It's not clear. My own interpretation of the Credit Union Act is that they can but I have seen opinions to the contrary. I think they could impose a cap on share accounts (savings) and do the following:
- Request members to withdraw excess savings above €XX,000 by a certain date,
- Where the balance has not been reduced below the cap transfer the excess balance to a deposit account which will be subject to a negative interest rate.
Most credit unions introduced caps on savings but allowed members to keep their existing balances at the date it took effect - this had limited impact on slowing the growth as most growth was driven by an accumulation across lower balances. There appears to be very little appetite for a savings cap as low as would be required to minimise this sort of growth so many are now examining returning savings to members above their cap. This is complicated by the fact that they need co-operation to achieve this and they can't physically force someone to do an EFT, withdraw money or cash a cheque. They should probably impose low enough caps and hope for high levels of compliance.
I think it's probably unlikely that they will start applying negative interest rates because of the huge reputational risks, but at this stage, who knows? Some will probably have no choice.