Planning Guide For Open-End Consumer Lending MXPG18 TABLE OF CONTENTS Chapter 1 Introduction to the Planning Guide 1-1 Features of the Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2 Service and Support. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-3 Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-4 Chapter 2 Open-End Lending Requirements 2-1 Open-End Credit Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1 Open-End Disclosure Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-5 Change in Terms Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-5 Chapter 3 Format Comparison 3-1 Simplified Agreement Format. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-2 Flexible Agreement Format. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-3 Packaged Agreement Format. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-4 Chapter 4 LOANLINER® Credit Agreement Analysis 4-1 Section 1 – Choose a Plan Option . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-1 Credit Agreement Analysis Questions: Instructions for Section 1. . . . . . . . . . . 4-6 Section 2 – Choose a Credit Agreement Format . . . . . . . . . . . . . . . . . . . . . . 4-9 Credit Agreement Analysis Questions: Instructions for Section 2. . . . . . . . . . 4-11 Open-End Planning Guide — Contents 1 Chapter 5 Additional LOANLINER® Documents 5-1 Special State Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1 Addendum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-3 Applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-4 Vouchers and Disbursement Receipts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-9 Vouchers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-9 Open-End Voucher with Security Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-10 Open-End Advance Request. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-12 Open-End Voucher (Short Version). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-12 Disbursement Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-13 Pre-Approved Payment Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-13 Miscellaneous Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-14 Adverse Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-14 Guaranty Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-14 Notice to Co-Signer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-15 Subsequent Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-15 Endorsement Language. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-15 Security Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-16 Permanent Security Agreement PLUS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-16 Document Folder. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-16 Open-End Planning Guide — Contents 2 Chapter 6 How to Build an Addendum 6-1 Building an Addendum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1 Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-3 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-10 Generating Your Addendum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-13 Frequently Asked Questions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-14 Addendum Sample. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-17 Chapter 7 Ordering Information 7-1 How to Complete Order Form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-2 LOANLINER® Credit Agreement Analysis. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-3 Order Form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-5 Copyright © 1998, 99, 2000-02, 04, 05, 09, 10, 11, CUNA Mutual Group, Madison, Wisconsin. ALL RIGHTS RESERVED. Open-End Planning Guide — Contents 3 CHAPTER 1 INTRODUCTION TO THE PLANNING GUIDE The purpose of this Planning Guide is to assist you in developing an Open-End lending program. Regardless of whether you are new to LOANLINER® or are switching to a different Plan Option/format combination, you need to make some important decisions before you select which LOANLINER® documents to use in your credit union. This planning guide offers you information to use in making these decisions along with selecting the best documents for your credit union and members. The guide provides information that will help you do the following: • Learn the advantages of using an Open-End lending program in your credit union. • Discover how the LOANLINER® Program can help you meet the needs of your members. • Understand the differences between our two (2) Credit Plan Options and our three (3) Credit Agreement formats. • Choose the LOANLINER® Plan Option/format combination that best suits your credit union’s lending policies and operations and helps you meet your lending goals. • Select the documents that fit into your credit union’s lending environment. • Contact the LOANLINER® Department and order your LOANLINER documents. You should use this Planning Guide if you are doing any of the following: • Switching to new LOANLINER® documents. • Switching to a different LOANLINER® Plan Option. • Switching to a different Credit Agreement format. • Installing the LOANLINER® Program. The LOANLINER® Open-End Consumer Lending Program is designed to help your credit union succeed in the ever-changing world of consumer lending and take your lending program into the future. The LOANLINER® Program is designed solely for credit unions, based on credit union input and research on lending trends in the industry. The LOANLINER® Program offers three (3) different Open-End Credit Agreement formats that use Credit Agreements designed to perform in Open-End Planning Guide — Introduction 1-1 various lending environments. The three (3) formats are the Simplified Agreement, Flexible Agreement and Packaged Agreement. They vary by format and by how they are used. These differences are discussed in more detail later in this guide. There are two (2) options available for each Credit Agreement format: • Basic Option of any format keeps the Credit Agreement and Security Agreement as separate documents. • PLUS Option of any format combines the Credit Agreement and Security Agreement into one (1) document. The differences between the Basic and PLUS options are discussed in more detail later in this guide. With these descriptions in mind, there are six (6) Plan Option/Credit Agreement format combinations to choose from. They are referred to as follows: Simplified Agreement Flexible Agreement Packaged Agreement Simplified Agreement PLUS Flexible Agreement PLUS Packaged Agreement PLUS After you review the guide, you will be able to select the format that will best suit your credit union’s lending policies and operations. The LOANLINER® Program consists of quality loan documents that comply with consumer credit laws and regulations. The program provides lending and compliance expertise and support. The program includes the following components: • Documents – available in several formats – paper, electronic and electronically through loanliner.com • Service and Support • Lending and Compliance Expertise • Resources Features of the Documents One of the most valued components of the LOANLINER® Open-End Consumer Lending Program is the lending documents. Some key features of the documents are listed below. • The documents are designed exclusively for credit unions. • The documents comply with federal consumer credit laws. Open-End Planning Guide — Introduction 1-2 • The documents support open-end and provide an easy way to cross-sell credit cards. (Closed-end documents are also available but are not addressed in this guide.) • The documents are streamlined to reduce the time and paperwork involved in processing loans. • The documents are supported by major data processors. • The documents integrate payment protection coverage enrollment into the lending process. • The documents give you the flexibility you need to do lending your way. For example, there are documents for: – Credit unions that support remote-access methods to their lending programs. – Credit unions that primarily conduct business using face-toface contact. – Credit unions with members that use the Internet to apply for credit can now access the Open-End documents through loanliner.com. – Credit unions that require electronic documents for their lending programs. Service and Support A key feature of any product you use is the service and support that goes with it. You can rely on CUNA Mutual Group to provide you with excellent support and service for the LOANLINER® Open-End Program. You can receive LOANLINER® assistance by: • Calling your CUNA Mutual representative at: 1-800-356-2644 • Contacting the LOANLINER® Department at: Phone: 1-800-356-5012 Fax: 1-608-236-6891 E-Mail: loanliner@cunamutual.com Mail: LOANLINER® Department CUNA Mutual Group PO Box 2991 Madison, WI 53701-2991 Open-End Planning Guide — Introduction 1-3 Lending and Compliance Expertise The LOANLINER® Program has been part of credit unions’ lending success for decades and is currently being used by nearly 7,000 credit unions. Our work with these credit unions has helped us develop a high degree of lending expertise. You will have direct access to this expertise via any of the channels previously described. Resources In addition to this Planning Guide, the LOANLINER® Program provides the following resources for your credit union: • Document Guide • User Guide • LOANLINER® Lending Resource Center • Lending Resource Newsletter • Local support from your CUNA Mutual representative • LOANLINER® staff Open-End Planning Guide — Introduction 1-4 CHAPTER 2 OPEN-END LENDING REQUIREMENTS Open-End Credit – Defined Under the Truth-in-Lending Act and its implementing regulation, Regulation Z, credit is considered open-end if it satisfies the definition of open-end credit in the Act and Regulation. If a loan does not meet the definition of open-end credit, it is closed-end credit. There is no definition of closed-end credit other than it is credit that is not open-end credit. Regulation Z, Section 226.2(a)(20) defines open-end credit as consumer credit extended by a creditor under a plan in which: 1. the creditor reasonably contemplates repeated transactions; 2. the creditor may impose a finance charge from time to time on an outstanding unpaid balance; and 3. the amount of credit that may be extended to the consumer during the term of the plan (up to any limit set by the creditor) is generally made available to the extent that any outstanding balance is repaid. Detailed Explanation of Open-End Definition Existence of a Plan The first requirement is that there be a “plan” to extend consumer credit. A plan connotes a contractual arrangement between the creditor and the consumer. The consumer has a single account with the institution that can be accessed repeatedly via a number of subaccounts established for the different program features and rate structures. The LOANLINER® Credit Agreement and Addendum are used to create the plan. The Agreement explains the terms and conditions under which advances will be made, and the Addendum includes the Account Opening Disclosure in a table format. The Addendum describes the types of subaccounts that are available under the plan along with rates specific to each member and fees included in the Account Opening disclosure table. There is a common misperception that open-end credit is limited to credit cards, lines of credit and share draft/overdraft lines of credit. The Commentary to Regulation Z, Section 226.2(a)(20)-2, recognizes that lenders use open-end credit to offer different types of credit: Open-End Planning Guide — Lending Requirements 2-1 Some creditors offer programs containing a number of different credit features. The consumer has a single account with the institution that can be accessed repeatedly via a number of subaccounts established for the different program features and rate structures. Some features of the program might be used repeatedly (for example, an overdraft line), while others might be used infrequently (such as the part of the credit line available for secured credit). If the program as a whole is subject to prescribed terms and otherwise meets the definition of open-end credit, such a program would be considered a single, multifeatured plan. [Commentary at Section 226.2(a)(20)-2.] The existence of a Plan, outlines the basic concepts of multifeatured openend lending; a plan with subaccounts, some subaccounts used frequently (overdraft subaccount), some used infrequently, (secured subaccount), and lastly as long as the plan as a whole meets the definition of open-end credit, it is considered a single multifeatured plan. Repeated Transactions The second requirement is that the creditor must reasonably contemplate repeated transactions. This means: “that the credit plan must be usable from time to time and the creditor must legitimately expect that there will be repeat business rather than a one-time credit extension. The creditor must expect repeat dealings with the consumer under the credit plan as a whole and need not believe the consumer will reuse a particular feature of the plan.” [Commentary at Section 226.2(a)(20)-3.] Credit unions expect their members to borrow from them from time to time, so they usually have no problem meeting this criterion. As long as the plan, as a whole, can be used from time to time, it does not matter if part of the plan is not reused or never used by a particular member. Most credit unions include a line of credit subaccount or overdraft subaccount as part of the plan as those subaccounts are often used frequently. Finance Charge Imposed From Time to Time The third requirement, that a finance charge be imposed from time to time on an outstanding balance, is met by charging interest on all plans. The actual interest rate (Annual Percentage Rate) for various subaccounts is disclosed on the addendum. Open-End Planning Guide — Lending Requirements 2-2 Reusable Line The final requirement is that the account be reusable. This is probably the most misunderstood requirement. It does not require you to establish a credit limit for the plan or for any subaccount. You may occasionally or routinely verify credit information, but not as a condition for a particular advance under the plan. As the Commentary [Section 226.2(a)(20)-5] explains: The total amount of credit that may be extended during the existence of an open-end plan is unlimited because available credit is generally replenished as earlier advances are repaid.... The creditor may occasionally or routinely verify credit information such as the consumer’s continued income and employment status or information for security purposes but, to meet the definition of open-end credit, such verification of credit information may not be done as a condition of granting a consumer’s request for a particular advance under the plan. In general, a credit line is selfreplenishing if the consumer can take further advances as outstanding balances are repaid without being required to separately apply for those additional advances.... This criterion does not mean that the creditor must establish a specific credit limit for the line of credit or that the line of credit must always be replenished to its original amount. The creditor may reduce a credit limit or refuse to extend new credit in a particular case due to changes in the creditor’s financial condition, or the consumer’s creditworthiness. To occasionally or routinely verify credit information, we must assume that a credit union can verify information from time to time according to established procedure. This means that verification can still occur, but it should not happen all the time, and that when it does, it is based on established procedures, such as a credit union’s lending policies and procedures. From a practical standpoint, how can a credit union verify information? First, adhering to the rules entails verifying as little information as you need. Second, the more you have transactions that require little verification, the better you are positioned when you need to do a little more verification on an occasional basis. There’s no single right way to verify information. Here are some options that may be helpful for credit unions: • Ask members if they have changes to identified items, pursuant to your policy. For example, if the credit union’s policy calls for verifying continued creditworthiness for an advance greater than $XXX – which constitutes “occasional” verification not for the Open-End Planning Guide — Lending Requirements 2-3 individual advance, but for the situation – and the verification will be of continuing employment and income, you can ask members if they are still employed and still make the previously stated amount of money. • A credit union’s policy may call for different degrees of verification. For example, for a line of credit subaccount, the policy may specify verifying the member’s identity and confirming that they are current with payments. For advances over a certain amount, the policy may require verification of continued employment or income. • Routine updates of credit information are always a best practice. These updates can be done periodically by credit bureaus or in other ways. This allows the credit union to maintain current information on members so its verification needs are small. Verification of Collateral Value In addition, the commentary to Regulation Z addresses verification of collateral value. The section states: Verifications of collateral value. Creditors that otherwise meet the requirements of Section 226.2(a)(20) extend open-end credit notwithstanding the fact that the creditor must verify collateral values to comply with federal, state, or other applicable law or verifies the value of collateral in connection with a particular advance under the plan. Regulation Z recognizes that lenders are required by regulators to verify the value of collateral when making an advance. Thus, when collateral is pledged as part of an open-end plan, the regulation allows verification of certain ratios like loan to value. Summary Open-end plans can be for any amount and have any repayment schedule. Open-end plans can be used to make advances to purchase vehicles, boats, computers and vacations. You can have subaccounts that are used infrequently, such as one to purchase a new vehicle, and others that are used all the time, like a share draft/overdraft line of credit. You can establish a credit limit for some subaccounts like an overdraft subaccount, but not for other subaccounts such as a new vehicle subaccount. An open-end plan can be structured to give you the control and flexibility you need for making various types of advances. Open-End Planning Guide — Lending Requirements 2-4 NOTE: Although you can do virtually any kind of lending on open-end, that does not mean you should mix credit secured by real estate with other consumer credit under the LOANLINER® Open-End Plan. Because there are special Truth-in-Lending disclosures and requirements for openend credit secured by the consumer’s dwelling, the LOANLINER® OpenEnd Plan should not be used. (A separate LOANLINER® home equity system is available.) Open-End Disclosure Requirements If you are offering open-end plans, Section 226.6 of Regulation Z requires disclosure of information in an Account Opening Disclosure table. These disclosures are made in the LOANLINER® Credit Agreement and Addendum. The Addendum includes the Account Opening Disclosure table and discloses the types of credit that are available under your plan, their periodic rates and corresponding annual percentage rates (APRs). The Addendum must also include any other charges that you impose in connection with your open-end plan, such as late fees, over-the-limit charges and collection costs. A periodic statement for your open-end plan is required for each billing cycle and must meet the disclosure requirements in Section 226.7(b) of Regulation Z. If you change certain terms of your plan, you must comply with the change in terms notice requirements of Section 226.9(c)(2) of Regulation Z, which are described in the next section. Change-in-Terms Rules Regulation Z Section 226.9 deals with subsequent disclosure requirements. Among those requirements are disclosures when a credit union changes the terms of a credit agreement. This section will deal with the rules regarding changes in terms. The changes include changes to the timing, format, and content of change-in-terms notices. Timing When a term required to be disclosed under Section 226.6 (Account Opening Disclosures) is changed or the required minimum periodic payment is increased, a credit union must provide a written notice of the change at least 45 days prior to the effective date of the change to each consumer who may be affected. Open-End Planning Guide — Lending Requirements 2-5 G-20 Change-in-Terms Sample Important Changes to Your Account Terms The following is a summary of changes that are being made to your account terms. You have the right to opt out of these changes. For more detailed information, please refer to the booklet enclosed with this statement. These changes will impact your account as follows: Transactions made on or after 4/2/12: As of 5/10/12, any changes to APRs described below will apply to these transactions. Transactions made before 4/2/12: Current APRs will continue to apply to these transactions. If you are already being charged a higher Penalty APR for purchases: In this case, any changes to APRs described below will not go into effect at this time. These changes will go into effect when the Penalty APR no longer applies to your account. Revised Terms, as of 5/10/12 APR for Purchases 16.99% Late Payment Fee $32 if your balance is less than or equal to $1,000; $39 if your balance is more than $1,000 Format and Content There are two rules for change-in-terms notices, depending on whether the term changed is a term required to be disclosed in the table under Section 226.6. If a credit union changes a term required to be disclosed in the table, it must provide the following information: 1. A summary of the changes made. 2. A statement that changes are being made to the account. 3. A statement indicating the consumer has the right to opt out of these changes, if applicable, and a reference to additional information describing the opt-out right provided in the notice, if applicable. 4. The date the changes will become effective. Open-End Planning Guide — Lending Requirements 2-6 5. If applicable, a statement that the consumer may find additional information about the summarized changes, and other changes to the account, in the notice. 6. If the change in terms being disclosed is an increase in an APR, the balances to which the increased rate will be applied. The notice containing this information must be given in a form of a table similar to the table required in Section 226.6 for account opening statements. (See the Sample Change Form G-20 on Page 2-6.) The information must be in at least a 10-point type size. As with the account opening disclosures, the change-in-terms table must contain information at the same level of detail as required as with the accountopening disclosures. If you include the change-in-terms notice with a periodic statement, the summary of changes needs to appear on the front of every page of the statement. Open-End Planning Guide — Lending Requirements 2-7 CHAPTER 3 FORMAT COMPARISON This chapter lists an overview of features and benefits for each of the three (3) LOANLINER® Credit Agreement formats. The features and options of each format are further broken down into either the Basic or PLUS options. This chapter will allow you to quickly compare the formats. Open-End Planning Guide — Format Comparison 3-1 Simplified Agreement Format Features Benefits Works best for credit unions that: Basic Option PLUS Option •Credit Union Copy integrates an express application with the Open-End Plan Signatures. This document obtains the borrower’s agreement to the Plan. •Borrower Copy is a compact, single sheet brochure which contains the Credit Agreement. •Easy for the member to apply for both open-end credit and a credit card. •Includes payment protection election for open-end credit. •Contains the same features as the Basic Option with the addition of an integrated permanent Security Agreement. •Allows the credit union to always deposit funds directly into the borrower’s account without obtaining additional signatures •Want to reduce the number of signatures to one (1) for both the application and Credit Agreement •Want a convenient way to cross-sell Open-End LOANLINER® and a credit card •Want a separate signed Security Agreement for secured advances •Want the application and agreement to the terms of the Open-End Plan to occur in one (1) step (i.e. when the borrower signs the Credit Union Copy) •Want one (1) signature for the application, Credit Agreement and Security Agreement •Want to deposit funds for secured advances directly into the borrower’s account •Do not need to file a separate signed Security Agreement for secured advances •Want the application and agreement to the terms of the Open-End Plan and Security Agreement to occur in one (1) step (i.e. when the borrower signs the Credit Union Copy) •Do both secured and unsecured lending under their Open-End Plan Open-End Planning Guide — Format Comparison 3-2 Flexible Agreement Format Features Benefits Works best for credit unions that: Basic Option PLUS Option •Credit union can use any application method they choose (ex. loans-byphone, Internet, walk-in, electronically generated) •Credit Union Copy contains Credit Agreement so there is a signed agreement in the borrower’s file •Borrower Copy is a compact, single sheet brochure which contains a copy of the Credit Agreement •Contains the same features as the Basic Option with the addition of an integrated permanent Security Agreement •Allows the credit union to always deposit funds directly into the borrower’s account without obtaining additional signatures •Prefer to use a separate application such as loansby-phone, Internet, walk-in, electronically generated •Want a signed Credit Agreement in the borrower’s file •Want a separate signed Security Agreement for secured advances •Use a variety of application methods, such as loans-byphone, Internet, walk-in, electronically generated •Want a signed Credit Agreement in the borrower’s file •Want to deposit funds for secured advances directly into the borrower’s account •Do not need to file a separate signed Security Agreement for secured advances •Do both secured and unsecured lending under their Open-End Plan Open-End Planning Guide — Format Comparison 3-3 Packaged Agreement Format Features Benefits Works best for credit unions that: Basic Option PLUS Option •Credit union can use any application method they choose (ex. loan-byphone, Internet, walk-in, electronically generated) •Credit Union Copy and Borrower Copy are packaged into one (1) document, so both credit union and borrower get a signed copy of the Credit Agreement •Contains the same features as the Basic Option with the addition of an integrated permanent Security Agreement •Allows the credit union to always deposit funds directly into the borrower’s account without obtaining additional signatures •Prefer to use a separate application, such as loans-by-phone, Internet, electronically generated •Want both the Credit Union Copy and Borrower Copy packaged together in one (1) document •Want both the credit union and the borrower to have a signed Credit Agreement for their file •Have a lot of members who prefer to conduct business by mail •Want a separate signed Security Agreement for secured advances •Do both secured and unsecured lending under their Open-End Plan •Use a variety of application methods, such as loans-byphone, Internet, walk-in, electronically generated •Have a lot of members who prefer to conduct business by mail •Want to deposit funds for secured advances directly into the borrower’s account •Do not need to file a separate signed Security Agreement for secured advances Open-End Planning Guide — Format Comparison 3-4 CHAPTER 4 LOANLINER® CREDIT AGREEMENT ANALYSIS This chapter contains a Credit Agreement Analysis, which will assist you in determining which Credit Agreement format and what plan option to use. The Credit Agreement analysis is located on pages 6-3 and 6-4 of this guide. The analysis is broken into two (2) sections: Section 1 outlines your Plan Option selection Section 2 outlines your Credit Agreement format selection General information on each section is provided first and then detailed explanations of the questions on the Credit Agreement Analysis are outlined. Section 1 – Choose a Plan Option General Information You may choose from two (2) Plan Options for Open-End lending. These Options are referred to as the “Basic” Option and the “PLUS” Option. The difference between the two (2) Options are the agreements included in the documents used to establish the Plan. The Basic Option contains a Credit Agreement whereas, the PLUS Option integrates the Credit Agreement and Security Agreement. Under either Option, the disclosures are given and the agreements are signed at the time that the Plan is opened. Credit Agreement A Credit Agreement is a legal document signed by the borrower(s). It contains the legal promises, such as the promise to repay all the money borrowed and defines the terms and conditions of the Open-End plan. The required Truth in Lending disclosures are also included in the Credit Agreement. An Addendum is used with a Credit Agreement to disclose the Account Opening Disclosure table required by Regulation Z 226.6(b), subaccounts, various fees and terms of the plan. The Credit Agreement is signed just once at the time the plan is opened. The terms in the Credit Agreement then apply to all advances obtained under the plan. Open-End Planning Guide — Credit Agreement Analysis 4-1 Security Agreement A Security Agreement is a legal document in which the owner(s) of the collateral provide property as security for the advance. It is the document that allows the credit union to repossess the property if the borrower does not pay or is otherwise in default. The owner(s) may sign either the Security Agreement itself or may agree to the terms of the Security Agreement by signing an endorsement on the back of the proceeds check. Basic Option The Basic Option includes only the Credit Agreement. With this Option, it is expected that whenever the borrower offers collateral as security for an advance, the collateral owners will agree to the terms of a Security Agreement by signing a Voucher or a separate Security Agreement at the time of the advance. Thus, the Basic Option requires two (2) signatures. One signature is for agreeing to the terms of the Credit Agreement when the Plan is opened. The second signature is for agreeing to the terms of the Security Agreement at the time of each advance if collateral is offered. If no collateral is offered as security then there is no need to sign a Security Agreement. PLUS Option The PLUS Option combines the Credit Agreement and Security Agreement into one (1) document. That means the borrower has to sign agreeing to the terms and conditions of both agreements only once, when the Plan is established. This streamlines the lending process because when the borrower offers collateral to secure the plan, no additional signatures are needed at the time of an advance. The credit union only has to send the borrower a receipt or other document which clearly describes the collateral being offered as security and the payment terms. The LOANLINER® Program offers a Disbursement Receipt that should be used with the PLUS Option for this purpose. Switching to PLUS If you are currently using the LOANLINER® program, but you are switching to the PLUS Option, which includes the combined Credit and Security Agreements, you will use a Disbursement Receipt to document advances. However, the borrowers that already have an Open-End plan never signed a permanent Security Agreement. As a result, you cannot automatically use a Disbursement Receipt to document advances with existing plans. Open-End Planning Guide — Credit Agreement Analysis 4-2 There are two (2) ways you can document advances for borrowers with existing plans. The method you select will depend on your credit union’s procedures and ability to code each plan. You can do either of the following: • Continue to use a Voucher for secured advances made under the previous plan. • Order a PLUS Permanent Security Agreement. When the borrower requests the next advance, have the borrower sign the Permanent Security Agreement which will then be on file at the credit union. Once you have done this, you can use a Disbursement Receipt to document all future advances. Option Selection The first step in identifying whether you should use the Basic or PLUS Option is to determine what type of lending you will be doing under your Open-End plan. Each different type of advance (e.g. vehicle, overdraft line, etc.) is called a “subaccount.” Each subaccount will be listed on the Addendum that you give to the borrower with the Credit Agreement when the plan is opened. Some credit unions use the Open-End plan for a limited number of subaccounts such as line of credit and/or overdraft protection. Others use the Open-End plan for almost all types of consumer credit offered by the credit union. The LOANLINER® Plan should not include subaccounts listed below because they require different disclosures: • Mobile Homes • Real Estate Loans including Home Equity loans • Credit Cards** • Insured Student Loans Review the general considerations found on the next page to help you make your decision on which Plan Option to choose. **The LOANLINER® Program offers specific documents which permit a member to apply for a credit card, but you will need to provide the member with a LOANLINER® Credit Card Agreement and Credit Card Account Opening Disclosure. Open-End Planning Guide — Credit Agreement Analysis 4-3 General Considerations Here are some things you should consider when deciding whether to use the Basic or PLUS Option. Consideration Best Option 1.The only subaccounts that you offer are ones that are not secured by any collateral other than shares. If the only subaccounts that you offer are ones that are not secured (line of credit, overdraft protection, signature), select the Basic Option because you do not need a Security Agreement as part of the Plan. Basic 2.You lend primarily in a state or states that require filing Security Agreement copies when you are doing secured lending. Filing states include: AR, CO, DC, LA, NE, OH, SD, WY. Some states require that you file a copy of a signed Security Agreement with a local government agency such as the Department of Motor Vehicles. That Security Agreement must include a description of the collateral offered to secure the loan advance. Usually the filing requirements relate primarily to collateral such as motor vehicles. Basic If you lend primarily in filing states, you will not want to use the PLUS Option, under which the Security Agreement is signed at the beginning of the Plan rather than with each advance. 3.You lend primarily in a state which does not have filing requirements. If you lend primarily in non-filing states but occasionally loan in a filing state, you can use the PLUS Option for most of your loans, and order separate Security Agreements to be used for secured loan advances made in filing states. PLUS 4.You lend primarily in a filing state but only make loans that are secured by collateral for which a Security Agreement does not need to be filed. Even in filing states, some collateral secured loans do not require a filed copy of the Security Agreement. Examples would be share or certificate secured loan advances. PLUS If you have determined that you must use the Basic Option based on the information above, you do not need to review the additional considerations listed in this chapter, you can proceed to page 4-9 Section 2, Choose a Credit Agreement format. Open-End Planning Guide — Credit Agreement Analysis 4-4 Additional Considerations If you can use either the PLUS or Basic Option based on the information provided so far, you need to decide which Option will work better with your credit union’s procedures and operations. Consider the information below to determine which Option you want to use. Basic Option Features The Basic Option will accommodate your lending needs better if: • Your members come to the credit union regularly to request advances and pick up the check. • You want a signed Voucher/Security Agreement at the time the borrower gets an advance. • Your attorney recommends this Option. PLUS Option Features The PLUS Option is designed in such a way that once the Plan is opened, the borrower does not need to sign for each secured advance. This streamlined process is different than what your members, staff and attorney may be accustomed to because it is more common to require a signature on the Security Agreement each time the borrower obtains a secured advance. The advantages of this Option are obvious, • First, once a borrower signs the agreement, the borrower never has to provide you with another signature. • Second, because you do not need a borrower’s signature on a Voucher or endorsement language on the back of a proceeds check, you can deposit the proceeds directly into the borrower’s share or share draft account. The PLUS Option works well in the following circumstances: • You have many members that live in different states or far away from the credit union. • Your members have difficulty getting to the credit union to sign documents. • Your members like to access services remotely (i.e. via the Internet, mail, home banking software, etc.). • Your members like having the advanced funds deposited into a share/share draft account rather than receiving a check that needs to be endorsed. • The credit union, in consultation with its attorney, has determined that it is not necessary to have a signature for each secured advance. Open-End Planning Guide — Credit Agreement Analysis 4-5 While we are aware of credit unions that have used the PLUS Option very successfully, some credit unions are hesitant about using a combined Credit and Security Agreement. While the Truth in Lending regulations do not require any certain format or any signatures on documents, the law of contracts and collections does govern this area. Since we want your documents to be enforceable in the event that you have to start a collection action or repossession against a borrower, you should always make sure that a local judge will enforce the contract. Courts and judges vary greatly by location. Your attorney and/or collections officer will be most familiar with those local practices. It is imperative that you consult with your attorney or other persons who handle collections for the credit union to obtain their opinion on the PLUS Option. Additional Signatures Required While the PLUS Option is designed to obtain signatures only at the time the Plan is opened, there are situations in which you will need to obtain other signatures even when using the PLUS Option. For example: • If the borrower is in a state in which a copy of a Security Agreement has to be filed, you will need to use a Security Agreement which all owners of the collateral will have to sign. • If collateral offered as security for the loan advance is owned by persons other than the borrower who signed the Credit and Security Agreement, the non-borrowing owner of collateral will need to sign a Security Agreement. To obtain a valid security interest in collateral, each owner of collateral must sign the Security Agreement. Therefore, even with the PLUS Option, it will be necessary for you to order a small supply of the Voucher/Security Agreement or separate Security Agreement to use in the above described situations. Credit Agreement Analysis Questions INSTRUCTIONS FOR SECTION 1 – Choose a Plan Option A removable Credit Agreement Analysis document is available for your use on page 6-3. Complete Section 1 to choose a Plan Option. The Plan Option will be either the “Basic” or “PLUS” Option. The Basic Option contains only the Credit Agreement. The PLUS Option contains a Permanent Security Agreement integrated into the Credit Agreement. There are several factors Open-End Planning Guide — Credit Agreement Analysis 4-6 that affect whether or not the PLUS Option will suit your needs. Below is an explanation of the significance of each question in Section 1 of the Credit Agreement Analysis: 1.Do you do secured lending under your Open-End Plan? Your answer will affect whether or not you want to use the PLUS Option. Some credit unions have only line of credit and/or overdraft protection subaccounts under their Open-End Plan. Others do both secured and unsecured lending under their Open-End Plan. If you only provide subaccounts under your Open-End Plan that are not secured such as a line of credit, you will not need the PLUS Option. You will recall from earlier chapters of this guide that the main benefit of the PLUS Option is for those credit unions that do secured lending under their Open-End Plan. The PLUS Option integrates a Permanent Security Agreement into the Credit Agreement, and as a result, the borrower agrees to both when the open-end plan is established. Once the plan is opened, you do not need a signature on a Security Agreement for secured advances. You simply use the Disbursement Receipt to document the secured advance. If you do not do secured lending under your Open-End Plan, you can proceed to Section 2 to select a Credit Agreement format. 2.Does your state require a signed copy of the Security Agreement when you file a lien? Filing states include: AR, CO, DC, LA, NE, OH, SD, WY. In some states, the governmental agency which records the lien on collateral securing a loan requires that you file a signed copy of the Security Agreement to obtain the lien (we have referred to these states as “filing states” throughout this guide). This means that every time you make a secured advance under your Open-End Plan in any of these states, you must obtain the borrower’s signature on the Security Agreement in order to file your lien on the collateral. The PLUS Option is designed around the concept that the borrower signs the Security Agreement at the time the Open-end Plan is established, which allows you to document secured advances in the future without a signature. As a result, if your credit union is in a filing state, or you do a majority of your lending in a filing state, the PLUS Option might not work for you and you should order the Basic Option. Proceed to Section 2 to select a Credit Agreement format. If your credit union is located in a filing state but you do at least half of your lending in a non-filing state (i.e. a state that does not require a signed copy of the Security Agreement to record the lien), you may consider ordering the PLUS Option. You would then use the Open-End Planning Guide — Credit Agreement Analysis 4-7 Disbursement Receipt to document advances in the non-filing states and the Advance Voucher and Security Agreement to document advances made in the filing states. Please choose the Basic or PLUS Option and proceed to Section 2 to select a Credit Agreement format. If you are located in or lend primarily in a non-filing state, proceed to question #3. 3.Your choice of the Basic or PLUS Option is now based solely on your business and operational needs. The main consideration is do you want the Security Agreement and Credit Agreement combined in order to get the borrower’s agreement to both at the time the plan is established, thus allowing you to deposit advances directly into the borrower’s account with­out additional signatures? There are many factors to consider when making this decision. A. Do you want a signature on file for each advance, secured or unsecured? If yes, you will want to go with the Basic Option. B. Do the courts in your area tend to approach lending more conservatively? For example, do the courts insist on signatures on all documentation? Would the Permanent Security Agreement concept be understood in the local courts? You should consult with your attorney on this issue to determine how you would like to proceed. C. Are your files full of documentation? Would you like to streamline the disbursement process in a way that no longer requires you to wait to get a borrower’s signature before disbursing the advance? Are your borrowers asking for quick turn-around times for disbursement? Are many of your members located in areas that make it difficult for them to come into the credit union to sign documents? As you consider these factors, decide what is most important to your credit union as well as what will support your future lending needs. Based on this, choose either the PLUS or Basic Option and proceed to Section 2 to select a Credit Agreement format. Open-End Planning Guide — Credit Agreement Analysis 4-8 Section 2 – Choose a Credit Agreement Format General Information After you determine whether to use the Basic or PLUS Option, you will need to decide which of the three (3) Credit Agreement formats will be best for your credit union and members. Each of the three (3) LOANLINER® Credit Agreement formats are available with the Basic Option or PLUS Option. All three (3) of the formats have features that appeal to different credit unions. For example: • If you want the borrower to have a signed copy of the agreement, you should choose the Packaged Agreement format. • If you want the credit union to have a copy of a signed Credit Agreement in the borrower’s file, you should choose either the Packaged Agreement format or the Flexible Agreement format. • If you want to allow the borrowers to apply for and agree to the terms of a credit card as well as the LOANLINER® Plan, you should choose the Simplified Agreement format. Simplified Agreement Format The Simplified Agreement format combines an Express Application, the Plan signatures, and the payment protection election into one (1) document that remains on file in the credit union. The borrower completes this combined application and plan signatures document to apply for and agree to the Open-End plan. In the paper format, the Borrower Copy of the Credit Agreement, Billing Rights Notice, and Payment Protection is a folded 8½” x 3½” brochure. The electronic version is 8½” x 11” in size. There are no signatures on the Borrower Copy of the Credit Agreement. The Credit Union Copy, which is called the Open-End Application and Plan Signatures document, includes: • An express credit application for the LOANLINER® Plan and a credit card election. • Signatures agreeing to the terms of the LOANLINER® Agreement and credit card agreement (if credit cards are included on the application). • An area for instructions or other important information. • A payment protection enrollment for the LOANLINER® Plan. This format differs from the other Credit Agreement formats because the credit union does not keep a copy of the Credit Agreement language in Open-End Planning Guide — Credit Agreement Analysis 4-9 the borrower’s file. Instead, the credit union keeps a master copy of the Agreement on file in the credit union (for example, with the compliance officer). The credit union relies on the borrower’s signature on the Open-End Application and Plan Signatures document (which has signature language that refers to the Credit Agreement) as the borrower’s promise to repay. For mail transactions, the credit union can mail the Borrower Copy of the Credit Agreement, the Addendum, and the Open-End Application and Plan Signatures document to the borrower. The borrower keeps his/her copy of the Agreement and Addendum, signs the Open-End Application and Plan Signatures document and returns it to the credit union for the credit union file. Flexible Agreement Format You may use any application that you wish with the Flexible Agreement format. This format uses the same Borrower Copy of the Credit Agreement as is used in the Simplified Agreement format. The Credit Union Copy, which is called the Open-End Plan Signatures document, includes the signatures for the LOANLINER® Plan, the payment protection election for the account, and a copy of the Credit Agreement. In this format, the credit union retains the signed copy of the Credit Agreement in the borrower’s file. For mail transactions, the credit union can mail the Borrower Copy of the Credit Agreement, the Addendum, and the Open-End Plan Signatures document to the borrower. The borrower keeps his/her copy of the Agreement and Addendum, signs the Open-End Plan Signatures document and returns it to the credit union for the credit union file. Packaged Agreement Format You may use any application you wish with the Packaged Agreement format. This document includes both the Borrower and Credit Union Copy of the LOANLINER® Credit Agreement, thus the name “Packaged.” The borrower signs agreeing to the terms of the Agreement on this document. Both the credit union and borrower have an identical copy of the signatures and the Credit Agreement. Payment protection election and Billing Rights Notice are also part of the document. The Packaged Agreement format is considered the most conservative of the formats. If you want the credit union and the borrower to have duplicate copies of Agreements and signatures, this format will work well for you. Open-End Planning Guide — Credit Agreement Analysis 4-10 For mail transactions, the credit union can mail the Packaged Agreement document and the Addendum to the borrower. The borrower signs on the first copy of the document, tears off the top copy and returns it to the credit union for the credit union file. The borrower keeps the remaining two (2) copies of the document and the Addendum for their file. Credit Agreement Analysis Questions INSTRUCTIONS FOR SECTION 2 – Choose a Credit Agreement Format This section of the Credit Agreement Analysis requires you to consider your operations as well as what factors are most important to you in selecting a lending format for your credit union. As you review and answer the questions, keep in mind the credit union’s goals for the future. For example, is your credit union in the process of establishing a Web site on the Internet or will you be doing so in the near future? Do you already have a variety of application methods or are you planning on implementing several (such as a loan by phone system, call center, etc.) in the near future? The answers to these questions will affect which Credit Agreement format you choose. After you answer each of the five (5) questions, rank the questions in order of importance to your credit union. Based on your answers and the order in which you rank their level of importance, you will find that one (1) of the Credit Agreement formats will meet your needs better than the other. Once you have chosen a Credit Agreement format, you can then proceed with completing the Consumer Open-End Order Form to place your order. Below is an explanation of the significance of each question in Section 2 of the Credit Agreement Analysis. 1.Is it important to have a separate application, such as an electronically-generated application, applications by phone system, Internet application, etc.? If you have a variety of application methods members can use to request credit, consider ordering the Flexible or Packaged Agreement format. Both of these formats are designed to be used with a variety of application methods. The intent is that once the borrower applies for credit using any one of several methods and you approve him/her for the credit extension, you then have the borrower sign the Open-End Credit Agreement (either Flexible or Packaged) in order to establish the Open-End Plan. The Flexible and Packaged formats allow you to use any length application you wish, whereas the Simplified format contains an integrated Express Application which obtains a modest amount of information from the borrower and relies on the credit report for detailed debt information. Open-End Planning Guide — Credit Agreement Analysis 4-11 2.Is it important to have the member apply for the Plan and agree to its terms and conditions in one step, thus streamlining your process for opening accounts? This question naturally follows question number 1 regarding the separate application. The Simplified Agreement format contains an Express Application integrated into the Plan Signatures document. When the borrower signs the Plan Signatures document of this format, he/she agrees: A. That the information on the Express Application is correct. B. To be bound by the terms and conditions of the Credit Agreement. C. That use of the credit card constitutes acceptance to the terms and conditions of the credit card agreement (if you select the credit card option for this format). D. To give a security interest in shares to secure the LOANLINER® Plan and the credit card agreement (if using the credit card option for this format). The Simplified Agreement format will appeal to those credit unions that want to reduce the number of signatures a borrower is required to make when applying for credit. It will also appeal to those credit unions that rely on a credit report for debt information rather than relying on the borrower to fill out a full-length application. If having a simplified process for opening an account is important, you will want to consider ordering the Simplified Agreement format. 3. Is it important to have one (1) document in which both the Credit Union Copy and Borrower Copy of the plan documents are included? This question is intended to focus on your operations and service. Do your members currently complain about separate pieces of paper that are shuffled around during account opening? Would you like to have a multipart document that is easy to mail, easy to use and is packaged together so your employees do not have to think about which document to pull out for the borrower to sign? The Packaged Agreement format was designed with these questions in mind. The Credit Union Copy and Borrower Copy in paper format are glued together in a 3-part, carbonless document that folds into a compact brochure. Instead of having to deal with two (2) separate pieces of paper as with the Simplified or Flexible formats, your employees have one (1) folded brochure to handle. The borrower signs on the top copy which you retain for your files after separating it from the brochure. The borrower folds up the remaining copies into the compact brochure and has a neat package to take home. If having a packaged document set is important to your credit union, consider ordering the Packaged Agreement format. Open-End Planning Guide — Credit Agreement Analysis 4-12 4.For documentation purposes, is it important to you to have both the credit union and borrower receive an exact duplicate of all signatures, the Credit Agreement, and the Payment Protection application? This question is intended to focus on what you need to retain in your files and what you want your borrowers to retain for their files. The Packaged Agreement format in paper is a 3-part carbonless brochure design, which allows the borrower’s signature and Payment Protection election on the top (credit union) copy to transfer through to the second (borrower) copy of the document. Both the Credit Union Copy and Borrower Copy are exactly alike, therefore, both retain the same information in their files. With the Simplified and Flexible formats, only the credit union retains a copy of the signatures for the Open-End Plan and the Payment Protection election. The borrower’s copy does not contain a duplicate of the signatures, though there is a space for the borrower to record the Payment Protection election made on the Credit Union Copy. If your credit union feels it is important for both parties to have a copy of the same information, choose the Packaged Agreement format. 5.Is it important to have the ability to order the Credit Union Copy and Borrower Copy of the plan documents separately so that you can, for example, electronically generate one of the pieces or give a copy to each borrower under a joint open-end plan? Both the Simplified and Flexible Agreement formats are designed with the Credit Union and Borrower Copies as separate documents. This means you can order each piece separately. This gives you the ability to electronically generate the Credit Union Copy (which contains the information that will vary from borrower to borrower) and give the borrower a pre-printed Borrower Copy, which contains standard language that remains the same from borrower to borrower. Alternatively, you may feel it is important to give joint borrowers their own copy of the Credit Agreement. While the Truth in Lending regulations do not require that joint borrowers each get a copy, some credit unions feel more comfortable providing both borrowers with a copy, especially if the borrowers do not share common records (ex. parent and child, siblings, etc.). The Packaged Agreement format may not appeal to credit unions who like the “separate pieces” approach because both the Credit Union Copy and Borrower Copy in paper format are glued together into one (1) multi-part document. Alternatively, you may find the Packaged format appealing if using separate pieces of paper would make your process less efficient. For example, if your credit union mails plan opening documents after the initial application has been taken and credit worthiness is established, it would be Open-End Planning Guide — Credit Agreement Analysis 4-13 more efficient to place a Packaged Credit Agreement into an envelope with an Addendum for mailing than to use two (2) separate pieces. If your credit union finds it appealing to have separate pieces for the Credit Union Copy and Borrower Copy of the plan documentation, consider ordering the Simplified or Flexible Agreement format. If it is more appealing for you to have the copies packaged together for easier handling, consider ordering the Packaged Agreement format. Now that you have answered the five (5) questions, rank the features described in each question in order of importance to your credit union. Rank the most important feature as #1, the second most important as #2, etc. Take a look at your ranking and then choose the format that provides you with the feature or features most important to you. If you are having trouble selecting a format, or you find your answers and ranking have pointed you in the direction of two (2) different Agreements, please call either number for assistance: • Your local CUNA Mutual representative at: 1-800-356-2644 • The LOANLINER® department at: 1-800-356-5012 Open-End Planning Guide — Credit Agreement Analysis 4-14 CHAPTER 5 ADDITIONAL LOANLINER® DOCUMENTS Now that you have selected which Plan Option and Credit Agreement format you are going to use for your Open-End Credit Plan, review the descriptions of the documents in this chapter and decide what additional documents you need to properly open and administer Open-End plans for your members. Remember that the advantage of Open-End credit is that the borrower only has to receive the Basic or PLUS Credit Agreement at the time that the Plan is opened. Once the Plan is opened, the borrower does not have to sign or receive the Basic or PLUS Credit Agreement again. Special State Documents Laws that govern consumer lending vary by state. State laws frequently vary regarding: • When a borrower is considered in default. • The credit union’s rights upon default. • When and how the terms on an Open-End Plan can be changed. We recommend that you use lending documents for the state where the borrower lives. For purposes of the Credit Agreement, we have combined those requirements into a single multi-state Credit Agreement. You may use the Basic Option of any Credit Agreement format in any state in which you have borrowers. However, if you are lending in Pennsylvania or Virginia you need to order special documents due to format considerations. For purposes of the Security Agreement, we have combined most of those requirements into a single multi-state Security Agreement. For purposes of miscellaneous support documents, we have tried to integrate as many state-specific requirements as possible into our support documents. California California has a state-specific Notice to Co-Signer which is given to a guarantor when the Guaranty Agreement is signed. Open-End Planning Guide — Additional LOANLINER® Documents 5-1 Florida Florida has a state-specific Voucher which uses the multi-state Security Agreement language but is formatted so that the signature area is found only on the Security Agreement. Iowa Iowa has a state-specific Notice to Co-Signer which is given to a guarantor when the Guaranty Agreement is signed. Louisiana Louisiana law requires very specific language in the Security Agreement. You may order the PLUS Credit Agreement format to use in Louisiana, but you would also need a separate Security Instrument for secured advances. Louisiana also has a Pre-Approved Payment Order with statespecific language in the Security Agreement. Maine Maine has a state-specific Guaranty Agreement which must be used to obligate a guarantor who is guaranteeing a debt. The Maine Guaranty Agreement is used with the multi-state Notice to Co-Signer. New York New York has a state-specific Notice to Co-Signer which is given to a guarantor when the Guaranty Agreement is signed. Pennsylvania If you are using the Basic Option for the Flexible Agreement or Simplified Agreement format and are a Pennsylvania credit union, you must use the Pennsylvania version of the Borrower’s Copy of the Credit Agreement. Pennsylvania uses the multi-state Credit Agreement language, however, due to the length of the Pennsylvania payment protection language, the format of the Borrower’s Copy is slightly different. Virginia Virginia law prohibits placement of credit insurance documents on a lending document. If you are a Virginia credit union, you should order the Virginia version of the Credit Agreement and accompanying documents. The language in the Credit Agreement is multi-state but does not include the insurance enrollment or certificate. Wisconsin Wisconsin has a state-specific Explanation of Personal Obligation which must be given to a guarantor when the Guaranty Agreement is signed. Open-End Planning Guide — Additional LOANLINER® Documents 5-2 Addendum The language that is included in the Basic and PLUS Credit Agreement is standard language used by all LOANLINER® credit unions. However the terms of credit vary from credit union to credit union. For example, interest rates, types of credit offered, fees, and other information about plans vary considerably among credit unions. An Addendum is used to gather information on all the features under your Open Plan. Part of your Addendum is a table called the Account Opening Disclosure which is required per Regulation Z 226.6(b). To meet the Regulation Z account opening disclosure requirement, the Account Opening Disclosure needs to be added into the Addendum. We offer an Addendum Tool, that incorporates the Account Opening Disclosure table into our Addendum, accommodating your credit unions’ subaccount offerings, along with disclosure of all other terms that are required by either the Truth in Lending Act or contract law. The Addendum details features unique to your Open-End plan, which means that you must update your Addendum with any changes to your plan. The Addendum is provided at plan opening. The Addendum includes the following information if applicable: • description of all subaccounts, • approximate repayment terms • daily periodic rates • annual percentage rates • variable rate disclosures • collection costs • annual and maintenance fees • transaction fees • penalty fee (i.e. late charges) • other information which you may want to include as part of the terms of the Credit Agreement The Addendum is a separate document which is part of your Plan and is tied together with language found in the Credit Agreement. You can order our Addendum Tool so that you can create your Credit Union’s Addendum. Chapter 6 contains details on how to build your Addendum. The tool will allow you to update your Addendum whenever necessary per your credit unions lending practices. Our LOANLINER compliance staff can assist you with questions that pertain to your Addendum. Open-End Planning Guide — Additional LOANLINER® Documents 5-3 By using our Addendum Tool, will be able to produce a compliant Addendum for use with your Open-End plans. Applications One of the advantages of Open-End lending is that you only need to take an application at the time that the plan is opened. If you take an application each time the member wants to borrow more money, the credit appears to be Closed-End. The need for a new application indicates that you do not reasonably contemplate repeated transactions, which is one of the basic requirements of Open-End credit. The practice of taking an application for each advance is not allowed for Open-End lending, per Regulation Z. You are establishing the borrower’s creditworthiness at the time of application, so how much information you want to collect on the original application is up to you. Remember, that in addition to using the borrower data from the application to make an informed decision when the Plan is opened, this data will also be used as a baseline to verify future creditworthiness of a member. Per Regulation Z, it is not allowable to take an application at the time of subsequent advances. The LOANLINER® Program offers a full application on which applicants, co-applicants, and guarantors are asked to provide information about employment, income, references, debts, and assets. Notices required by Wisconsin and Ohio are also included. If you wish to use a shorter application, you can use an Express Application. This application does not include questions regarding the member’s debts as it is expected that the credit union will use a credit report with this application to obtain debt information. You can use any of the above applications with either the Flexible or Packaged format. You may also use your own application, so long as it meets all of the requirements of the Equal Credit Opportunity Act, with either the Flexible or Packaged format. An advantage of using the Simplified Agreement format is that an Express Application is built right into the document which includes the signatures for the Plan. That application allows you to gather general information about the member, information about housing debt, employment, income, and one (1) reference. It is expected that all LOANLINER® applications will be used along with a full credit report so that sufficient information is gathered at Plan opening to establish member creditworthiness. Open-End Planning Guide — Additional LOANLINER® Documents 5-4 Applications With Credit Card Option Many credit unions offer credit cards to their members in addition to the LOANLINER® Open-End Plan. LOANLINER® can create the credit card agreement and Truth in Lending disclosures that must be given to the member before the card is used. The LOANLINER® Program will help you cross-sell credit cards, obtain the necessary signatures for the Credit Card Agreement and produce the Credit Card Agreement and Credit Card Account Opening Disclosure. Some credit unions use their own application for credit cards. The LOANLINER® Program provides applications which can be used to elect a credit card. The Truth in Lending Act and Regulation Z require that your member elect a credit card either in writing or orally. You cannot give a credit card to a member without his or her request. By using an application on which the member can specifically indicate a request for the credit card, you can easily comply with this Truth in Lending requirement. You may order any of the LOANLINER® applications (including the application built into the Simplified Agreement format) with or without a credit card election. The LOANLINER® program also provides a credit card only application that can be used only for marketing purposes. There is not an offer for a LOANLINER® Open-End Plan on this application. If you are using an application other than a LOANLINER® application, be sure that you have a way for the member to indicate a request for the credit card. If you rely on an oral request, you should document in writing that an oral request was made. Open-End Planning Guide — Additional LOANLINER® Documents 5-5 Credit Card Disclosures Required for Applications & Solicitations Whenever you provide a “take one” credit card application, mailed applications or other applications that members receive without specifically asking the card issuer for them, you must give certain disclosures about the terms of the credit card. Take-one credit card applications are those that the general public may take from a credit union countertop display, for example, or at a sponsor’s office, from a publication, etc. They are used for solicitation of a credit card. A table containing disclosures is referred to as the Application and Solicitation Disclosure when you are using the credit card application for marketing purposes. The Application and Solicitation Disclosure can be given with the application, and the application must include a clear and conspicuous reference to where the disclosure is located, “A table that includes the APRs and other required cost disclosures for credit applications is on a separate document provided with this application.” If you are not providing the Application and Solicitation Disclosure the application must include a cost statement such as “There are costs associated with the use of a credit card. To obtain information about these costs, call us at the toll-free number or address stated above.” A statement to call the credit union collect if an 800 number is not available is permitted. A Credit Card Account Opening Disclosure is used at account opening when you provide the Credit Card Agreement and Credit Card Account Opening Disclosure, along with the actual credit card. Required credit card disclosure includes: • APR for purchase must be listed in at least 16-point type (such as this); all other rates are 10 point (cash advance, balance transfer, introductory). • Any penalty APR must appear in the “account opening disclosure,” along with the explanation of any events that will cause an increase in the rate, plus state how long the increased rate is in effect. • Annual fees, set-up/maintenance fees, along with penalty fees must be disclosed in the account opening table. Open-End Planning Guide — Additional LOANLINER® Documents 5-6 Agreement Signatures Once you have approved the borrower for a credit card, you will want the borrower to agree to the terms of the Credit Card Agreement. You can accomplish this by telling the borrower that use of the credit card will mean acceptance of the terms and conditions of the Agreement. If you use an application with a credit card option, language will be included in the signature section which states: “You understand that use of your credit card will constitute acknowledgement of receipt and agreement to the terms of the credit card agreement and disclosures.” Remember that you will need to provide the Credit Card Agreement and Credit Card Account Opening Disclosures prior to the first transaction under the credit card plan. The Agreement and Disclosure can be sent with the credit card. Security Interest in Shares The Truth in Lending Act states that you cannot take a security interest in the borrower’s shares and deposits to secure a credit card unless the owner of those share and deposit accounts gives you a consensual security interest in the shares and deposits. That means that the owner of the shares and deposits has to understand and agree that they are giving their shares as security and the credit union may take those shares if the borrower is in default on the credit card account. This is different than the statutory lien or right of setoff that the credit union normally has in shares. The LOANLINER® Program makes it easy to obtain this consensual security interest in shares. In the signature box of the LOANLINER® Applications or Simplified Agreement format with credit card option, the following language appears in bold print. “You grant us a security interest in all individual and joint share and/or deposit accounts you have with us now and in the future to secure your credit card account. When you are in default, you authorize us to apply the balance in these accounts to any amounts due. Shares and deposits in an Individual Retirement Account, and any other account that would lose special tax treatment under state or federal law if given as security are not subject to the security interest you have given in your shares and deposits.” Open-End Planning Guide — Additional LOANLINER® Documents 5-7 By signing the signature section, the borrower is giving a consensual security interest in the shares and the Truth in Lending requirements are satisfied. If you are not using a LOANLINER® Application or the Simplified Agreement format with credit card option, you should make sure that you are obtaining the consensual security interest elsewhere if you intend to take shares to secure the credit card account. ATM/Debit Cards Some credit unions offer access to the LOANLINER® Open-End Plan by an ATM/debit card. For example, your members may have an overdraft subaccount under the LOANLINER® Plan. If they can overdraw a share draft account by using an ATM/debit card, which creates an advance from the Open-End Plan to cover the overdraft, that card is considered a “credit card” under Regulation Z. The prohibition against unsolicited credit cards described above also applies to these types of cards if they can be used to access credit (whether direct or indirect). The LOANLINER® documents have been designed to include the request for this type of access so that you meet the Regulation Z requirement. This is accomplished on the application when the member applies for the LOANLINER® Plan, as shown below: Check below to indicate the type of account(s) and type of credit for which you are applying. Married Applicants may apply for a separate account. p LOANLINER® Account/Loan: M Individual M Joint (Including ATM/Debit Card Access to the Account if Available) Open-End Planning Guide — Additional LOANLINER® Documents 5-8 Vouchers and Disbursement Receipts Vouchers and Disbursement Receipts are used once a borrower has established a plan and requests a subsequent advance. This is one of the features of Open-End lending that makes it convenient for both you and the borrower. When the borrower wants another advance he/she can request that advance in person, over the telephone, via the Internet, by fax or any other access method you permit. However, you need to document certain information about each advance. Vouchers Vouchers have been designed to be used with the Basic Option. If your credit union is using the PLUS Option you only need to order Vouchers if you lend in states in which you need to file a signed copy of the Security Agree­ment to perfect your security interest in the collateral. Remember that there are special Vouchers for Florida, Louisiana and Wisconsin. Almost all of the Vouchers come in a format which provides at least one copy for the credit union and one for the borrower. All Vouchers contain the two standard sections listed below. Voucher Section Description Borrower Information This section allows you to collect updated information about the borrower (and joint borrower, if applicable) such as name and address. It also collects the amount requested, purpose of the advance, the date, how he/ she would like the funds disbursed and how he/she would like to repay the advance. Repayment Terms When you approve an advance, you need to notify the borrower of his/her new payment and payment due date. The repayment term section allows you to define the specific repayment terms that apply to the advance. Open-End Planning Guide — Additional LOANLINER® Documents 5-9 Open-End Voucher with Security Agreement Some of the Vouchers contain a Security Agreement which would include the two standard sections described above, plus the two sections below: Voucher Section Description Security Offered This section allows identification of the collateral being offered as security for the advance. If the borrower is offering collateral (property) to secure the advance, the borrower must sign a Security Agreement. The LOANLINER® Program offers a multi-state Security Agreement. The multi-state Security Agreement can be used for borrowers in all states except Louisiana. In Louisiana, the laws about securing and repossessing collateral are different from other states. If you offer secured advances to borrowers in Louisiana you need to order the Voucher with Security Agreement for Louisiana. A Florida Voucher is also available. It uses the multistate Security Agreement language but has been formatted so that the signature area is found only on the Security Agreement. Open-End Planning Guide — Additional LOANLINER® Documents 5-10 Signatures The signature section outlines the methods by which the borrower can agree to the terms and conditions of the advance, as well as the items the borrower is agreeing to when: • Signing the Voucher • Signing the Endorsement language on the back of the check. • Using the funds deposited into his/her share account. Some credit unions require borrowers to sign for each advance. There is no Truth in Lending requirement that the Voucher be signed. In order to obtain an enforceable security interest in the collateral, you also need a signature agreeing to the terms of the Security Agreement. This signature can be obtained either on the Voucher or on the Endorsement language on the back of the advance proceeds check. Of course, if your state requires the filing of a signed Security Agreement to perfect a lien on the collateral, you need to get the Voucher itself signed. Open-End Planning Guide — Additional LOANLINER® Documents 5-11 Subsequent Election for Voluntary Payment Protection Some vouchers allow the borrower to elect payment protection on the advance. This section is important if the borrower originally declined payment protection when the Open-End plan was established or if the borrower waived the coverage on a previous advance. Your specific credit union coverages are imprinted in this section. You must complete the unit cost (ex. $0.XX per $100 borrowed) before giving the Voucher to the borrower. The borrower can then indicate which coverages he/she would like and, if this is a joint account, which borrower is covered by each coverage selected. Once coverage is selected, be sure your system is coded properly to show which coverages apply. If you are using this section of the Voucher to add payment protection coverage on an advance 30 days after the date of the advance, you will need to complete an Evidence of Insurability. Please contact your CUNA Mutual representative for information about this document. Advance Request This document can be used with either a Disbursement Receipt or an Open-End Voucher and Security Agreement. The Advance Request documents the borrower’s request for an advance. Open-End Voucher (Short Version) This form is used to document advances that do not require collateral, such as line of credit, signature, or overdraft protection. Since the borrower is not offering any additional collateral to secure an advance taken under these subaccounts, you do not need to use a Security Agreement. Open-End Planning Guide — Additional LOANLINER® Documents 5-12 Disbursement Receipt (Used with PLUS Option Only) The Disbursement Receipt can be used for both secured and unsecured advances. It contains an abbreviated Borrower Information section, and the Repayment Terms and Security Offered sections. The Receipt also has special language that reminds the borrower of his/her obligations under the PLUS Option Credit Agreement. After you have approved the advance, you can either mail a check to the borrower or deposit funds directly into the borrower’s share or share draft account. The Disbursement Receipt serves as a paper trail and provides a way to document the collateral description for secured advances. The Receipt should be given to the borrower so that he/she knows the payment terms for the advance. Pre-Approved Payment Order This document allows the credit union to pre-approve a borrower for an advance under an established Open-End Plan. It has been designed to help you compete with dealer financing and other indirect lending programs. You can pre-approve the borrower up to a certain dollar amount. After being approved, the borrower takes the Pre-Approved Payment Order to a car dealer. The borrower negotiates the best deal, and presents the PreApproved Payment Order to the dealer as payment for the car. The dealer is responsible for following all the instructions on the payment order, such as presenting the credit union with a copy of the Purchase Agreement and recording a lien in favor of the credit union. If the dealer complies with all the requirements of the payment order, then the credit union pays the order. The dealer must present the order directly to the credit union for payment. It cannot be deposited in the dealer’s financial institution. This multi-part document consists of the following: • Pre-Approved Payment Order Agreement (this supplements the LOANLINER® Credit Agreement) • Security Agreement • Instructions to the borrower and to the dealer • Pre-Approved Payment Order (non-negotiable) The Pre-Approved Payment Order can be used with any of the Plan Options and Credit Agreement formats. Because it includes the multi-state Security Agreement, it cannot be used in Wisconsin or Louisiana. A special Pre-Approved Payment Order has been created for use in Louisiana. Open-End Planning Guide — Additional LOANLINER® Documents 5-13 Miscellaneous Documents You have now chosen all the documents that are necessary to establish an Open-End Plan for a member and to document advances. In addition to the base documents, the LOANLINER® Program also offers many miscellaneous documents that are used in certain situations. You should consider ordering these documents as well. A brief explanation of each document follows. Adverse Action The Equal Credit Opportunity Act and Regulation B require that when you deny credit you send an Adverse Action Notice to the applicant. The notice must include a statement of the reasons why you denied the credit. If you rely on information in a consumer (credit) report to deny credit or other credit union services, the Fair Credit Reporting Act requires that you give notice to the applicant. The LOANLINER® Adverse Action combines the notices required by the Equal Credit Opportunity Act and the Fair Credit Reporting Act in one (1) document. Guaranty Agreement The Guaranty Agreement can be used for both Open-End and Closed-End lending. It is used as the written legal contract between the credit union and the guarantor. A guarantor does not sign the Credit Agreement or the note but rather signs a separate document, the Guaranty Agreement. A guarantor is defined as “A person who agrees to pay the debt upon default of the member.” A guarantor is considered secondarily liable on the debt and does not receive benefit from or use of the loan proceeds. The Guaranty Agreement is designed to comply with the laws of most states. However, it is your responsibility to have your attorney review the Guaranty Agreement for compliance with state law. If the document cannot be used in a particular state, you may want to have your attorney draft a document or obtain one locally. The Guaranty Agreement is offered either as a separate document or combined with the Notice to Co-Signer described below. Only federally chartered credit unions can use the combined document. Open-End Planning Guide — Additional LOANLINER® Documents 5-14 Notice to Co-Signer Both state and federally chartered credit unions are subject to the Notice to Co-Signer regulation. The Federal Trade Commission (FTC) regulations apply to state chartered credit unions. The National Credit Union Administration (NCUA) regulations apply to federally chartered credit unions. The notice language is the same for both state and federally chartered credit unions. The difference is that the notice for federally chartered credit unions does not have to be a separate document. We have included it with the Guaranty Agreement for those federally chartered credit unions that would like to use a combined document. Some states have laws that are similar to the federal law. If you have borrowers in those states you will want to order the notices that are specially designed for those states. Keep in mind that this notice is not the document that obligates the guarantor. You still need to use a Guaranty Agreement to obligate the guarantor. Subsequent Action This is a multi-use document that can be used for both Open-End and Closed-End lending. It is used to document actions that occur after the Plan is opened or the loan is made. This document allows the credit union or the borrower to: • Add a borrower to an Open-End plan. • Release a co-borrower or guarantor. • Release the credit union’s security interest in the collateral. • Extend payments for an advance or Closed-End loan. • Subsequently elect payment protection insurance. • Waive a previously made insurance election. A signature area at the bottom of the document can be used to obtain the necessary borrower and credit union signatures for any of the above actions. Endorsement Language Endorsement language is used on the back of the proceeds check in lieu of a signature on the actual documents. The borrower signs under the Endorsement language agreeing to the terms of the Credit Agreement, Security Agreement, repayment terms contained in the Voucher/ Disbursement Receipt and if applicable, the borrower’s payment protection election. Open-End Planning Guide — Additional LOANLINER® Documents 5-15 Endorsement language is used to expedite transactions completed by phone or mail. If the borrower is in the credit union, he/she can sign a Voucher. It is your business decision whether you want to use Endorsement language rather than getting a signature on the Voucher. Please consult with your attorney or the individual doing your collection work for their advice on use of the Endorsement language. Security Agreement A separate Security Agreement is offered as part of the Plan. You can use the separate Security Agreement when you are substituting collateral for an advance. You can also use it when you need to obtain the signature of a collateral owner who is not a borrower. Permanent Security Agreement PLUS As mentioned before, the PLUS Option contains a combined Credit and Security Agreement, which is why some credit unions currently using the Basic Option will want to switch to the PLUS Option. If you want borrowers with existing Open-End Plans to have the benefit of the PLUS Option, you can use the Permanent Security Agreement PLUS. When the borrower requests a secured advance, have him/her sign the Permanent Security Agreement PLUS which will apply to all future secured advances under the Plan. From then on, you only need the Disbursement Receipt to document any additional advances. Document Folder This folder can be used by your credit union to package any lending and member service documents which your member is required to keep. For example, when a borrower opens a LOANLINER® Plan, you can present the Borrower’s Copy of the Credit Agreement, Addendum, and Voucher or Disbursement Receipt for the first advance in the folder. The folder creates a professional image for your credit union by providing a way to package documents. It is especially helpful if you do remote lending in which you mail documents to your members, because the folder allows you to neatly combine the documents you are mailing to the member. You can give the folder a personal touch by having your credit union’s name, logo and address imprinted on the front of the folder. The back can be imprinted with your credit union’s services, hours, locations or other information. There is room inside the folder for the credit union staff to insert a business card. Open-End Planning Guide — Additional LOANLINER® Documents 5-16 SECTION 6 HOW TO BUILD AN ADDENDUM Building an Addendum For open-end plans that are not home-secured, Regulation Z requires a table with a summary of key terms, rates and features to be provided before the account is opened. The “table” is referred to as the Account Opening Disclosure table and will be incorporated into the LOANLINER Addendum. The Addendum’s design is maintained by placing subaccount names, approximate terms and the daily periodic rate in a column format outside of the Account Opening Disclosure table. Since the Account Opening Disclosure table is integrated into the Addendum and given at the time of plan opening, the Addendum will be the initial disclosure of your Plans subaccounts, rates and features. The Regulation is specific about which items are required to be in the table and which items must fall below the table. The Addendum Tool is set up to follow these “in and out” of table rules. As an example for variable rates, information particular to disclosing the fact that the rate may vary along with identifying the Index or Formula used in setting the rate must be disclosed in the table, whereas the following variable rate items must appear below the table: • The fact that the annual percentage rate may increase (Example: The APR may increase.) • How rate is determined, including the margin (Example: Your rate is determined on prime rate plus 2%.) • Circumstances under which the rate may increase (Example: The rate may increase based on a change in the index as of January 20.) • Frequency with which rate may increase (Example: The rate may increase quarterly.) • Any limitations on the amount the rate may change (Example: Caps.) • Effects of the increase (Example: More payments or higher payments.) Regulation Z also addresses finance charges and other charges. All charges imposed as part of an open-end plan must be disclosed before they are imposed, regardless of whether they have been considered “finance charges” or “other charges”. Open-End Planning Guide — How to Build an Addendum 6-1 The categories of “finance charges” and “other charges” have been replaced with a single category of all “charges that are imposed as part of the open-end credit plan.” Regulation Z identifies those charges that would be considered to be imposed as part of the plan as: a. Finance charges (i.e., interest, transaction fees etc.) b. Charges resulting from failure to use the plan as agreed (i.e., late payment fees, over the limit fees, fee for returned nonpayment), except for amounts in collection after default, attorney’s fees and post judgment interest rates permitted by law c. Taxes by state or other governmental body (i.e., doc stamp tax on cash advance) (Florida document stamps are accommodated on our voucher.) d. Charge for payment or nonpayment which affect the consumer’s access to the plan, (i.e. fee for using the card at creditor’s ATM to obtain a cash advance, fees to obtain additional cards, replacement for lost/stolen card, fee to expedite delivery of cards, application and membership fees, annual or other participation fees in 226.4 (c)(4)), the duration of the plan, the amount of credit extended, (i.e. fees for increasing the credit limit whether consumer or creditor request), the timing or method of billing or payment (i.e., fees to pay by phone or Internet) (Example: If you don’t pay your annual or access fee then the plan would terminate.) e. Charges for terminating a plan f. Charges for voluntary credit insurance, debt cancellation or debt suspension Charges that are not imposed as part of the plan Do not disclose: • Charges imposed on a cardholder by an institution other than the card issuer for the use of the other institution’s ATM in a shared or interchange system (Example: An ATM fee charged when getting cash by the institution that owns the ATM machine.) • Charge for a package of services that include an open-end credit feature, if fee is required whether or not the open-end credit feature is included and the non-credit services are not merely incidental to the credit feature (Example: Fee for open-end plan and safety deposit box together.) • Charges under 226.4(e) (Example: Lien filing fee for security interest.) Open-End Planning Guide — How to Build an Addendum 6-2 This document along with the LOANLINER Addendum Tool will help you prepare your Addendum. The instructions below will assist you with collecting information for your Addendum and are setup to walk you through the Addendum Tool screens. Installation - Under Construction Language that will automatically appear on your Addendum The following language fulfills regulation requirements and will automatically appear as specified below on your Addendum. a.Tying the Addendum to the Credit Agreement Language that makes it clear that the Addendum is part of the Credit Agreement will appear at the top of your Addendum. The language states: “This addendum is incorporated into and becomes part of your LOANLINER® Credit Agreement. Please keep this attached to your LOANLINER® Credit Agreement.” b. Paying Interest Language that discloses the fact that interest is charged from the transaction date will appear in the Account Opening Disclosure table. The language states: “Paying Interest: You will be charged interest from the transaction date.” c. Balance Computation Method Language that explains what balance computation method is used will appear below the Account Opening Disclosure table. The language states: “How We Will Calculate Your Balance: We will use a balance computation method called daily balance. See your account agreement for more details.“ e sure to check with your Data Processor to confirm that the B balance computation method being used corresponds with the “Daily Balance” method that is disclosed on the LOANLINER Credit Agreement. If your balance computation method is different than what is disclosed on the LOANLINER Credit Agreement, you will need to include a paragraph below the Account Opening Table that amends the Finance Charge paragraph of the Credit Agreement. You will also need to adjust the “How We Will Calculate Your Balance” statement and change the method to one of the approved methods per Regulation Z. The regulation states: “The following methods may be described by name. Methods that differ Open-End Planning Guide — How to Build an Addendum 6-3 due to variations such as the allocation of payments, whether the finance charge begins to accrue on the transaction date or the date of posting the transaction, the existence or length of a grace period, and whether the balance is adjusted by charges such as late payment fees, annual fees and unpaid finance charges do no constitute separate balance computation methods.” The acceptable methods are: Average daily balance, Adjusted balance, Previous balance and Daily balance. d. Billing Rights Language applicable to the Billing Rights is found below the Account Opening Disclosure table. The language states: “Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your account agreement.” Start of Addendum Screen Addendum Date Enter the date of the Addendum in a mm/dd/yyyy format. The next several questions are asked so that we can program the Addendum correctly. a. Do you charge annual or set-up maintenance fees? Select M Yes or M No Examples of annual or setup maintenance fees would be a participation fee, dormancy fee, etc. b. Do you charge transaction fees? Select M Yes or M No Examples of transaction fees would be a processing fee or an advance fee, etc. c. Do you charge penalty fees? Select M Yes or M No Examples of penalty fees would be late charges, over the credit limit or returned payment fees, etc. d.Do you base your rates on approximate terms? Select M Yes or M No Note: If your only subaccount is a Line of Credit (LOC) or Overdraft Protection, answer No, since you would not use approximate terms. e. Do you offer Share Secured subaccounts? M Yes or M No f. Do you offer Certificate Secured subacccounts? M Yes or M No Open-End Planning Guide — How to Build an Addendum 6-4 Add Share Secured or Certificate Secured subaccount screen: Using the Screen •Enter the APR and daily periodic rate. •For Share Secured, answer: Does the interest rate change on the existing balance if the dividend rate being paid on the share secured account changes? M Yes or M No •For Certificate Secured, answer: Can the length of the advance be greater than the term of the certificate? M Yes or M No The answer to these questions allows the tool to assess if you use a variable rate for your share secured or certificate secured subaccount. If you have a Share Secured or Certificate Secured subaccount that is variable, the following information will need to be collected: • Enter the Margin as a percentage. • Enter the APR – never less than (floor rate) as a percentage. • Enter the APR – never greater than (ceiling rate) as a percentage. •Select how the Effect of the increase will affect the payments – either more payments or higher payments. Example of Variable Rate Language for Share Secured and Certificate Secured subaccounts: Share Secured: The Annual Percentage Rate (APR) for Shared secured advances will be the dividend rate being paid on the Shares (Index) on the date of the advance plus 3.0%. The rates are subject to change on the day the dividend rate being paid on Shares changes. The APR will never be less than 1%. The APR will never be greater than 6%. Any increase in the APR will result in more payments of the same amount. Certificate Secured: The Annual Percentage Rate (APR) for Certificate secured advances will be the dividend rate being paid on the Certificate (Index) offered as security plus 2%. The Certificate must be renewed until the advance is completely paid. When the Certificate is renewed, the APR will change to reflect the new dividend rate. The APR will never be less than 1%. The APR will never be greater than 7%. Any increase in the APR will result in more payments of the same amount until what you owe is repaid. Open-End Planning Guide — How to Build an Addendum 6-5 Add Subaccount Detail Screen Subaccounts/Features of Your Plan In order to create a compliant Addendum, you will need to list each subaccount that your Credit Union offers. The regulation states to disclose the type of transactions to which the rate applies, if different rates apply to different types of transactions, so each subaccount needs to be disclosed. The Addendum tool is set up to collect the subaccount name, term, APR, and daily periodic rate for each subaccount. Using the Screen You will enter information per subaccount and then click the button at the bottom of the screen that states “Click here to save subaccount information to document”. Clicking the button will save the information that was just entered on the Add Subaccount Detail screen. Continue this process until you are finished adding all of your subaccounts. Once you have finished adding all subaccounts, you can select the button that is on the top middle of the “Add Subaccount Details screen” entitled “Click here if you have added all your subaccounts”. Due to the new Regulation Z rules – the APR and other information will appear on your Addendum within a table that is set out in a bold outline. This bold area is called the Account Opening Disclosure table. The regulation also states that each subaccount that has a variable rate needs to display additional information which will be collected by the tool at the subaccount level. Where appropriate, language for the variable rate will appear in the Annual Percentage Rate column and additional variable rate language will appear below the table as required by Regulation Z. For each periodic rate that may be used to calculate interest, the rate expressed as a periodic rate and a corresponding Annual Percentage Rate, is required to be disclosed. Also the disclosure should reflect the credit terms to which the parties are legally bound at the time of giving the disclosures. In the past, many credit unions only had one (1) Addendum (master) and they used it for all Open-End Planning Guide — How to Build an Addendum 6-6 members. It contained an effective date and a date of a previous Addendum which was the “master” Addendum on hand at the credit union. With the new regulation, you may be able to have a “master” Addendum(s) if: a.your credit union offers one (1) rate per subaccount (and per term, if applicable) with the same fees and features to all members, or b.your credit union uses risk-based lending and creates an Addendum for each tier, but within each tier, the rates, fees and features never vary for any members within that tier. Then you would have the concept of the “master” Addendum, but in this case you would have a “’master” Addendum for each tier. Be sure to address each question as it applies to the particular subaccount you are working on. The following information will need to be provided for each subaccount: a. Is the subaccount rate variable? Select either M Yes or M No If you select No, after you have entered the subaccount name, term, and APR, you can choose to add another Subaccount by clicking on the “Click here to save subaccount information to document” box at the bottom of the screen. If you select Yes, in addition to the subaccount name, term, and APR, an additional variable rate information screen will automatically appear so you can enter specifics about the variable rate features. A Variable rate feature for open-end credit is an interest rate which follows an index or formula. If the interest rate increases but does not follow an index or formula, it is not a variable rate for openend credit, and a change in terms notice must be given whenever the rate increases. However, a true variable rate does not require a change in terms notice when the interest rate changes, because the borrower can determine the current rate at each change date because of the index or formula that was used for the variable rate. b. Subaccount Name Enter the name of the Subaccount The name of the subaccounts should reflect the type of collateral being offered, such as “New Vehicle”, “Motorcycles”, or “Share Secured”. Some subaccounts are not secured by specific collateral and are referred to as “Line of Credit” or “Overdraft Protection”. Open-End Planning Guide — How to Build an Addendum 6-7 Review the following rules that apply to subaccounts on a LOANLINER® Plan: • Do not use the word “unsecured.” The plan is always secured by the borrower’s shares and deposits and, therefore, it is never considered to be “unsecured”. • Mobile homes cannot be done under the plan because any open-end plan secured by a dwelling is considered to be a home equity plan for which additional disclosures must be given. Therefore, no mobile home subaccount should appear on the Addendum. • Credit cards are not part of the LOANLINER® Plan because they usually have different disclosure and contract terms. Therefore, a subaccount such as “VISA®” or “MasterCard®” should not be included on the Addendum. The borrower can elect a credit card and agree to the terms of the credit card agreement on several of our LOANLINER applications, but you would still be responsible to provide the member with the Credit Card Agreement and Credit Card Account Opening disclosure. • The term “refinancing” should not be used as a subaccount name. Advances on an open-end plan are not “refinanced”, advances continue to accrue interest until repaid. • Home improvement subaccounts are only allowed if they are NOT secured by the borrower’s dwelling. If it is secured by a dwelling, it is considered to be a home equity transaction and home equity disclosures must be provided. • Guaranteed government student loans cannot be added as a subaccount under your Plan. If your student loan offering is not guaranteed, you may add it as a subaccount. • Individual Retirement Account (IRA) should not be added as a subaccount. If the IRA is given as security, the borrower will lose the tax-exempt status. • Business and Agricultural subaccounts are not allowed because Regulation Z does not apply to either business or agricultural plans. c. Approximate Term The approximate term is the period of time over which you expect the balance of the subaccount to be repaid. Formatting Be sure to enter the approximate terms as you want them to appear on the generated WORD documents. As an example, if you enter Open-End Planning Guide — How to Build an Addendum 6-8 approximate term as 12, 12 is all that will appear. If you want it to be 12 Months, then you must enter 12 and the word Months. An approximate term is used to distinguish between subaccounts when the annual percentage rate varies based on the length of the term. Enter the approximate terms of each subaccount that you offer. Note: Lines of Credit (LOC) and Overdraft Protection subaccounts do no use approximate terms. An example would be: Subaccount Approx. Term New Vehicle New Vehicle New Vehicle 36 months 48 months 60 months d. Annual Percentage Rate Enter an Annual Percentage Rate (APR) for each approximate term within a subaccount. Formatting Per Regulation Z, the annual percentage rate has to be in 10 point bold type. A default has been set for this point size and format in our Addendum Tool, however it cannot be protected so be diligent when editing your Addendum. For variable rate, in most cases, the current interest rate is determined by taking the current index value and adding a margin. Regulation Z has a variable rate accuracy standard for the APR, which states that a rate is accurate if it is a rate as of a specified date within the last 30 days before the disclosures are provided. The regulation has eliminated the requirement to disclose ‘‘annual percentage rate’’ and ‘‘finance charge’’ more conspicuously than any other required disclosures when disclosed with a corresponding amount or percentage rate. e. Daily Periodic Rate The Daily Periodic Rate is the annual percentage rate disclosed as a daily rate and will be calculated for each approximate term by the tool. f. Variable Rate Information (only appears on screen if you have selected Variable Rate as your rate type) Open-End Planning Guide — How to Build an Addendum 6-9 Regulation Z requires disclosure of the fact that the rate may vary. When you select a Variable Rate type, language will be added to your Addendum that discloses this fact along with the Index or Formula used for the Variable Rate plan. This language will appear in the Annual Percentage Rate column located on your Addendum in the Account Opening table. It will state: This APR will vary with the market, based on the Prime Rate. Additional information from the Variable Rate Information section will be collected and will appear below the Account Opening Disclosure table in a paragraph format. It will include the subaccount name along with the Variable Rate disclosures that are required by Regulation Z as outlined below: • Enter the Index or Formula name. • Select a Rounding Factor, if applicable. • Enter the Margin as a percentage. • Select the Date used to determine the Index Value. • Select an Interest Rate Change Cycle. • Select a Minimum Interest Rate, if applicable. • Select an Interest Rate Maximum. • Select a Periodic Cap, if applicable. • Select how the Effect of the increase will affect the payments – either more payments or higher payments. Example of Variable Rate Language: The Annual Percentage Rate for the new and existing balances will be the highest published Wall Street Journal Prime Rate, plus a margin of 6.0%. We will use the most recent index value available to use as of the last business day of the month preceding the date of any annual percentage rate adjustment. The APR will change on the first day of each month to reflect any change in the Index. The APR will never be less than 2% below the initial rate. The APR will never be greater then 6% above the initial rate or the maximum allowed by law, whichever is less. Any increase in the APR will result in more payments of the same amount until what you owe is repaid. Open-End Planning Guide — How to Build an Addendum 6-10 Fees Fees are divided into three (3) sections to collect information on Annual or Set-up and Maintenance fees, Transaction fees and Penalty fees. As mentioned previously, the Regulation states that all charges imposed as part of an open-end plan be disclosed before they are imposed. All charges are considered as “charges that are imposed as part of the openend credit plan”. Each fee section requires similar information as follows: Annual or Set-up and Maintenance Fee Screen The first section for fee entry will be the Set-up and Maintenance fees (Annual fee, Participation fee, Dormancy fee, Inactivity fee, etc.). Formatting If your credit union only charges an Annual fee and no other Set-up and Maintenance fees, then you will need to edit the title and change it on the generated WORD Addendum to “Annual Fees.” The following information will need to be collected: • Enter name of Set-up and Maintenance fee. • Select to disclose fee as dollar amount or percent. • Enter fee amount. • If disclosing as percent, enter description of the percentage as of a certain portion/item. •Provide circumstance under which the fee is imposed and include the amount of the charge or how the charge is determined. • Enter yes or no if this fee is a one-time fee. If the fee is not a one time fee, then required additional information will be collected. • Enter the frequency that the fee is imposed (enter exactly as you wish it to appear on the Addendum). • Enter the annualized amount of the fee . Using the Screen At the bottom center of the screen, click on the “Click here to save fee information to document” button to continue to add fees. Open-End Planning Guide — How to Build an Addendum 6-11 When you have entered your last Set-up and Maintenance fee, select the “Click here if you have added all of your fees for this category” button that is located at the top center of your screen. You will be taken to the Transaction fees (processing fee, request fee, etc.) screen where you can enter information about your Transaction fees. Once you have finished entering Transaction fees, select the “Click here if you have added all of your fees for this category” button and you will be taken to the Penalty fees (late charge, over-the-credit-limit fee, returned check fee, etc.) screen where you can enter information about your Penalty fees. After you have finished all three (3) fee sections, select the “Click here if you have added all of your fees for this category” button and you will be taken to the Collection cost area of the Addendum Tool. Domicile State Screen Collection costs are not a required Truth in Lending disclosure however, they must be included in the contract in order to collect them. Therefore, if you want to impose collection costs when your borrower does not pay, they must be included on the Addendum, outside of the Account Opening Disclosure table. The Addendum tool prompts you to input your Domicile state so that collection cost language appears on your Addendum. The tool is setup to include the state names in the lead of the collection cost language. Signature Screen The signature section is optional. When the borrower signs agreeing to the terms of the Credit Agreement, he or she is also signing and agreeing to the terms of the Addendum, which is part of the agreement and incorporated by reference. However, some credit unions want their borrowers to sign the Addendum, therefore, you can choose whether to include signature lines on your Addendum. Logo Information Screen Credit union address information including a logo graphic can be inserted into the final WORD generated Addendum. The Addendum tool contains a series of questions that will collect information pertaining to your logo and credit union address information. If you have a logo that includes both the graphic and address information, the Addendum Tool will remind you to insert your logo Open-End Planning Guide — How to Build an Addendum 6-12 once you have generated your Addendum in a WORD format. (It is best to use a logo that is formatted as a .tif file because the image is already compressed.) If you do not have a graphic logo or if you have a graphic logo but it does not contain credit union information, you will be able to enter your credit union address information and it will appear at the top of your Addendum. Be sure to enter the information exactly as you want it to appear. Generating Your Addendum When you have finished with the Logo Information Screen the WORD “Save as” screen will appear. Enter the file name for your Addendum here and hit “Save” Enter the name of your document on the File Name Field. Hit the “Save” button to save the file. Make sure that you select a name that is meaningful to your plan or credit union. If you have tiered rates, you may want to name the Addendum the Tier name that you use. A+ Addendum, A Addendum, B Addendum as examples. Once you reviewed your saved Addendum, you could decided to open the Addendum and “Save As” naming it the 2nd tier that you offer. Then you could open the file and edit the 2nd Tier document and make rate, fee Open-End Planning Guide — How to Build an Addendum 6-13 or subaccount adjustments particular to that tier. Once you have saved the B Addendum, you could continue with “Save As” to create your next tiered Addendum (i.e., C Addendum and so forth). If your Addendum goes beyond two pages, edit the footer and input “SEE NEXT PAGE for more important information about your Account” to the additional pages. Frequently Asked Questions 1. Is a minimum payment required to be disclosed on the Addendum? It is uncommon to have an overall minimum payment for a multifeatured open-end plan. Your member’s payment is disclosed on the Voucher or Disbursement Receipt at the time of each advance. However, for Overdraft Protection or Line of Credit Subaccounts, you may include minimum payment language on the Addendum; you will need to add your minimum payment language to the generated WORD Addendum. Be sure to include the subaccount name in the minimum payment paragraph so that your members can identify which subaccount the minimum payment applies. This language should be placed below the table. Line of Credit or Overdraft Protection Minimum Payment Examples: 1) For the name of subaccount, the minimum payment will be 3% of the outstanding balance or $50.00, whichever is greater. Advances will be granted in increments of $100.00. 2) For the name of subaccount, the minimum payment will be $3.00 per $100.00 of the outstanding balance or $50.00, whichever is greater. Advances will be granted in increments of $100.00. 3) For the name of subaccount, your minimum payment will never be less than $25.00. 2. Can a minimum advance amount be charged for an overdraft? Yes, if you offer an overdraft subaccount, you may impose a minimum advance amount for the overdraft. For example, you may transfer funds in $50.00 increments, even if the overdraft is only $10.00. You will need to add language to your generated WORD Addendum to disclose any limitations on transfer increments for your Overdraft Subaccounts. This language should be placed below the table. Open-End Planning Guide — How to Build an Addendum 6-14 3. How do I disclose Discounted/Introductory rates? You will need to add information to your WORD generated Addendum if you offer Discounted Rate/Introductory Rates. For those subaccounts where you offer a Discounted Rate/ Introductory Rate, you will need to disclose information in the APR column and below the Account Opening Disclosure table. Use a 10 point font for the introductory language and 10 point bold font for the introductory rate in the APR column. Step 1 Information to be disclosed in the APR column for each subaccount that offers a Discounted Rate/Introductory Rate: i. State the introductory rate (10 point bold) ii. State how long the introductory rate is in effect iii. State the new rate after the introductory rate expires As an example: “6.99% Introductory APR for 12 months. After that, your APR will be 7.5%”. Step 2 Information to be disclosed below the table for each subaccount that offers a Discounted Rate/Introductory Rate: i. State the circumstances under which the introductory rate may be revoked ii. State the rate that will apply if the introductory rate is revoked Be sure to identify the subaccount(s) that is affected. As an example: “Loss of Introductory Rate: Your introductory rate for New Boat purchase may be revoked if your payment is late one (1) time. After your introductory rate expires, your APR will be 10.00%”. 4. How should Preferred rates be handled for open-end lending? Some credit unions offer a “preferred” rate on one (1) or more subaccounts. Preferred rates are also known as patronage discounts or relationship pricing. The credit union reduces the Annual Percentage Rate by a certain percentage if the borrower has one (1) or more services with the credit union. Open-End Planning Guide — How to Build an Addendum 6-15 Regulation Z Section 226.5(c) indicates that the disclosures should reflect the legal obligation - the credit terms to which the parties are legally bound, which are the non-preferred rates therefore: •disclose the legal obligation on the Addendum in the Account Opening Disclosure Table; •information can be provided to the borrower orally pertaining to how preferred rates function at your credit union; •disclose the preferred rate on the Voucher or Disbursement Receipt; •add preferred rates to your credit union’s policies and procedures and; •in the event that the member no longer qualifies for the preferred rate, if you raise the rate to the legal obligation, you will need to provide a change in terms notice. NOTE: Do not add verbiage to Addendum about preferred rates, it would cause Regulation Z advertising rule disclosures. Open-End Planning Guide — How to Build an Addendum 6-16 This bold boxed section is the Account Opening Disclosure table. e l p m a S Fees must be further disclosed below the table per the regulation. If the document is more than one page, each page must indicate this statement Open-End Planning Guide — How to Build an Addendum 6-17 The blank/empty lines under the column Annual Percentage Rate (APR) in the Account Opening Disclosure table matches the model provided by the regulation – do not remove. This is a Variable Rate. There is a matching Variable Rate paragraph for each subaccount below the table per the regulation. Fees must be further disclosed below the table per the regulation. These items are part of the Account Opening Disclosure and must be displayed directly beneath the table. e l p m a S Open-End Planning Guide — How to Build an Addendum 6-18 SECTION 7 ORDERING INFORMATION FOR OPEN-END LOANLINER® DOCUMENTS CUNA Mutual’s LOANLINER® Department is at your service to save you time and money by offering you quality documents that have been carefully researched, reviewed and developed especially for credit unions in accordance with Federal Truth in Lending Regulations. Included in the Order Form is a current LOANLINER® document catalog which provides a document number and brief description of each document. DOCUMENT PRICES – Prices for the documents are available upon request. Please contact your CUNA Mutual Representative or call us at: 1-800-356-5012. How to place an order: 1. Complete the Credit Agreement Analysis found on pages 7-3 and 7-4. BE SURE TO KEEP A COPY FOR YOUR RECORDS along with the Planning Guide. 2. Complete the Order Form that starts on page 7-5. 3. Additional items to send: • Order Form • Any special information you wish to have imprinted on your documents • Camera ready copy of your logo (if you wish to have it imprinted on your documents) You can place your order by doing one of the following: • By Mail – You must mail your order if you are including a special credit union logo for imprinting on your documents. We need a glossy copy (also referred to as a “camera-ready” copy) of your logo to scan into our system for imprinting. • By FAX – You may FAX your order to us if you are not using a special logo for imprinting. The LOANLINER® Department FAX number is (608) 233-4535. • By Phone – You may call in your document order if you are not ordering imprinted documents for the first time, making any imprint changes on documents you currently order, or sending us your camera-ready logo. Open-End Planning Guide — Ordering Information 7-1 How to Complete the Order Form: Your order is important to us. Individual attention is given to all requests to ensure you receive the best possible service. To provide this service we need your help. When calling or sending an order, please be sure to include: 1. Contract number – By providing this number your order can be processed easier and faster. 2. Data Processor Information – If you are ordering electronic documents, this information is required to process your order. 3. Ship To Address – Street address where documents are to be sent. (Postal regulations will not allow us to ship UPS to a post office box.) 4. Bill To Address – Please provide your billing address if it is different from your shipping address. 5. Logo Type – Indicate logo type. 6. Lending States – Indicate all states your credit union lends in. 7. Choose an Application – Indicate whether you would like the Express Application or Full Application, use the catalog to assist you with all available choices. When ordering Applications, you may choose to have standard instructions or credit union specific instructions imprinted. Also, if you select an Application with credit card, please select a cost disclosure method. 8. Credit Agreement – Indicate if you are ordering a Basic or PLUS Credit Agreement, completing all columns on the line. The Packaged format has free-form space available for imprinted language. If you choose a Credit Agreement with credit card, indicate a cost disclosure method. 9. Voucher – Indicate which Voucher you are ordering – Basic/PLUS or Disbursement Receipt, completing all columns on the line. 10.Miscellaneous Documents – Indicate any miscellaneous documents you need to order to support your lending program. Once you have completed the Order Form, send it to the LOANLINER® Department by fax or mail. Open-End Planning Guide — Ordering Information 7-2 Credit Agreement Analysis INSTRUCTIONS Completing the document will help you make your Credit Agreement format and Plan Option choices. After you complete this document, use this information to place your order and complete the Specifications Worksheet. QUESTIONS If you have any questions about making your choices, call the LOANLINER® Department (1-800-356-5012) or your CUNA Mutual representative (1-800-356-2644) for assistance. SECTION 1 – Choose a Plan Option A. Answer all of the questions below by checking either Yes or No. 1. 2. Do you do secured lending under an Open-End Plan? MYes Go to question #2. MNoYou should use the Basic Option because the PLUS Option is designed for those credit unions that do secured and unsecured lending under an Open-End Plan. Check the Basic Option in Part B below and go to Section 2 to choose a Credit Agreement. Does your state require a signed copy of the Security Agreement when you file a lien? MYesYou should use the Basic Option because with the PLUS Option, the Security Agreement is signed at the time the Plan is opened versus at each advance. Check the Basic Option in Part B below and go to Section 2 to choose a Credit Agreement. MNo Go to question #3. 3.Your choice of the Basic or PLUS Option is now based solely on your business and operational needs. The main consideration is do you want the Security Agreement and Credit Agreement combined in order to get the borrower’s agreement to both at the time the Plan is established, thus allowing you to deposit advances into the borrower’s account without additional signatures? MYesYou should use the PLUS Option, under which you can deposit advances into the borrower’s account without additional signatures. Check the PLUS Option in Part B below and then go to Section 2 to choose a Credit Agreement. MNoConsider the Basic Option. Check the Basic Option in Part B below and go to Section 2 to choose a Credit Agreement. B. Check the Plan Option that you have chosen. M Basic M PLUS 06-27860-PG1 (0609) Open-End Planning Guide — Ordering Information 7-3 SECTION 2 – Choose a Credit Agreement Format A. Answer all of the questions below by checking either Yes or No. ___1.Is it important to have a separate application, such as an electronically-generated application, loans by phone system, Internet application, etc.? MYesConsider the Flexible or Packaged Agreement format. Both allow the flexibility to use whatever application method you like. MNoConsider the Simplified Agreement format, which has an integrated Express Application. ___2.Is it important to have the borrower apply for the Plan and agree to its terms and conditions in one step, thus streamlining your process for opening accounts? MYesConsider the Simplified Agreement format, in which the application process and Plan MNoOrder either the Flexible or Packaged Agreement format, in which the application process MYesOrder the Packaged Agreement format, in which the Credit Union Copy and Borrower Copy are attached in a 3-part, carbonless document. MNoOrder the Simplified or Flexible Agreement format, in which the Credit Union Copy and Borrower Copy are separate pieces. ___4.For documentation purposes, is it important to have both the credit union and borrower receive an exact duplicate of all signatures, the Credit Agreement, and the Credit Insurance Application? occurs separately from the Plan agreement process. ___3.Is it important to have the simplicity of one (1) document in which both the Credit Union Copy and Borrower Copy of the Plan documents are included? opening occur at the same time on one document. MYesOrder the Packaged Agreement format, in which the credit union and borrower have exact duplicates of the Plan signatures, insurance election, and Credit Agreement. MNoOrder the Simplified or Flexible Agreement format, in which only the credit union retains copies of the borrower’s signature and insurance election. ___5.Is it important to have the ability to order the Credit Union Copy and Borrower Copy of the Plan documents separately so that you can, for example, electronically generate one of the pieces or give a copy to each borrower under a joint open-end Plan? MYesConsider the Simplified or Flexible Agreement format, in which both the Credit Union Copy and Borrower Copy are separate. MNoConsider the Packaged Agreement format, in which the Credit Union Copy and Borrower Copy are integrated into one 3-part carbonless document. B.Rank the features discussed in the questions above in order of importance, from most to least important, by numbering the questions from 1 to 5 on the lines provided. The most important feature should be ranked #1 and the least important should be ranked #5. C. Check the Agreement format that you have chosen. M Simplified Agreement M Flexible Agreement M Packaged Agreement Open-End Planning Guide — Ordering Information 7-4 Basic/PLUS Consumer Open-End Lending Order Form M Place my order. M Provide me with a price quote. Contact Information Data Processor Information CONTRACT NUMBER DP NAME CREDIT UNION LOAN ORIGINATION SYSTEM CONTACT NAME FILE FORMAT NEEDED TELEPHONE CONTACT FAX NUMBER PHONE E-MAIL E-MAIL Ship to Address M Check Box if Name and/or Address Change Bill to Address M Check Box if Name and/or Address Change ATTN ATTN CREDIT UNION CREDIT UNION STREET ADDRESS STREET ADDRESS CITY/STATE/ZIP CITY/STATE/ZIP Select a credit union logo to be included on your document(s): Credit Union logo type (Please select one) Logo file format MG raphic only MG raphic and address Street Address:_________________________________________ City/State/Zip:__________________________________________ Toll Free Number:_______________________________________ Telephone:_____________________________________________ Fax Number:___________________________________________ Web Address:__________________________________________ MM y logo is already on file with CUNA Mutual MM y logo is included (We can accept a .tif, .eps, or Group camera-ready art for scanning. The quality of any other method cannot be guaranteed.) M Include “Hands & Globe” logo (instead of CU logo) M None MA ddress only Street Address:_________________________________________ City/State/Zip:__________________________________________ Toll Free Number:_______________________________________ Telephone:_____________________________________________ Fax Number:___________________________________________ Web Address:__________________________________________ Please circle the states you lend in: AL AK AZ AR CA CO CT DE DC FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY All States Please complete and send all applicable pages. For more information, call 1-800-356-5012. To Order Fax: 608-231-7748 E-Mail: LOANLINER@cunamutual.com Call: LOANLINER Customer Service at 1-800-356-5012, Option 1 Mail: CUNA Mutual Group LOANLINER Customer Service PO Box 391 Madison, WI 53701-0391 Open-End Planning Guide — Ordering Information 7-5 Basic Open-End Consumer Lending Order Request Credit Union:_______________________________________________________________ Contract #:___________________ Place a checkmark (3) directly below the document number of the item(s) you wish to order and complete all columns as applicable for each document. CHOOSE AN APPLICATION Document Number Description (Standard document size is 8 1/2” x 11” for all media types. Actual paper document size is indicated if different than standard size.) AXX02* Full Application without Credit Card AXX12* Full Application with Credit Card AXX33* Express Application with Credit Card AXX43* Express Application with Credit Card 3 for CU Logo/Other Electronic Format ( 3 all that apply) Paper Quantity (Minimum 100) USAGE M LOS M Internet M ll.com M Other – Explain: FORMAT M Static PDF M Fillable PDF __________________ M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ 8 1/2” x 5 1/2” AXX53* Express Application without Credit Card AXX73* Express Application without Credit Card M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ 8 1/2” x 5 1/2” OTHER APPLICATION CHOICES (see document listing on last page) M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ M Standard How to Apply Instructions: • Please complete front and back of application • Sign on back page • Return completed application to the credit union • An incomplete or unsigned application may delay processing M CU Specific How to Apply Instructions: Please attach a copy of the instructions you want imprinted on the Application. Application with Credit Card If you selected an Application with Credit Card Are you providing an Account Opening Disclosure with the application? M Y es –Then we will print the following on the application: Reference to cost disclosure: A table that includes the APRs and other required costs disclosures for credit card applications is on a separate document provided with this Application. M No –Then we will print the following on the application: Costs associated: There are costs associated with the use of this card. To obtain information about these costs, call us toll free at ________________________ or write to us at the address stated on the Application. *Document Version If column is grayed out, the feature is not allowed or the document format is not available. Open-End Planning Guide — Ordering Information 7-6 Basic/PLUS Open-End Consumer Lending Order Request Credit Union:_______________________________________________________________ Contract #:___________________ Place a checkmark (3) directly below the document number of the item(s) you wish to order and complete all columns as applicable for each document. CHOOSE A CREDIT AGREEMENT Document Number Description (Standard document size is 8 1/2” x 11” for all media types. Actual paper document size is indicated if different than standard size.) BXX01* Simplified with Credit Card – CU Copy BXX02* Flexible – CU Copy BXX03* Simplified or Flexible – Borrower Copy 3 for CU Logo/Other Electronic Format ( 3 all that apply) Paper Quantity (Minimum 100) USAGE M LOS M Internet M ll.com M Other – Explain: FORMAT M Static PDF M Fillable PDF __________________ M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ 8 1/2” x 17” M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ BXX08* Simplified without Credit Card – CU Copy BXX70* Flexible – Open-End Plan Signatures – CU Copy BXX00* Packaged M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ M LOS M Internet M ll.com M Other – Explain: 8 1/2” x 14” M Static PDF M Fillable PDF __________________ IF LENDING IN THE STATES OF PA OR VA: CHOOSE A STATE-SPECIFIC CREDIT AGREEMENT IF PA, CHOOSE BORROWER COPY ONLY IF VA, CHOOSE EITHER THE VA PACKAGED OR A CREDIT UNION AND BORROWER COPY (see document listing on last page) M PA BXPA3* Borrower Copy M VA BXVA0*Packaged (combines CU Copy and Borrower Copy) BXVA1* CU Copy BXVA2* CU Copy BXVA3* Borrower Copy CHOOSE A CREDIT AGREEMENT BXX06* Simplified with Credit Card – CU Copy BXX07* Flexible – CU Copy M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ 8 1/2” x 14” BXX04* M Static PDF M Fillable PDF __________________ Simplified or Flexible – Borrower Copy 8 1/2” x 17” M LOS M Internet M ll.com M Other – Explain: M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ (continued) Open-End Planning Guide — Ordering Information 7-7 Basic/PLUS Open-End Consumer Lending Order Request CHOOSE A CREDIT AGREEMENT (continued) Description Document Number (Standard document size is 8 1/2” x 11” for all media types. Actual paper document size is indicated if different than standard size.) BXX09* Simplified without Credit Card – CU Copy BXX70* Flexible – Open-End Plan Signatures – CU Copy BXX05* Packaged 3 for CU Logo/Other Electronic Format ( 3 all that apply) Paper Quantity (Minimum 100) USAGE M LOS M Internet M ll.com M Other – Explain: FORMAT M Static PDF M Fillable PDF __________________ M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ M LOS M Internet M ll.com M Other – Explain: 8 1/2” x 14” M Static PDF M Fillable PDF __________________ IF LENDING IN THE STATES OF PA OR VA: CHOOSE A STATE-SPECIFIC CREDIT AGREEMENT IF PA, CHOOSE BORROWER COPY ONLY IF VA, CHOOSE EITHER THE VA PACKAGED OR A CREDIT UNION AND BORROWER COPY (see document listing on last page) M PA BXPA3* Borrower Copy M VA BXVA4*Borrower Copy BXVA5* Packaged (combines CU Copy and Borrower Copy) BXVA6* CU Copy BXVA7* CU Copy SIMPLIFIED FORMAT M Standard How to Apply Instructions: • Please complete front and back of application • Sign on back page • Return completed application to the credit union • An incomplete or unsigned application may delay processing M CU Specific How to Apply Instructions: Please attach a copy of the instructions you want imprinted on the Credit Agreement. Simplified Credit Agreement with Credit Card If you selected a Simplified Credit Agreement with Credit Card Are you providing an Account Opening Disclosure with the Credit Agreement? M Y es –Then we will print the following on the credit agreement: Reference to cost disclosure: A table that includes the APRs and other required costs disclosures for credit card applications is on a separate document provided with this Credit Agreement. M No –Then we will print the following on the credit agreement: Costs associated: There are costs associated with the use of this card. To obtain information about these costs, call us toll free at ________________________ or write to us at the address stated on the Credit Agreement. PACKAGED FORMAT The free form area at the top of the document is for your use. Indicate what specific language you would like to imprint there (business hours, branch offices, Addendum disclosures, etc.) in the space below: __________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ *Document Version If column is grayed out, the feature is not allowed or the document format is not available. Open-End Planning Guide — Ordering Information 7-8 Basic/PLUS Open-End Consumer Lending Order Request Credit Union:_______________________________________________________________ Contract #:___________________ Place a checkmark (3) directly below the document number of the item(s) you wish to order and complete all columns as applicable for each document. ADDENDUM TOOL Document Number Description Addendum Tool MXX20* CHOOSE A VOUCHER Document Number Description (Standard document size is 8 1/2” x 11” for all media types. Actual paper document size is indicated if different than standard size.) VXX03* Voucher – No Debt, No Insurance VXX05* Voucher – No Debt With Insurance 3 for CU Logo/Other Electronic Format ( 3 all that apply) Paper Quantity (Minimum 100) USAGE M LOS M Internet M ll.com M Other – Explain: FORMAT M Static PDF M Fillable PDF __________________ M LOS M Internet M ll.com M Other – Explain: 8 1/2” x 14” M Static PDF M Fillable PDF __________________ IF LENDING IN THE STATES OF FL, LA OR WI: CHOOSE A STATE-SPECIFIC VOUCHER (see document listing on last page) M FL M LA M WISelect format for all of the selected state-specific documents: M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ If a different Usage/Format is required for a particular state document, please indicate below: State: _____________ Usage/Format: ______________________ State: ________________ Usage/Format: ____________________ State: _____________ Usage/Format: ______________________ State: ________________ Usage/Format: ____________________ CHOOSE A DISBURSEMENT RECEIPT VXX08* Disbursement Receipt PLUS 8 1/2” x 51/2” M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ VXX09* Disbursement Receipt PLUS with Insurance and Signature VXFL9* Florida Disbursement Receipt PLUS with Insurance and Signature M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ M LOS M Internet M ll.com M Other – Explain: __________________ Open-End Planning Guide — Ordering Information 7-9 M Static PDF M Fillable PDF Basic/PLUS Open-End Consumer Lending Order Request CHOOSE MISCELLANEOUS DOCUMENTS GXX01* Guaranty Agreement GXX11* Guaranty Agreement with Notice to Co-Signer M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ (For Federally Chartered Credit Unions Only) MXX02* Notice to Co-Signer MXX05* Subsequent Action MXX07* Adverse Action MXX88* Security Agreement M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ IF LENDING IN THE STATES OF CA, FL, IA, LA, ME, NY OR WI: CHOOSE A STATE-SPECIFIC MISCELLANEOUS DOCUMENT (see document listing on last page) M CA M FL M IA M ME M NY M WI M LA Select format for all of the selected statespecific documents: M LOS M Internet M ll.com M Other – Explain: M Static PDF M Fillable PDF __________________ If a different Usage/Format is required for a particular state document, please indicate below: State: _____________ Usage/Format: ______________________ State: ________________ Usage/Format: ____________________ State: _____________ Usage/Format: ______________________ State: ________________ Usage/Format: ____________________ *Document Version Open-End Planning Guide — Ordering Information 7-10 LOANLINER® DOCUMENTS State specific documents are noted in the document description. DOCUMENT NUMBER TYPE DOCUMENT DESCRIPTION APPLICATIONS AXX02* P & E1 Full Application Without Credit Card AXX12* P & E Full Application With Credit Card AXX33* P & E Express With Credit Card (81/2 x 11) AXX43* P Express With Credit Card (81/2 x 51/2) AXX53* P & E Express Without Credit Card (81/2 x 11) AXX66* P Full Application Without Credit Card ‑ Tumbled AXX73* P Express Without Credit Card (81/2 x 51/2) BASIC CREDIT AGREEMENTS BXX00* P & E Packaged BXX01* P & E Simplified With Credit Card ‑ Credit Union Copy BXX02* P & E Flexible ‑ Credit Union Copy BXX03* P & E Flexible or Simplified ‑ Borrower Copy BXX08* P & E Simplified Without Credit Card ‑ Credit Union Copy BXX70* P & E Flexible – Open End Plan Signatures – Credit Union Copy BXPA3* P PA Flexible or Simplified ‑ Borrower Copy BXVA0* P VA Packaged BXVA1* P VA Simplified With Credit Card ‑ Credit Union Copy BXVA2* P VA Flexible ‑ Credit Union Copy BXVA3* P VA Flexible or Simplified ‑ Borrower Copy Required Required Required Required Required Required Required Required Required Required Required Required Required Optional Optional Optional Optional PLUS CREDIT BXX04* P&E BXX05* P&E BXX06* P&E Required Required Required BXX07* BXX09* Required Required BXX70* BXPA4* BXVA4* BXVA5* BXVA6* BXVA7* AGREEMENTS Flexible or Simplified PLUS ‑ Borrower Copy Packaged PLUS Simplified PLUS With Credit Card ‑ Credit Union Copy P & E Flexible PLUS ‑ Credit Union Copy P & E Simplified PLUS Without Credit Card ‑ Credit Union Copy P & E Flexible – Open End Plan Signatures – Credit Union Copy P PA Flexible or Simplified PLUS ‑ Borrower Copy P VA Flexible or Simplified PLUS ‑ Borrower Copy P VA Packaged PLUS P VA Simplified PLUS With Credit Card ‑ Credit Union Copy P VA Flexible PLUS ‑ Credit Union Copy IMPRINT Required Optional Optional Optional Optional ADDENDUM MXX20* E Addendum Tool LINE OF CREDIT N/A BXX80* N/A E Line of Credit Tool DOCUMENT NUMBER TYPE DOCUMENT DESCRIPTION VOUCHERS AND DISBURSEMENT RECEIPTS VXX00* P & E Line of Credit VXX01* P & E Advance Request VXX03* P & E No Debt, No Insurance VXX05* P & E No Debt, With Insurance VXX07* P & E No Debt, With Insurance & Filing Copy VXX08* P & E Disbursement Receipt PLUS VXX09* P & E Disbursement Receipt PLUS With Insurance & Signature VXFL9* P & E Florida Disbursement Receipt PLUS With Insurance & Signature VXX31* P Continuous No Debt, No Insurance VXX32* P Continuous No Debt, With Insurance VXX33* P Continuous No Debt, With Insurance VXX36* P Continuous No Debt, With Insurance & Filing Copy VXFL0* P & E FL Line of Credit VXFL7* P & E FL No Debt, No Insurance VXLA1* P & E LA No Debt, No Insurance & Filing Copy VXWI0* P & E WI No Debt, With Insurance MISCELLANEOUS DOCUMENTS (Open-End & Closed-End) GXX01* P & E Guaranty Agreement GXX11* P & E Guaranty Agreement With Co-Signer Notice GXME0* P & E ME Guaranty Agreement MXCA0* P & E CA Notice to Co-Signer MXIA0* P & E IA 2-PT Notice to Co-Signer MXNY0* P & E NY OE/CE Notice to Co-Signer MXWI0* P & E WI Explanation of Personal Obligation MXX00* P Document Folder MXX02* P & E Notice to Co-Signer MXX05* P & E Subsequent Action MXX06* P & E Subsequent Action Without Insurance MXX07* P & E Adverse Action MXX08* E Adverse Action Mailer Form MXX09* P & E FL Subsequent Action With Statement of Intent MXX11* P & E FACT Act Notice MXX12* E Truth in Lending Disclosure MXX61* E Risk Based Pricing Notice MXX62* E Account Review Risk Based Pricing Notice MXX64* E Credit Score Exception Notice Consumer MXX65* E No Cedit Score Notice MXX66* E Risk Based Pricing Notice with Credit Score Information MXX67* E Account Review Risk Based Pricing Notice with Credit Score Information MXX70* P & E Pre-Approved Payment Order MXLA7* P & E LA Pre-Approved Payment Order MXX88* P & E Security Agreement MXX90* P & E Security Agreement PLUS * Indicates Version Number 1 P & E stands for Paper and Electronic Open-End Planning Guide — Ordering Information 7-11 IMPRINT Optional Optional Optional Optional Optional Optional Optional Optional Optional Optional Optional Optional Optional Optional Optional Optional Optional Optional Optional Optional Optional N/A N/A Optional Optional Optional Optional Optional N/A Optional Optional N/A Optional Optional Optional Optional Optional Optional Optional Optional Optional Optional P.O. Box 391 5910 Mineral Point Road Madison, WI 53701-0391 Phone: 800.356.2644 Email: loanliner@cunamutual.com World Wide Web: http://www.loanliner.com