(1) Directors, board officers,
supervisory committee members, and senior operating officers owe
a fiduciary duty to the credit union, and must discharge the
duties of their respective positions:
(a) In good faith;
(b) With the care an ordinarily prudent person in a like
position would exercise under similar circumstances; and
(c) In a manner the director or officer reasonably believes
to be in the best interests of the credit union.
(2) In discharging the duties of a director, a director is
entitled to rely on information, opinions, reports, or
statements, including financial statements and other financial
data, if prepared or presented by:
(a) One or more officers or employees of the credit union
whom the director reasonably believes to be reliable and
competent in the matters presented;
(b) Legal counsel, public accountants, or other persons as
to matters the director reasonably believes are within the
person's professional or expert competence; or
(c) A committee of the board of directors of which the
director is not a member if the director reasonably believes the
committee merits confidence.
(3) A director is not acting in good faith if the director
has knowledge concerning the matter in question that makes
reliance otherwise permitted by subsection (2) of this section
unwarranted.
(4) A director is not liable for any action taken as a
director, or any failure to take any action, if the director
performed the duties of the director's office in compliance with
this section.
[2010 c 87 § 3; 2001 c 83 § 9; 1997 c 397 § 19.]