopt a pilot program provision for CUSOs. The NCUA currently allows for an investment pilot program. The investment regulation specifies the capital, expertise and supervision requirements for a company to participate in a pilot. No such provision is available for CUSOs, despite a clear need. As new products and services are proposed that are not listed in the current guidelines, each CUSO is required to go through a lengthy and formal process to change the NCUA rule.
As an example, if a credit union determined that it was in their members’ best interest to start a CUSO that operated a grocery store in an underserved area of their community, they would be unable to own this business under the current regulations without an interpretation from the NCUA. While operating a grocery store is not a likely business for a credit union today, it demonstrates that member needs may not be limited to services currently provided. The current regulations prohibit credit unions from collaborating to take advantage of new market opportunities.
This pilot program would allow for the NCUA to approve a new type of service conditionally for one or more CUSOs that agree to come under a specific set of supervisory guidelines. During the pilot process, states with CUSO parity provisions with the NCUA would allow their credit unions to invest as well. States with their own approval process could take participation in a pilot as evidence that the CUSO was focused on safety and soundness and allow investment.
This pilot would have specific safety and soundness guidelines that would be agreed to by the NCUA and the CUSO, which would likely include minimum capitalization and risk management performance metrics. These would need to be defined separately for each pilot program and in conjunction with industry and business experts. The CUSO would then take their service to the marketplace operating under these rules. If the pilot was successful in meeting the performance guidelines within a defined period of time, say 24 to 36 months, the NCUA would then move to an expedited rule-making process that would allow for others to enter the marketplace and make the new service category permanent.
This would allow innovation to move relatively quickly into the marketplace, with a regulatory balance. In my experience working with the NCUA, the concern is often not about a particular CUSO but about opening up an entire market without understanding the potential unintended consequences.
A number of states allow for judgment by a credit union regulator to open the door to innovation. In fact, individual states have become incubators for new credit union innovations. However, this limits investment and ownership to a particular state, in effect prohibiting a national presence. A pilot provision to the federal CUSO rule would stimulate a new wave of innovation and collaboration, while balancing the needs of our industry for safety and soundness.

Jeff Russell is president/CEO of TMG Financial Services and chief information officer and vice president, strategic development for The Members Group. He can be reached at 515-457-2000 or jeffr@tmgfinancialservices.com

These unprecedented times create an opportunity for credit unions to flourish in the coming decades if we harness the power of collaboration and pair that with innovation to meet the needs of consumers.
In the last period of unprecedented economic times, credit unions were formed as cooperative alternatives to the banking industry. But this isn’t the 1930s. Financial institutions are on every street corner and available 24/7 via the Internet. The pace of innovation is not slowing down. Our competitive challenges are increasing daily. We need to find new methods of collaboration to help create financial solutions for more Americans.

Go to http://www.cutimes.com/Issues/2009/March%2011%202009/Pages/To-Aid-Innovation-NCUA-Should-Provide-for-CUSO-Pilot-Programs.aspx to read the entire article.

Posted in News | Comments Off

Bubba Gump Makes a Tasty Etoufee Out of Shrimp Crisis

For years bankers have been portraying credit unions as lovable but bumbling folks making us sound a bit like Forrest Gump. Is that so bad? Continue reading

Posted in Articles | Comments Off

The Role of the Credit Union Collaborations Manager

The Role of the Credit Union Collaborations Manager

The task of credit unions as set forth in the NCUA pronouncements on due diligence, is to identify measure, monitor and manage the risks of the credit union third party relationships. Who will do this for the credit unions and how will he/she know what to do? I recommend that the credit union have a service provider policy to manage the credit union’s relationship with all its service providers, including CUSOs and a CUSO investment policy that sets forth the issues in deciding whether to invest in a CUSO. I recommend that the credit union appoint a Collaboration Manager (“CM”) to implement these policies. The CM will work with senior staff and the credit union’s subject matter experts, e.g. the credit union’s lending manager for working with a mortgage CUSO, to guide the credit union through the selection and monitoring process.

The CM will keep abreast of the service provider and CUSO investment opportunities in the marketplace through networking. The CM should be “plugged-in” to sources of innovative ideas and bring opportunities to the credit union’s senior management for evaluation. Once senior management determined that they wanted to consider the services of a CUSO, the CM and the credit union subject matter expert would administer the selection process, including due diligence.

I have posted a Sample Service Provider Policy and Sample CUSO Investment Policy in the Articles section on the CUSOLaw.com website for your consideration. This is so important to the success of the credit union industry to have these policies and CM’s to administer them, that I am giving these policies away to all credit unions, not just clients.

Posted in News | Comments Off

CUSO INVESTMENT POLICY

A. Philosophy Re: Collaborations Collaborations are an essential element in the operations of the Credit Union. Collaborations enable the Credit Union to be able to provide services more efficiently and effectively and to provide valuable financial services to members that … Continue reading

Posted in Articles | Comments Off