(LRC Revised)

Number 40 of 2012

CREDIT UNION AND CO-OPERATION WITH OVERSEAS REGULATORS ACT 2012

REVISED

Updated to 30 September 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Credit Union and Co-operation with Overseas Regulators Act 2012

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Statute Law Revision Act 2025

(10/2025), enacted 23 July 2025, and all statutory

instruments up to and including the

Credit Union Fund (Stabilisation) Levy Regulations 2025

(S.I. No. 464 of 2025), made 30 September 2025, were considered in

the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

40

of

2012

CREDIT UNION AND CO-OPERATION WITH OVERSEAS REGULATORS ACT 2012

REVISED

Updated to 30 September 2025

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, construction and collective citation.

2. Commencement.

3. Definition.

4. Savers for regulatory actions of Bank.

5. Expenses.

PART 2

Amendments to Credit Union Act 1997 and Consequential Amendments, etc.

6. Amendment of section 2 (Interpretation) of Principal Act.

7. Supplemental provisions relating to registration, etc., under section 6 of Principal

Act.

8. Savings.

9. Protection of members’ savings.

10. Borrowing.

11. Lending.

12. Investments.

13. Reserves.

14. Appeal against certain decisions of Bank.

15. Board of directors.

16. Operation of board of directors.

17. Functions of board of directors.

18. Chair of board of directors, etc.

19. Board committees.

20. Nomination committee.

21. Manager of credit union.

22. Credit officer and credit control officer.

23. Directors: suspension and removal by board oversight committee.

24. General governance requirements.

25. Conflicts of interest.

26. Additional requirements for credit unions.

27. Board oversight committee.

28. Special resolutions.

29. Power of Bank to make regulations.

30. Liquidity and stress testing, etc.

31. Bank’s power to require appointment of additional director of credit union.

32. Removal of auditor of credit union by Bank.

33. General regulations by Bank.

34. Certain enactments not to apply to credit unions, etc.

35. Miscellaneous and consequential amendments to Principal Act.

36. Consequential amendments of the Central Bank Act 1942.

37. Amendment of Schedule 2 to Central Bank Act 1942.

38. Revocation of statutory instruments.

PART 3

Restructuring

Preliminary and restructuring generally

39. Interpretation (

Part 3

).

40. Independence

of Bank and its Governor not affected (

Part 3

).

41. Minister to

have regard to European Union law (

Part 3

).

Credit Union Restructuring Board

42.

Establishment of Credit Union Restructuring Board.

43. Cessation of

effect of this Part.

44.

Restructuring functions of ReBo.

45.

Restructuring of credit unions.

46. Guidelines

and directions.

47. ReBo levy.

48. Collection of ReBo levy and amendment of section 61H of the Central Bank Act 1942.

49. Membership

of Board of ReBo, etc.

50. Non-disclosure of information.

51. Reports to

Minister.

52. Chief

executive officer of ReBo.

53. Staff of

ReBo.

54. Accounts and

audit.

55. Contracted

service providers.

56. Disclosure of information.

Credit Union Fund and Credit Union Levy

57. Credit Union Fund.

58. Keeping and audit of accounts of Credit Union Fund, etc.

59. Credit union levy.

60. Arrangements for collection of credit union levies.

PART 4

Stabilisation

61. Interpretation (

Part 4

).

62. Independence of Bank and its Governor not affected (

Part 4

).

63. Minister and Bank to have regard to European Union law (

Part 4

).

64. Funding for stabilisation support.

65. Provision of stabilisation support.

66. Stabilisation Committee.

67. Expenses of Bank under

Part 4

.

PART 5

Miscellaneous Amendments relating to Central Bank Acts 1942 to 2011

68. Amendments to Central Bank Act 1942.

69. Amendment to Central Bank Reform Act 2010.

70. Amendments, repeals, revocations, savings and transitional provisions (

Part 5

).

SCHEDULE 1

Miscellaneous and Consequential Amendments to Credit Union Act 1997

SCHEDULE 2

Amendments to Certain Acts and Statutory Instruments

PART 1

Amendments to Certain Acts

PART 2

Amendments to Certain Statutory Instruments

SCHEDULE 3

Amendments of Central Bank Acts

PART 1

Amendments of Central Bank Act 1971

PART 2

Amendments of Central Bank Act 1997

SCHEDULE 4

Amendments of Certain Other Acts

PART 1

Amendments of Building Societies Act 1989

PART 2

Amendment of Trustee Savings Banks Act 1989

PART 3

Amendment of Investment Limited Partnerships Act 1994

PART 4

Amendments of Consumer Credit Act 1995

PART 5

Amendments of Investment Intermediaries Act 1995

PART 6

Amendments of Credit Union Act 1997

PART 7

Amendments of Investor Compensation Act 1998

PART 8

Amendment of Asset Covered Securities Act 2001

SCHEDULE 5

Amendments to Certain Statutory Instruments

PART 1

Amendments of European Communities (Distance Marketing of Consumer Financial Services)

Regulations 2004

PART 2

Amendment of European Communities (Insurance Mediation) Regulations 2005

PART 3

Amendment of European Communities (Reinsurance) Regulations 2006

PART 4

Amendments of European Communities (Markets in Financial Instruments) Regulations

2007

PART 5

Amendments of European Communities (Insurance and Reinsurance Groups Supplementary

Supervision) Regulations 2007

PART 6

Amendments of European Communities (Credit Institutions) (Consolidated Supervision)

Regulations 2009

PART 7

Amendment of European Communities (Cross Border Payments) Regulations 2010

Acts Referred to

Asset Covered Securities Act 2001

2001, No. 47

Building Societies Act 1989

1989, No. 17

Central Bank Act 1942

1942, No. 22

Central Bank Act 1971

1971, No. 24

Central Bank Act 1989

1989, No. 18

Central Bank Act 1997

1997, No. 8

Central Bank Acts 1942 to 2011

Central Bank and Credit Institutions (Resolution) Act 2011

2011, No. 27

Central Bank Reform Act 2010

2010, No. 23

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

2010, No. 24

Companies Act 1963

1963, No. 33

Companies Act 1990

1990, No. 33

Consumer Credit Act 1995

1995, No. 24

Consumer Protection Act 2007

2007, No. 19

Credit Institutions (Stabilisation) Act 2010

2010, No. 36

Credit Union Act 1966

1966, No. 19

Credit Union Act 1997

1997, No. 15

Credit Union Acts 1997 and 2001

Data Protection Acts 1988 and 2003

European Communities Act 1972

1972, No. 27

Financial Emergency Measures in the Public Interest Act 2009

2009, No. 5

Industrial and Provident Societies Acts 1893 to 1978

Insurance (No. 2) Act 1983

1983, No. 29

Insurance Act 1989

1989, No. 3

Investment Intermediaries Act 1995

1995, No. 11

Investment Limited Partnerships Act 1994

1994, No. 24

Investor Compensation Act 1998

1998, No. 37

Public Service Management (Recruitment and Appointments) Act 2004

2004, No. 33

Taxes Consolidation Act 1997

1997, No. 39

Trustee Savings Banks Act 1989

1989, No. 21

Number

40

of

2012

CREDIT UNION AND CO-OPERATION WITH OVERSEAS REGULATORS ACT 2012

REVISED

Updated to 30 September 2025

AN ACT TO AMEND CERTAIN PROVISIONS OF THECREDIT UNION ACTS 1997 AND 2001, IN PARTICULAR,

TO AMEND THE PRUDENTIAL REQUIREMENTS FOR CREDIT UNIONS, TO CHANGE THE GOVERNANCE REQUIREMENTS

FOR CREDIT UNIONS BY REMOVING CERTAIN MANAGEMENT FUNCTIONS FROM BOARDS OF DIRECTORS

OF CREDIT UNIONS AND PROVIDING FOR A SEPARATE MANAGEMENT STRUCTURE AND TO IMPROVE

THE OVERSIGHT AND GENERAL POLICY FUNCTIONS OF SUCH BOARDS OF DIRECTORS; TO PROVIDE

FOR THE RESTRUCTURING OF CREDIT UNIONS AND FOR STABILISATION SUPPORT TO CREDIT UNIONS,

TO PROVIDE FOR A FUND TO BE KNOWN AS THE CREDIT UNION FUND FOR THE PURPOSES OF SUCH

RESTRUCTURING AND STABILISATION AND TO PROVIDE FOR LEVIES IN RESPECT OF THAT FUND;

TO PROVIDE FOR MISCELLANEOUS MATTERS RELATING TO CREDIT UNIONS; TO AMEND THE CENTRAL

BANK ACTS 1942 TO 2011, TO PROVIDE FOR CO-OPERATION BETWEEN THE CENTRAL BANK OF IRELAND

AND OVERSEAS REGULATORS AND TO PROVIDE FOR THE APPOINTMENT OF AUTHORISED OFFICERS

BY THE CENTRAL BANK OF IRELAND; AND TO PROVIDE FOR MATTERS RELATED TO THE FOREGOING.

[19

th December

, 2012]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, construction and collective citation.

2. Commencement.

3. Definition.

4. Savers for regulatory actions of Bank.

5. Expenses.

PART 2

Amendments to Credit Union Act 1997 and Consequential Amendments, etc.

6. Amendment of section 2 (Interpretation) of Principal Act.

7. Supplemental provisions relating to registration, etc., under section 6 of Principal

Act.

8. Savings.

9. Protection of members’ savings.

10. Borrowing.

11. Lending.

12. Investments.

13. Reserves.

14. Appeal against certain decisions of Bank.

15. Board of directors.

16. Operation of board of directors.

17. Functions of board of directors.

18. Chair of board of directors, etc.

19. Board committees.

20. Nomination committee.

21. Manager of credit union.

22. Credit officer and credit control officer.

23. Directors: suspension and removal by board oversight committee.

24. General governance requirements.

25. Conflicts of interest.

26. Additional requirements for credit unions.

27. Board oversight committee.

28. Special resolutions.

29. Power of Bank to make regulations.

30. Liquidity and stress testing, etc.

31. Bank’s power to require appointment of additional director of credit union.

32. Removal of auditor of credit union by Bank.

33. General regulations by Bank.

34. Certain enactments not to apply to credit unions, etc.

35. Miscellaneous and consequential amendments to Principal Act.

36. Consequential amendments of the Central Bank Act 1942.

37. Amendment of Schedule 2 to Central Bank Act 1942.

38. Revocation of statutory instruments.

PART 3

Restructuring

Number

40

of

2012