ARTICLE I
NAME
The name of this Association shall be the
National Association of Consumer Credit Administrators. (Amended
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, by: (Amended
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
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
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
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
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
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
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
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
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
Section 2. The Executive Committee shall consist of the elected
officers and three 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
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
Section 2. The Association may invite members of the consumer
finance industry to a portion of the annual meeting. (Amended
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
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
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
ARTICLE
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
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
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