NACCA Constitution


ARTICLE I
NAME

The name of this Association shall be the National Association of Consumer Credit Administrators.
(Amended October 1, 2008)

ARTICLE II
PURPOSE

The purpose of the Association shall be to improve the supervision of consumer financial companies and to facilitate the administration of laws governing these companies. (Amended June 23, 2011)

1. Providing a forum for the exchange of information, ideas and experiences among regulators having supervision of such companies and changes with the administration of such laws. (Amended June 23, 2011)

2. Facilitating intercommunication among its members and circulating information of interest to its members between meetings of the association.

3. Developing standard forms and otherwise encouraging the collection of adequate and comparable statistical information concerning consumer financial companies in each state, province, territory or other political subdivision (hereinafter “state”).  (Amended June 23, 2011)

4. Coordinating the efforts of individual states toward determination of sound public policy with respect to the supervision and control of consumer credit.

5. Cooperating with other organizations whether public or private, that are concerned with or interested in the supervision of consumer financial companies in the administration of the laws governing these companies. (Amended June 23, 2011)

6. Increasing the effectiveness and efficiency of the state regulators having supervision over consumer financial companies and promoting the general welfare of the consumer and of the consumer finance industry by enhancing supervisory procedures and the laws administered by the regulators in the various states. (Amended June 23, 2011)

7. Performing such other services or undertaking such other activities as will, in the opinion of its members, contribute to these purposes.

MEMBERSHIP
ARTICLE III

Section 1. The membership of this Association shall consist of the governmental agencies of the states and territories of the United States of America and of the provinces and territories of Canada, which, by law, are vested with authority and duty to administer laws that require regulation or supervision of consumer financial companies. Upon written application to, and approval by, the Executive Committee, membership to this Association may also be extended to governmental agencies of any other country which, by law, are vested with authority and duty to administer laws which require regulation or supervision of consumer financial companies. (Amended June 23, 2011)

Section 2. If more than one governmental agency of a state is authorized by law to enforce consumer credit laws, each of those agencies may become a member of this Association by paying membership dues. Each member representative is entitled to vote, hold the position of officer or Executive Committee member, and participate in the Association's activities, and may be listed in its membership roster. Any agency that has not paid or been excused from paying membership dues for the year immediately preceding the annual meeting is not entitled to have its representative vote or hold office. (Amended October 1, 2008)

Section 3. A member may designate an official representative from that agency to act for the member. The official representative may participate in the Association's activities on behalf of the member making the designation and may be listed in the Association’s membership roster. (Amended October 1, 2008)

Section 4. The Executive Committee may confer honorary membership upon representatives of former members of the Association. A request for honorary membership may be made by the former member representative, a member of the Executive Committee, or any NACCA member whether active or honorary.  Any former member representative who served in some capacity in which he/she made a significant and identifiable contribution to the Association is eligible for consideration for honorary membership. Honorary members may not vote, hold the position of officer or Executive Committee member, or chair or serve on committees except that honorary members may serve in an advisory capacity on the Past Presidents Advisory Committee and the Remembrance Committee. Honorary members otherwise are entitled to participate in this Association's activities, subject to Article VI, Section 5, and may be listed as honorary members in its membership roster.  (Amended October 1, 2008)

ARTICLE IV
OFFICERS

Section 1. The officers of the Association shall be as follows: President, First Vice President, Second Vice President, and Secretary-Treasurer. Offices may be combined, such that more than one office may be filled by an individual upon a vote of the membership in electing officers for the upcoming year or by a vote of the Executive Committee if during the year of a vacated office.  (Amended October 1, 2008)

Section 2. An officer may resign at any time by giving written notice to the President or the Executive Committee. A resignation shall take effect at the time specified therein or if no time is specified immediately upon its receipt. An officer or member of the Executive Committee may be removed at any time by the affirmative vote of the majority of the Executive Committee provided that reasonable notice is given prior to the meeting at which such action may be considered.

ARTICLE V
COMMITTEES

Section 1. Committees shall consist of the following: Executive Committee, Auditing Committee, Nominating Committee, Program and Convention Committee and Continuing Education Committee. Other committees may be appointed at the President's or the Executive Committee's discretion. (Amended June 23, 2011)

Section 2. The Executive Committee shall consist of the elected officers and no fewer than three, and up to five, other member representatives appointed by the President, one of whom shall be the Association’s immediate past President, conditioned on the continued membership eligibility of the state of which he or she is a representative under Section 1 and Section 3 of Article III. All other committee appointments shall be made by the President. (Amended June 12, 2013)

Section 3. Following the annual meeting, the newly-elected President shall appoint such other committees as the President shall desire.

 

ARTICLE VI
MEETINGS

Section 1. The members of this Association shall convene at least once annually at such time and place designated by the Executive Committee. The Executive Committee may set other meetings as needed, including meetings for training and continuing education. (Amended October 1, 2008)

Section 2. The Association may invite members of the consumer finance industry to a portion of the annual meeting.  (Amended June 12, 2012)

Section 3. Written notice of the dates and place of the annual meeting shall be provided to the members at least thirty (30) days in advance of the meeting. Such written notice shall include the date and times of the business meeting, any joint industry meeting, the annual meeting program of activities, and such other items of business as the President or Executive Committee may determine. (Amended September 5, 2003)

Section 4. Subject to approval of the Executive Committee, employees of non-member governmental agencies may attend the Association’s meetings but may be required to pay a higher non-member registration fee. (Amended October 1, 2008)

Section 5.  In order to preserve the confidentiality of certain discussions, the Executive Committee may determine that various portions of the Association’s meetings are open only to representatives of current members. (Amended October 1, 2008)

ARTICLE VII
FISCAL YEAR

The fiscal year of the Association shall be from July 1, through June 30, of the following year.

ARTICLE VIII
MEMBERSHIP DUES

The annual dues for each membership in this Association shall be determined by the Executive Committee and are due on or before August 1 of each year. Any member who submits a written dues payment waiver request detailing that member’s bona fide inability to pay annual dues may be excused by the Executive Committee from paying dues. If a member fails to pay dues for more than two consecutive years without having been excused by the Executive Committee, the member shall be removed from the Association's membership roster. Honorary members are not required to pay dues. The membership may by a two-thirds vote of the members present and voting, establish a ceiling on the annual dues payable for the following fiscal year. (Amended June 23, 2011)

ARTICLE IX
AUDITS

An audit of the Association's funds shall be made by the Auditing Committee during each scheduled annual meeting and at such other times as may be ordered by the Executive Committee.

ARTICLE X
QUORUM

Sixty percent (60%) of the members attending an annual meeting shall constitute a quorum.
(Amended September 5, 2003)

ARTICLE XI
AMENDMENTS

Amendments to the Constitution and By-laws may be adopted by a two-thirds vote of the members present and voting either in person or by their official representatives, provided copies of such proposed amendments have been mailed, or otherwise provided, to the members at least thirty (30) days prior to the annual meeting or without prior notice, provided the vote is unanimous by those present and entitled to vote.

ARTICLE XII
ASSOCIATION INVOLVEMENT IN LITIGATION AND OTHER PROCEEDINGS

If the Association desires to voluntarily become a party to any litigation, state a position on pending or suggested legislation, or respond to a notice of proposed rulemaking or other action of a federal agency, the membership of the Association shall be polled to identify whether sufficient support for a submission exists. The Association may, subject to the approval of the Executive Committee, file a submission if a majority of those responding within the time designated in the polling notice respond affirmatively. (Amended June 23, 2011)

 

Last updated: July 21, 2015