Title 12--Banks and Banking CHAPTER II--FEDERAL RESERVE SYSTEM PART 228--COMMUNITY REINVESTMENT (REGULATION BB) |
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Subpart A--General
(a) Authority. The Board of Governors of the Federal Reserve System
(the Board) issues this part to implement the Community Reinvestment Act
(12 U.S.C. 2901 et seq.) (CRA). The regulations comprising this part are
issued under the authority of the CRA and under the provisions of the
United States Code authorizing the Board:
(1) To conduct examinations of State-chartered banks that are
members of the Federal Reserve System (12 U.S.C. 325);
(2) To conduct examinations of bank holding companies and their
subsidiaries (12 U.S.C. 1844); and
(3) To consider applications for:
(i) Domestic branches by State member banks (12 U.S.C. 321);
(ii) Mergers in which the resulting bank would be a State member
bank (12 U.S.C. 1828(c));
(iii) Formations of, acquisitions of banks by, and mergers of, bank
holding companies (12 U.S.C. 1842); and
(iv) The acquisition of savings associations by bank holding
companies (12 U.S.C. 1843).
(b) Purposes. In enacting the CRA, the Congress required each
appropriate Federal financial supervisory agency to assess an
institution's record of helping to meet the credit needs of the local
communities in which the institution is chartered, consistent with the
safe and sound operation of the institution, and to take this record
into account in the agency's evaluation of an application for a deposit
facility by the institution. This part is intended to carry out the
purposes of the CRA by:
(1) Establishing the framework and criteria by which the Board
assesses a bank's record of helping to meet the credit needs of its
entire community, including low- and moderate-income neighborhoods,
consistent with the safe and sound operation of the bank; and
(2) Providing that the Board takes that record into account in
considering certain applications.
(c) Scope--(1) General. This part applies to all banks except as
provided in paragraph (c)(3) of this section.
(2) Foreign bank acquisitions. This part also applies to an
uninsured State branch (other than a limited branch) of a foreign bank
that results from an acquisition described in section 5(a)(8) of the
International Banking Act of 1978 (12 U.S.C. 3103(a)(8)). The terms
``State branch'' and ``foreign bank'' have the same meanings as in
section 1(b) of the International Banking Act of 1978 (12 U.S.C. 3101 et
seq.); the term ``uninsured State branch'' means a State branch the
deposits of which are not insured by the Federal Deposit Insurance
Corporation; the term ``limited branch'' means a State branch that
accepts only deposits that are permissible for a corporation organized
under section 25A of the Federal Reserve Act (12 U.S.C. 611 et seq.).
(3) Certain special purpose banks. This part does not apply to
special purpose banks that do not perform commercial or retail banking
services by granting credit to the public in the ordinary course of
business, other than as incident to their specialized operations. These
banks include banker's banks, as defined in 12 U.S.C. 24 (Seventh), and
banks that engage only in one or more of the following activities:
providing cash management controlled disbursement services or serving as
correspondent banks, trust companies, or clearing agents.
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Subpart A--General
For purposes of this part, the following definitions apply:
(a) Affiliate means any company that controls, is controlled by, or
is under common control with another company. The term ``control'' has
the meaning given to that term in 12 U.S.C. 1841(a)(2), and a company is
under common control with another company if both companies are directly
or indirectly controlled by the same company.
(b) Area median income means:
(1) The median family income for the MSA, if a person or geography
is located in an MSA; or
[[Page 457]]
(2) The statewide nonmetropolitan median family income, if a person
or geography is located outside an MSA.
(c) Assessment area means a geographic area delineated in accordance
with Sec. 228.41.
(d) Automated teller machine (ATM) means an automated, unstaffed
banking facility owned or operated by, or operated exclusively for, the
bank at which deposits are received, cash dispersed, or money lent.
(e) Bank means a State member bank as that term is defined in
section 3(d)(2) of the Federal Deposit Insurance Act (12 U.S.C.
1813(d)(2)), except as provided in Sec. 228.11(c)(3), and includes an
uninsured State branch (other than a limited branch) of a foreign bank
described in Sec. 228.11(c)(2).
(f) Branch means a staffed banking facility approved as a branch,
whether shared or unshared, including, for example, a mini-branch in a
grocery store or a branch operated in conjunction with any other local
business or nonprofit organization.
(g) CMSA means a consolidated metropolitan statistical area as
defined by the Director of the Office of Management and Budget.
(h) Community development means:
(1) Affordable housing (including multifamily rental housing) for
low- or moderate-income individuals;
(2) Community services targeted to low- or moderate-income
individuals;
(3) Activities that promote economic development by financing
businesses or farms that meet the size eligibility standards of the
Small Business Administration's Development Company or Small Business
Investment Company programs (13 CFR 121.301) or have gross annual
revenues of $1 million or less; or
(4) Activities that revitalize or stabilize low- or moderate-income
geographies.
(i) Community development loan means a loan that:
(1) Has as its primary purpose community development; and
(2) Except in the case of a wholesale or limited purpose bank:
(i) Has not been reported or collected by the bank or an affiliate
for consideration in the bank's assessment as a home mortgage, small
business, small farm, or consumer loan, unless it is a multifamily
dwelling loan (as described in Appendix A to Part 203 of this chapter);
and
(ii) Benefits the bank's assessment area(s) or a broader statewide
or regional area that includes the bank's assessment area(s).
(j) Community development service means a service that:
(1) Has as its primary purpose community development;
(2) Is related to the provision of financial services; and
(3) Has not been considered in the evaluation of the bank's retail
banking services under Sec. 228.24(d).
(k) Consumer loan means a loan to one or more individuals for
household, family, or other personal expenditures. A consumer loan does
not include a home mortgage, small business, or small farm loan.
Consumer loans include the following categories of loans:
(1) Motor vehicle loan, which is a consumer loan extended for the
purchase of and secured by a motor vehicle;
(2) Credit card loan, which is a line of credit for household,
family, or other personal expenditures that is accessed by a borrower's
use of a ``credit card,'' as this term is defined in Sec. 226.2 of this
chapter;
(3) Home equity loan, which is a consumer loan secured by a
residence of the borrower;
(4) Other secured consumer loan, which is a secured consumer loan
that is not included in one of the other categories of consumer loans;
and
(5) Other unsecured consumer loan, which is an unsecured consumer
loan that is not included in one of the other categories of consumer
loans.
(l) Geography means a census tract or a block numbering area
delineated by the United States Bureau of the Census in the most recent
decennial census.
(m) Home mortgage loan means a ``home improvement loan'' or a ``home
purchase loan'' as defined in Sec. 203.2 of this chapter.
(n) Income level includes:
(1) Low-income, which means an individual income that is less than
50 percent of the area median income, or a median family income that is
less than 50 percent, in the case of a geography.
[[Page 458]]
(2) Moderate-income, which means an individual income that is at
least 50 percent and less than 80 percent of the area median income, or
a median family income that is at least 50 and less than 80 percent, in
the case of a geography.
(3) Middle-income, which means an individual income that is at least
80 percent and less than 120 percent of the area median income, or a
median family income that is at least 80 and less than 120 percent, in
the case of a geography.
(4) Upper-income, which means an individual income that is 120
percent or more of the area median income, or a median family income
that is 120 percent or more, in the case of a geography.
(o) Limited purpose bank means a bank that offers only a narrow
product line (such as credit card or motor vehicle loans) to a regional
or broader market and for which a designation as a limited purpose bank
is in effect, in accordance with Sec. 228.25(b).
(p) Loan location. A loan is located as follows:
(1) A consumer loan is located in the geography where the borrower
resides;
(2) A home mortgage loan is located in the geography where the
property to which the loan relates is located; and
(3) A small business or small farm loan is located in the geography
where the main business facility or farm is located or where the loan
proceeds otherwise will be applied, as indicated by the borrower.
(q) Loan production office means a staffed facility, other than a
branch, that is open to the public and that provides lending-related
services, such as loan information and applications.
(r) MSA means a metropolitan statistical area or a primary
metropolitan statistical area as defined by the Director of the Office
of Management and Budget.
(s) Qualified investment means a lawful investment, deposit,
membership share, or grant that has as its primary purpose community
development.
(t) Small bank means a bank that, as of December 31 of either of the
prior two calendar years, had total assets of less than $250 million and
was independent or an affiliate of a holding company that, as of
December 31 of either of the prior two calendar years, had total banking
and thrift assets of less than $1 billion.
(u) Small business loan means a loan included in ``loans to small
businesses'' as defined in the instructions for preparation of the
Consolidated Report of Condition and Income.
(v) Small farm loan means a loan included in ``loans to small
farms'' as defined in the instructions for preparation of the
Consolidated Report of Condition and Income.
(w) Wholesale bank means a bank that is not in the business of
extending home mortgage, small business, small farm, or consumer loans
to retail customers, and for which a designation as a wholesale bank is
in effect, in accordance with Sec. 228.25(b).
[Reg. BB, 60 FR 22190, May 4, 1995, as amended at 60 FR 66050, Dec. 20,
1995; 61 FR 21363, May 10, 1996]
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Sec. 228.21 Performance
tests, standards, and ratings, in general. |
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Subpart B--Standards for Assessing Performance
Source: Reg. BB, 60 FR 22191, May 4, 1995, unless otherwise noted.
(a) Performance tests and standards. The Board assesses the CRA
performance of a bank in an examination as follows:
(1) Lending, investment, and service tests. The Board applies the
lending, investment, and service tests, as provided in Secs. 228.22
through 228.24, in evaluating the performance of a bank, except as
provided in paragraphs (a)(2), (a)(3), and (a)(4) of this section.
(2) Community development test for wholesale or limited purpose
banks. The Board applies the community development test for a wholesale
or limited purpose bank, as provided in Sec. 228.25, except as provided
in paragraph (a)(4) of this section.
(3) Small bank performance standards. The Board applies the small
bank performance standards as provided in Sec. 228.26 in evaluating the
performance of a small bank or a bank that was a small bank during the
prior calendar year, unless the bank elects to be assessed as provided
in paragraphs (a)(1),
[[Page 459]]
(a)(2), or (a)(4) of this section. The bank may elect to be assessed as
provided in paragraph (a)(1) of this section only if it collects and
reports the data required for other banks under Sec. 228.42.
(4) Strategic plan. The Board evaluates the performance of a bank
under a strategic plan if the bank submits, and the Board approves, a
strategic plan as provided in Sec. 228.27.
(b) Performance context. The Board applies the tests and standards
in paragraph (a) of this section and also considers whether to approve a
proposed strategic plan in the context of:
(1) Demographic data on median income levels, distribution of
household income, nature of housing stock, housing costs, and other
relevant data pertaining to a bank's assessment area(s);
(2) Any information about lending, investment, and service
opportunities in the bank's assessment area(s) maintained by the bank or
obtained from community organizations, state, local, and tribal
governments, economic development agencies, or other sources;
(3) The bank's product offerings and business strategy as determined
from data provided by the bank;
(4) Institutional capacity and constraints, including the size and
financial condition of the bank, the economic climate (national,
regional, and local), safety and soundness limitations, and any other
factors that significantly affect the bank's ability to provide lending,
investments, or services in its assessment area(s);
(5) The bank's past performance and the performance of similarly
situated lenders;
(6) The bank's public file, as described in Sec. 228.43, and any
written comments about the bank's CRA performance submitted to the bank
or the Board; and
(7) Any other information deemed relevant by the Board.
(c) Assigned ratings. The Board assigns to a bank one of the
following four ratings pursuant to Sec. 228.28 and Appendix A of this
part: ``outstanding''; ``satisfactory''; ``needs to improve''; or
``substantial noncompliance'' as provided in 12 U.S.C. 2906(b)(2). The
rating assigned by the Board reflects the bank's record of helping to
meet the credit needs of its entire community, including low- and
moderate-income neighborhoods, consistent with the safe and sound
operation of the bank.
(d) Safe and sound operations. This part and the CRA do not require
a bank to make loans or investments or to provide services that are
inconsistent with safe and sound operations. To the contrary, the Board
anticipates banks can meet the standards of this part with safe and
sound loans, investments, and services on which the banks expect to make
a profit. Banks are permitted and encouraged to develop and apply
flexible underwriting standards for loans that benefit low- or moderate-
income geographies or individuals, only if consistent with safe and
sound operations.
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Sec. 228.22 Lending test. |
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Subpart B--Standards for Assessing Performance
(a) Scope of test. (1) The lending test evaluates a bank's record of
helping to meet the credit needs of its assessment area(s) through its
lending activities by considering a bank's home mortgage, small
business, small farm, and community development lending. If consumer
lending constitutes a substantial majority of a bank's business, the
Board will evaluate the bank's consumer lending in one or more of the
following categories: motor vehicle, credit card, home equity, other
secured, and other unsecured loans. In addition, at a bank's option, the
Board will evaluate one or more categories of consumer lending, if the
bank has collected and maintained, as required in Sec. 228.42(c)(1), the
data for each category that the bank elects to have the Board evaluate.
(2) The Board considers originations and purchases of loans. The
Board will also consider any other loan data the bank may choose to
provide, including data on loans outstanding, commitments and letters of
credit.
(3) A bank may ask the Board to consider loans originated or
purchased by consortia in which the bank participates or by third
parties in which the bank has invested only if the loans meet the
definition of community development loans and only in accordance with
paragraph (d) of this section. The Board will not consider these loans
under any criterion of the lending test
[[Page 460]]
except the community development lending criterion.
(b) Performance criteria. The Board evaluates a bank's lending
performance pursuant to the following criteria:
(1) Lending activity. The number and amount of the bank's home
mortgage, small business, small farm, and consumer loans, if applicable,
in the bank's assessment area(s);
(2) Geographic distribution. The geographic distribution of the
bank's home mortgage, small business, small farm, and consumer loans, if
applicable, based on the loan location, including:
(i) The proportion of the bank's lending in the bank's assessment
area(s);
(ii) The dispersion of lending in the bank's assessment area(s); and
(iii) The number and amount of loans in low-, moderate-, middle-,
and upper-income geographies in the bank's assessment area(s);
(3) Borrower characteristics. The distribution, particularly in the
bank's assessment area(s), of the bank's home mortgage, small business,
small farm, and consumer loans, if applicable, based on borrower
characteristics, including the number and amount of:
(i) Home mortgage loans to low-, moderate-, middle-, and upper-
income individuals;
(ii) Small business and small farm loans to businesses and farms
with gross annual revenues of $1 million or less;
(iii) Small business and small farm loans by loan amount at
origination; and
(iv) Consumer loans, if applicable, to low-, moderate-, middle-, and
upper-income individuals;
(4) Community development lending. The bank's community development
lending, including the number and amount of community development loans,
and their complexity and innovativeness; and
(5) Innovative or flexible lending practices. The bank's use of
innovative or flexible lending practices in a safe and sound manner to
address the credit needs of low- or moderate-income individuals or
geographies.
(c) Affiliate lending. (1) At a bank's option, the Board will
consider loans by an affiliate of the bank, if the bank provides data on
the affiliate's loans pursuant to Sec. 228.42.
(2) The Board considers affiliate lending subject to the following
constraints:
(i) No affiliate may claim a loan origination or loan purchase if
another institution claims the same loan origination or purchase; and
(ii) If a bank elects to have the Board consider loans within a
particular lending category made by one or more of the bank's affiliates
in a particular assessment area, the bank shall elect to have the Board
consider, in accordance with paragraph (c)(1) of this section, all the
loans within that lending category in that particular assessment area
made by all of the bank's affiliates.
(3) The Board does not consider affiliate lending in assessing a
bank's performance under paragraph (b)(2)(i) of this section.
(d) Lending by a consortium or a third party. Community development
loans originated or purchased by a consortium in which the bank
participates or by a third party in which the bank has invested:
(1) Will be considered, at the bank's option, if the bank reports
the data pertaining to these loans under Sec. 228.42(b)(2); and
(2) May be allocated among participants or investors, as they
choose, for purposes of the lending test, except that no participant or
investor:
(i) May claim a loan origination or loan purchase if another
participant or investor claims the same loan origination or purchase; or
(ii) May claim loans accounting for more than its percentage share
(based on the level of its participation or investment) of the total
loans originated by the consortium or third party.
(e) Lending performance rating. The Board rates a bank's lending
performance as provided in Appendix A of this part.
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Sec. 228.23 Investment test. |
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Subpart B--Standards for Assessing Performance
(a) Scope of test. The investment test evaluates a bank's record of
helping to meet the credit needs of its assessment area(s) through
qualified investments that benefit its assessment area(s) or a broader
statewide or regional area that includes the bank's assessment area(s).
[[Page 461]]
(b) Exclusion. Activities considered under the lending or service
tests may not be considered under the investment test.
(c) Affiliate investment. At a bank's option, the Board will
consider, in its assessment of a bank's investment performance, a
qualified investment made by an affiliate of the bank, if the qualified
investment is not claimed by any other institution.
(d) Disposition of branch premises. Donating, selling on favorable
terms, or making available on a rent-free basis a branch of the bank
that is located in a predominantly minority neighborhood to a minority
depository institution or women's depository institution (as these terms
are defined in 12 U.S.C. 2907(b)) will be considered as a qualified
investment.
(e) Performance criteria. The Board evaluates the investment
performance of a bank pursuant to the following criteria:
(1) The dollar amount of qualified investments;
(2) The innovativeness or complexity of qualified investments;
(3) The responsiveness of qualified investments to credit and
community development needs; and
(4) The degree to which the qualified investments are not routinely
provided by private investors.
(f) Investment performance rating. The Board rates a bank's
investment performance as provided in Appendix A of this part.
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Sec. 228.24 Service test. |
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Subpart B--Standards for Assessing Performance
(a) Scope of test. The service test evaluates a bank's record of
helping to meet the credit needs of its assessment area(s) by analyzing
both the availability and effectiveness of a bank's systems for
delivering retail banking services and the extent and innovativeness of
its community development services.
(b) Area(s) benefitted. Community development services must benefit
a bank's assessment area(s) or a broader statewide or regional area that
includes the bank's assessment area(s).
(c) Affiliate service. At a bank's option, the Board will consider,
in its assessment of a bank's service performance, a community
development service provided by an affiliate of the bank, if the
community development service is not claimed by any other institution.
(d) Performance criteria--retail banking services. The Board
evaluates the availability and effectiveness of a bank's systems for
delivering retail banking services, pursuant to the following criteria:
(1) The current distribution of the bank's branches among low-,
moderate-, middle-, and upper-income geographies;
(2) In the context of its current distribution of the bank's
branches, the bank's record of opening and closing branches,
particularly branches located in low- or moderate-income geographies or
primarily serving low- or moderate-income individuals;
(3) The availability and effectiveness of alternative systems for
delivering retail banking services (e.g., ATMs, ATMs not owned or
operated by or exclusively for the bank, banking by telephone or
computer, loan production offices, and bank-at-work or bank-by-mail
programs) in low- and moderate-income geographies and to low- and
moderate-income individuals; and
(4) The range of services provided in low-, moderate-, middle-, and
upper-income geographies and the degree to which the services are
tailored to meet the needs of those geographies.
(e) Performance criteria--community development services. The Board
evaluates community development services pursuant to the following
criteria:
(1) The extent to which the bank provides community development
services; and
(2) The innovativeness and responsiveness of community development
services.
(f) Service performance rating. The Board rates a bank's service
performance as provided in Appendix A of this part.
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Sec. 228.25 Community development test for
wholesale or limited purpose banks. |
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Subpart B--Standards for Assessing Performance
(a) Scope of test. The Board assesses a wholesale or limited purpose
bank's record of helping to meet the credit needs of its assessment
area(s) under the community development test
[[Page 462]]
through its community development lending, qualified investments, or
community development services.
(b) Designation as a wholesale or limited purpose bank. In order to
receive a designation as a wholesale or limited purpose bank, a bank
shall file a request, in writing, with the Board, at least three months
prior to the proposed effective date of the designation. If the Board
approves the designation, it remains in effect until the bank requests
revocation of the designation or until one year after the Board notifies
the bank that the Board has revoked the designation on its own
initiative.
(c) Performance criteria. The Board evaluates the community
development performance of a wholesale or limited purpose bank pursuant
to the following criteria:
(1) The number and amount of community development loans (including
originations and purchases of loans and other community development loan
data provided by the bank, such as data on loans outstanding,
commitments, and letters of credit), qualified investments, or community
development services;
(2) The use of innovative or complex qualified investments,
community development loans, or community development services and the
extent to which the investments are not routinely provided by private
investors; and
(3) The bank's responsiveness to credit and community development
needs.
(d) Indirect activities. At a bank's option, the Board will consider
in its community development performance assessment:
(1) Qualified investments or community development services provided
by an affiliate of the bank, if the investments or services are not
claimed by any other institution; and
(2) Community development lending by affiliates, consortia and third
parties, subject to the requirements and limitations in Sec. 228.22(c)
and (d).
(e) Benefit to assessment area(s)--(1) Benefit inside assessment
area(s). The Board considers all qualified investments, community
development loans, and community development services that benefit areas
within the bank's assessment area(s) or a broader statewide or regional
area that includes the bank's assessment area(s).
(2) Benefit outside assessment area(s). The Board considers the
qualified investments, community development loans, and community
development services that benefit areas outside the bank's assessment
area(s), if the bank has adequately addressed the needs of its
assessment area(s).
(f) Community development performance rating. The Board rates a
bank's community development performance as provided in Appendix A of
this part.
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Sec. 228.26 Small bank performance standards. |
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Subpart B--Standards for Assessing Performance
(a) Performance criteria. The Board evaluates the record of a small
bank, or a bank that was a small bank during the prior calendar year, of
helping to meet the credit needs of its assessment area(s) pursuant to
the following criteria:
(1) The bank's loan-to-deposit ratio, adjusted for seasonal
variation and, as appropriate, other lending-related activities, such as
loan originations for sale to the secondary markets, community
development loans, or qualified investments;
(2) The percentage of loans and, as appropriate, other lending-
related activities located in the bank's assessment area(s);
(3) The bank's record of lending to and, as appropriate, engaging in
other lending-related activities for borrowers of different income
levels and businesses and farms of different sizes;
(4) The geographic distribution of the bank's loans; and
(5) The bank's record of taking action, if warranted, in response to
written complaints about its performance in helping to meet credit needs
in its assessment area(s).
(b) Small bank performance rating. The Board rates the performance
of a bank evaluated under this section as provided in Appendix A of this
part.
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Sec. 228.27 Strategic plan. |
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Subpart B--Standards for Assessing Performance
(a) Alternative election. The Board will assess a bank's record of
helping to meet the credit needs of its assessment area(s) under a
strategic plan if:
[[Page 463]]
(1) The bank has submitted the plan to the Board as provided for in
this section;
(2) The Board has approved the plan;
(3) The plan is in effect; and
(4) The bank has been operating under an approved plan for at least
one year.
(b) Data reporting. The Board's approval of a plan does not affect
the bank's obligation, if any, to report data as required by
Sec. 228.42.
(c) Plans in general--(1) Term. A plan may have a term of no more
than five years, and any multi-year plan must include annual interim
measurable goals under which the Board will evaluate the bank's
performance.
(2) Multiple assessment areas. A bank with more than one assessment
area may prepare a single plan for all of its assessment areas or one or
more plans for one or more of its assessment areas.
(3) Treatment of affiliates. Affiliated institutions may prepare a
joint plan if the plan provides measurable goals for each institution.
Activities may be allocated among institutions at the institutions'
option, provided that the same activities are not considered for more
than one institution.
(d) Public participation in plan development. Before submitting a
plan to the Board for approval, a bank shall:
(1) Informally seek suggestions from members of the public in its
assessment area(s) covered by the plan while developing the plan;
(2) Once the bank has developed a plan, formally solicit public
comment on the plan for at least 30 days by publishing notice in at
least one newspaper of general circulation in each assessment area
covered by the plan; and
(3) During the period of formal public comment, make copies of the
plan available for review by the public at no cost at all offices of the
bank in any assessment area covered by the plan and provide copies of
the plan upon request for a reasonable fee to cover copying and mailing,
if applicable.
(e) Submission of plan. The bank shall submit its plan to the Board
at least three months prior to the proposed effective date of the plan.
The bank shall also submit with its plan a description of its informal
efforts to seek suggestions from members of the public, any written
public comment received, and, if the plan was revised in light of the
comment received, the initial plan as released for public comment.
(f) Plan content--(1) Measurable goals. (i) A bank shall specify in
its plan measurable goals for helping to meet the credit needs of each
assessment area covered by the plan, particularly the needs of low- and
moderate-income geographies and low- and moderate-income individuals,
through lending, investment, and services, as appropriate.
(ii) A bank shall address in its plan all three performance
categories and, unless the bank has been designated as a wholesale or
limited purpose bank, shall emphasize lending and lending-related
activities. Nevertheless, a different emphasis, including a focus on one
or more performance categories, may be appropriate if responsive to the
characteristics and credit needs of its assessment area(s), considering
public comment and the bank's capacity and constraints, product
offerings, and business strategy.
(2) Confidential information. A bank may submit additional
information to the Board on a confidential basis, but the goals stated
in the plan must be sufficiently specific to enable the public and the
Board to judge the merits of the plan.
(3) Satisfactory and outstanding goals. A bank shall specify in its
plan measurable goals that constitute ``satisfactory'' performance. A
plan may specify measurable goals that constitute ``outstanding''
performance. If a bank submits, and the Board approves, both
``satisfactory'' and ``outstanding'' performance goals, the Board will
consider the bank eligible for an ``outstanding'' performance rating.
(4) Election if satisfactory goals not substantially met. A bank may
elect in its plan that, if the bank fails to meet substantially its plan
goals for a satisfactory rating, the Board will evaluate the bank's
performance under the lending, investment, and service tests, the
community development test, or the small bank performance standards, as
appropriate.
(g) Plan approval--(1) Timing. The Board will act upon a plan within
60 calendar days after the Board receives the complete plan and other
material
[[Page 464]]
required under paragraph (d) of this section. If the Board fails to act
within this time period, the plan shall be deemed approved unless the
Board extends the review period for good cause.
(2) Public participation. In evaluating the plan's goals, the Board
considers the public's involvement in formulating the plan, written
public comment on the plan, and any response by the bank to public
comment on the plan.
(3) Criteria for evaluating plan. The Board evaluates a plan's
measurable goals using the following criteria, as appropriate:
(i) The extent and breadth of lending or lending-related activities,
including, as appropriate, the distribution of loans among different
geographies, businesses and farms of different sizes, and individuals of
different income levels, the extent of community development lending,
and the use of innovative or flexible lending practices to address
credit needs;
(ii) The amount and innovativeness, complexity, and responsiveness
of the bank's qualified investments; and
(iii) The availability and effectiveness of the bank's systems for
delivering retail banking services and the extent and innovativeness of
the bank's community development services.
(h) Plan amendment. During the term of a plan, a bank may request
the Board to approve an amendment to the plan on grounds that there has
been a material change in circumstances. The bank shall develop an
amendment to a previously approved plan in accordance with the public
participation requirements of paragraph (d) of this section.
(i) Plan assessment. The Board approves the goals and assesses
performance under a plan as provided for in Appendix A of this part.
[Reg. BB, 60 FR 22193, May 4, 1995, as amended at 60 FR 66050, Dec. 20,
1995]
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Sec. 228.28 Assigned ratings. |
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Subpart B--Standards for Assessing Performance
(a) Ratings in general. Subject to paragraphs (b) and (c) of this
section, the Board assigns to a bank a rating of ``outstanding,''
``satisfactory,'' ``needs to improve,'' or ``substantial noncompliance''
based on the bank's performance under the lending, investment and
service tests, the community development test, the small bank
performance standards, or an approved strategic plan, as applicable.
(b) Lending, investment, and service tests. The Board assigns a
rating for a bank assessed under the lending, investment, and service
tests in accordance with the following principles:
(1) A bank that receives an ``outstanding'' rating on the lending
test receives an assigned rating of at least ``satisfactory'';
(2) A bank that receives an ``outstanding'' rating on both the
service test and the investment test and a rating of at least ``high
satisfactory'' on the lending test receives an assigned rating of
``outstanding''; and
(3) No bank may receive an assigned rating of ``satisfactory'' or
higher unless it receives a rating of at least ``low satisfactory'' on
the lending test.
(c) Effect of evidence of discriminatory or other illegal credit
practices. Evidence of discriminatory or other illegal credit practices
adversely affects the Board's evaluation of a bank's performance. In
determining the effect on the bank's assigned rating, the Board
considers the nature and extent of the evidence, the policies and
procedures that the bank has in place to prevent discriminatory or other
illegal credit practices, any corrective action that the bank has taken
or has committed to take, particularly voluntary corrective action
resulting from self-assessment, and other relevant information.
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Sec. 228.29 Effect of CRA performance on applications. |
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Subpart B--Standards for Assessing Performance
(a) CRA performance. Among other factors, the Board takes into
account the record of performance under the CRA of:
(1) Each applicant bank for the:
(i) Establishment of a domestic branch by a State member bank; and
(ii) Merger, consolidation, acquisition of assets, or assumption of
liabilities requiring approval under the Bank Merger Act (12 U.S.C.
1828(c)) if the acquiring, assuming, or resulting bank is to be a State
member bank; and
(2) Each insured depository institution (as defined in 12 U.S.C.
1813) controlled by an applicant and subsidiary
[[Page 465]]
bank or savings association proposed to be controlled by an applicant:
(i) To become a bank holding company in a transaction that requires
approval under section 3 of the Bank Holding Company Act (12 U.S.C.
1842);
(ii) To acquire ownership or control of shares or all or
substantially all of the assets of a bank, to cause a bank to become a
subsidiary of a bank holding company, or to merge or consolidate a bank
holding company with any other bank holding company in a transaction
that requires approval under section 3 of the Bank Holding Company Act
(12 U.S.C. 1842); and
(iii) To own, control or operate a savings association in a
transaction that requires approval under section 4 of the Bank Holding
Company Act (12 U.S.C. 1843).
(b) Interested parties. In considering CRA performance in an
application described in paragraph (a) of this section, the Board takes
into account any views expressed by interested parties that are
submitted in accordance with the Board's Rules of Procedure set forth in
part 262 of this chapter.
(c) Denial or conditional approval of application. A bank's record
of performance may be the basis for denying or conditioning approval of
an application listed in paragraph (a) of this section.
(d) Definitions. For purposes of paragraph (a)(2) of this section,
``bank,'' ``bank holding company,'' ``subsidiary,'' and ``savings
association'' have the meanings given to those terms in section 2 of the
Bank Holding Company Act (12 U.S.C. 1841).
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Sec. 228.41 Assessment area delineation. |
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Subpart C--Records, Reporting, and Disclosure Requirements
Source: Reg. BB, 60 FR 22195, May 4, 1995, unless otherwise noted.
(a) In general. A bank shall delineate one or more assessment areas
within which the Board evaluates the bank's record of helping to meet
the credit needs of its community. The Board does not evaluate the
bank's delineation of its assessment area(s) as a separate performance
criterion, but the Board reviews the delineation for compliance with the
requirements of this section.
(b) Geographic area(s) for wholesale or limited purpose banks. The
assessment area(s) for a wholesale or limited purpose bank must consist
generally of one or more MSAs (using the MSA boundaries that were in
effect as of January 1 of the calendar year in which the delineation is
made) or one or more contiguous political subdivisions, such as
counties, cities, or towns, in which the bank has its main office,
branches, and deposit-taking ATMs.
(c) Geographic area(s) for other banks. The assessment area(s) for a
bank other than a wholesale or limited purpose bank must:
(1) Consist generally of one or more MSAs (using the MSA boundaries
that were in effect as of January 1 of the calendar year in which the
delineation is made) or one or more contiguous political subdivisions,
such as counties, cities, or towns; and
(2) Include the geographies in which the bank has its main office,
its branches, and its deposit-taking ATMs, as well as the surrounding
geographies in which the bank has originated or purchased a substantial
portion of its loans (including home mortgage loans, small business and
small farm loans, and any other loans the bank chooses, such as those
consumer loans on which the bank elects to have its performance
assessed).
(d) Adjustments to geographic area(s). A bank may adjust the
boundaries of its assessment area(s) to include only the portion of a
political subdivision that it reasonably can be expected to serve. An
adjustment is particularly appropriate in the case of an assessment area
that otherwise would be extremely large, of unusual configuration, or
divided by significant geographic barriers.
(e) Limitations on the delineation of an assessment area. Each
bank's assessment area(s):
(1) Must consist only of whole geographies;
(2) May not reflect illegal discrimination;
[[Page 466]]
(3) May not arbitrarily exclude low- or moderate-income geographies,
taking into account the bank's size and financial condition; and
(4) May not extend substantially beyond a CMSA boundary or beyond a
state boundary unless the assessment area is located in a multistate
MSA. If a bank serves a geographic area that extends substantially
beyond a state boundary, the bank shall delineate separate assessment
areas for the areas in each state. If a bank serves a geographic area
that extends substantially beyond a CMSA boundary, the bank shall
delineate separate assessment areas for the areas inside and outside the
CMSA.
(f) Banks serving military personnel. Notwithstanding the
requirements of this section, a bank whose business predominantly
consists of serving the needs of military personnel or their dependents
who are not located within a defined geographic area may delineate its
entire deposit customer base as its assessment area.
(g) Use of assessment area(s). The Board uses the assessment area(s)
delineated by a bank in its evaluation of the bank's CRA performance
unless the Board determines that the assessment area(s) do not comply
with the requirements of this section.
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Subpart C--Records, Reporting, and Disclosure Requirements
(a) Loan information required to be collected and maintained. A
bank, except a small bank, shall collect, and maintain in machine
readable form (as prescribed by the Board) until the completion of its
next CRA examination, the following data for each small business or
small farm loan originated or purchased by the bank:
(1) A unique number or alpha-numeric symbol that can be used to
identify the relevant loan file;
(2) The loan amount at origination;
(3) The loan location; and
(4) An indicator whether the loan was to a business or farm with
gross annual revenues of $1 million or less.
(b) Loan information required to be reported. A bank, except a small
bank or a bank that was a small bank during the prior calendar year,
shall report annually by March 1 to the Board in machine readable form
(as prescribed by the Board) the following data for the prior calendar
year:
(1) Small business and small farm loan data. For each geography in
which the bank originated or purchased a small business or small farm
loan, the aggregate number and amount of loans:
(i) With an amount at origination of $100,000 or less;
(ii) With amount at origination of more than $100,000 but less than
or equal to $250,000;
(iii) With an amount at origination of more than $250,000; and
(iv) To businesses and farms with gross annual revenues of $1
million or less (using the revenues that the bank considered in making
its credit decision);
(2) Community development loan data. The aggregate number and
aggregate amount of community development loans originated or purchased;
and
(3) Home mortgage loans. If the bank is subject to reporting under
part 203 of this chapter, the location of each home mortgage loan
application, origination, or purchase outside the MSAs in which the bank
has a home or branch office (or outside any MSA) in accordance with the
requirements of part 203 of this chapter.
(c) Optional data collection and maintenance--(1) Consumer loans. A
bank may collect and maintain in machine readable form (as prescribed by
the Board) data for consumer loans originated or purchased by the bank
for consideration under the lending test. A bank may maintain data for
one or more of the following categories of consumer loans: motor
vehicle, credit card, home equity, other secured, and other unsecured.
If the bank maintains data for loans in a certain category, it shall
maintain data for all loans originated or purchased within that
category. The bank shall maintain data separately for each category,
including for each loan:
(i) A unique number or alpha-numeric symbol that can be used to
identify the relevant loan file;
(ii) The loan amount at origination or purchase;
(iii) The loan location; and
[[Page 467]]
(iv) The gross annual income of the borrower that the bank
considered in making its credit decision.
(2) Other loan data. At its option, a bank may provide other
information concerning its lending performance, including additional
loan distribution data.
(d) Data on affiliate lending. A bank that elects to have the Board
consider loans by an affiliate, for purposes of the lending or community
development test or an approved strategic plan, shall collect, maintain,
and report for those loans the data that the bank would have collected,
maintained, and reported pursuant to paragraphs (a), (b), and (c) of
this section had the loans been originated or purchased by the bank. For
home mortgage loans, the bank shall also be prepared to identify the
home mortgage loans reported under part 203 of this chapter by the
affiliate.
(e) Data on lending by a consortium or a third party. A bank that
elects to have the Board consider community development loans by a
consortium or third party, for purposes of the lending or community
development tests or an approved strategic plan, shall report for those
loans the data that the bank would have reported under paragraph (b)(2)
of this section had the loans been originated or purchased by the bank.
(f) Small banks electing evaluation under the lending, investment,
and service tests. A bank that qualifies for evaluation under the small
bank performance standards but elects evaluation under the lending,
investment, and service tests shall collect, maintain, and report the
data required for other banks pursuant to paragraphs (a) and (b) of this
section.
(g) Assessment area data. A bank, except a small bank or a bank that
was a small bank during the prior calendar year, shall collect and
report to the Board by March 1 of each year a list for each assessment
area showing the geographies within the area.
(h) CRA Disclosure Statement. The Board prepares annually for each
bank that reports data pursuant to this section a CRA Disclosure
Statement that contains, on a state-by-state basis:
(1) For each county (and for each assessment area smaller than a
county) with a population of 500,000 persons or fewer in which the bank
reported a small business or small farm loan:
(i) The number and amount of small business and small farm loans
reported as originated or purchased located in low-, moderate-, middle-,
and upper-income geographies;
(ii) A list grouping each geography according to whether the
geography is low-, moderate-, middle-, or upper-income;
(iii) A list showing each geography in which the bank reported a
small business or small farm loan; and
(iv) The number and amount of small business and small farm loans to
businesses and farms with gross annual revenues of $1 million or less;
(2) For each county (and for each assessment area smaller than a
county) with a population in excess of 500,000 persons in which the bank
reported a small business or small farm loan:
(i) The number and amount of small business and small farm loans
reported as originated or purchased located in geographies with median
income relative to the area median income of less than 10 percent, 10 or
more but less than 20 percent, 20 or more but less than 30 percent, 30
or more but less than 40 percent, 40 or more but less than 50 percent,
50 or more but less than 60 percent, 60 or more but less than 70
percent, 70 or more but less than 80 percent, 80 or more but less than
90 percent, 90 or more but less than 100 percent, 100 or more but less
than 110 percent, 110 or more but less than 120 percent, and 120 percent
or more;
(ii) A list grouping each geography in the county or assessment area
according to whether the median income in the geography relative to the
area median income is less than 10 percent, 10 or more but less than 20
percent, 20 or more but less than 30 percent, 30 or more but less than
40 percent, 40 or more but less than 50 percent, 50 or more but less
than 60 percent, 60 or more but less than 70 percent, 70 or more but
less than 80 percent, 80 or more but less than 90 percent, 90 or more
but less than 100 percent, 100 or more but less than 110 percent, 110 or
more but less than 120 percent, and 120 percent or more;
[[Page 468]]
(iii) A list showing each geography in which the bank reported a
small business or small farm loan; and
(iv) The number and amount of small business and small farm loans to
businesses and farms with gross annual revenues of $1 million or less;
(3) The number and amount of small business and small farm loans
located inside each assessment area reported by the bank and the number
and amount of small business and small farm loans located outside the
assessment area(s) reported by the bank; and
(4) The number and amount of community development loans reported as
originated or purchased.
(i) Aggregate disclosure statements. The Board, in conjunction with
the Office of the Comptroller of the Currency, the Federal Deposit
Insurance Corporation, and the Office of Thrift Supervision, prepares
annually, for each MSA (including an MSA that crosses a state boundary)
and the non-MSA portion of each state, an aggregate disclosure statement
of small business and small farm lending by all institutions subject to
reporting under this part or parts 25, 345, or 563e of this title. These
disclosure statements indicate, for each geography, the number and
amount of all small business and small farm loans originated or
purchased by reporting institutions, except that the Board may adjust
the form of the disclosure if necessary, because of special
circumstances, to protect the privacy of a borrower or the competitive
position of an institution.
(j) Central data depositories. The Board makes the aggregate
disclosure statements, described in paragraph (i) of this section, and
the individual bank CRA Disclosure Statements, described in paragraph
(h) of this section, available to the public at central data
depositories. The Board publishes a list of the depositories at which
the statements are available.
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Sec. 228.43 Content and availability of public file. |
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Subpart C--Records, Reporting, and Disclosure Requirements
(a) Information available to the public. A bank shall maintain a
public file that includes the following information:
(1) All written comments received from the public for the current
year and each of the prior two calendar years that specifically relate
to the bank's performance in helping to meet community credit needs, and
any response to the comments by the bank, if neither the comments nor
the responses contain statements that reflect adversely on the good name
or reputation of any persons other than the bank or publication of which
would violate specific provisions of law;
(2) A copy of the public section of the bank's most recent CRA
Performance Evaluation prepared by the Board. The bank shall place this
copy in the public file within 30 business days after its receipt from
the Board;
(3) A list of the bank's branches, their street addresses, and
geographies;
(4) A list of branches opened or closed by the bank during the
current year and each of the prior two calendar years, their street
addresses, and geographies;
(5) A list of services (including hours of operation, available loan
and deposit products, and transaction fees) generally offered at the
bank's branches and descriptions of material differences in the
availability or cost of services at particular branches, if any. At its
option, a bank may include information regarding the availability of
alternative systems for delivering retail banking services (e.g., ATMs,
ATMs not owned or operated by or exclusively for the bank, banking by
telephone or computer, loan production offices, and bank-at-work or
bank-by-mail programs);
(6) A map of each assessment area showing the boundaries of the area
and identifying the geographies contained within the area, either on the
map or in a separate list; and
(7) Any other information the bank chooses.
(b) Additional information available to the public--(1) Banks other
than small banks. A bank, except a small bank or a bank that was a small
bank during the prior calendar year, shall include in its public file
the following information pertaining to the bank and its affiliates, if
applicable, for each of the prior two calendar years:
(i) If the bank has elected to have one or more categories of its
consumer loans considered under the lending
[[Page 469]]
test, for each of these categories, the number and amount of loans:
(A) To low-, moderate-, middle-, and upper-income individuals;
(B) Located in low-, moderate-, middle-, and upper-income census
tracts; and
(C) Located inside the bank's assessment area(s) and outside the
bank's assessment area(s); and
(ii) The bank's CRA Disclosure Statement. The bank shall place the
statement in the public file within three business days of its receipt
from the Board.
(2) Banks required to report Home Mortgage Disclosure Act (HMDA)
data. A bank required to report home mortgage loan data pursuant to part
203 of this chapter shall include in its public file a copy of the HMDA
Disclosure Statement provided by the Federal Financial Institutions
Examination Council pertaining to the bank for each of the prior two
calendar years. In addition, a bank that elected to have the Board
consider the mortgage lending of an affiliate for any of these years
shall include in its public file the affiliate's HMDA Disclosure
Statement for those years. The bank shall place the statement(s) in the
public file within three business days after its receipt.
(3) Small banks. A small bank or a bank that was a small bank during
the prior calendar year shall include in its public file:
(i) The bank's loan-to-deposit ratio for each quarter of the prior
calendar year and, at its option, additional data on its loan-to-deposit
ratio; and
(ii) The information required for other banks by paragraph (b)(1) of
this section, if the bank has elected to be evaluated under the lending,
investment, and service tests.
(4) Banks with strategic plans. A bank that has been approved to be
assessed under a strategic plan shall include in its public file a copy
of that plan. A bank need not include information submitted to the Board
on a confidential basis in conjunction with the plan.
(5) Banks with less than satisfactory ratings. A bank that received
a less than satisfactory rating during its most recent examination shall
include in its public file a description of its current efforts to
improve its performance in helping to meet the credit needs of its
entire community. The bank shall update the description quarterly.
(c) Location of public information. A bank shall make available to
the public for inspection upon request and at no cost the information
required in this section as follows:
(1) At the main office and, if an interstate bank, at one branch
office in each state, all information in the public file; and
(2) At each branch:
(i) A copy of the public section of the bank's most recent CRA
Performance Evaluation and a list of services provided by the branch;
and
(ii) Within five calendar days of the request, all the information
in the public file relating to the assessment area in which the branch
is located.
(d) Copies. Upon request, a bank shall provide copies, either on
paper or in another form acceptable to the person making the request, of
the information in its public file. The bank may charge a reasonable fee
not to exceed the cost of copying and mailing (if applicable).
(e) Updating. Except as otherwise provided in this section, a bank
shall ensure that the information required by this section is current as
of April 1 of each year.
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Sec. 228.44 Public notice by banks. |
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Subpart C--Records, Reporting, and Disclosure Requirements
A bank shall provide in the public lobby of its main office and each
of its branches the appropriate public notice set forth in Appendix B of
this part. Only a branch of a bank having more than one assessment area
shall include the bracketed material in the notice for branch offices.
Only a bank that is an affiliate of a holding company shall include the
next to the last sentence of the notices. A bank shall include the last
sentence of the notices only if it is an affiliate of a holding company
that is not prevented by statute from acquiring additional banks.
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Sec. 228.45 Publication of planned examination schedule. |
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Subpart C--Records, Reporting, and Disclosure Requirements
The Board publishes at least 30 days in advance of the beginning of
each calendar quarter a list of banks scheduled for CRA examinations in
that quarter.
[[Page 470]]
Appendix A to Part 228--Ratings
Return to top>
(a) Ratings in general. (1) In assigning a rating, the Board
evaluates a bank's performance under the applicable performance criteria
in this part, in accordance with Sec. 228.21, and Sec. 228.28, which
provides for adjustments on the basis of evidence of discriminatory or
other illegal credit practices.
(2) A bank's performance need not fit each aspect of a particular
rating profile in order to receive that rating, and exceptionally strong
performance with respect to some aspects may compensate for weak
performance in others. The bank's overall performance, however, must be
consistent with safe and sound banking practices and generally with the
appropriate rating profile as follows.
(b) Banks evaluated under the lending, investment, and service
tests--(1) Lending performance rating. The Board assigns each bank's
lending performance one of the five following ratings.
(i) Outstanding. The Board rates a bank's lending performance
``outstanding'' if, in general, it demonstrates:
(A) Excellent responsiveness to credit needs in its assessment
area(s), taking into account the number and amount of home mortgage,
small business, small farm, and consumer loans, if applicable, in its
assessment area(s);
(B) A substantial majority of its loans are made in its assessment
area(s);
(C) An excellent geographic distribution of loans in its assessment
area(s);
(D) An excellent distribution, particularly in its assessment
area(s), of loans among individuals of different income levels and
businesses (including farms) of different sizes, given the product lines
offered by the bank;
(E) An excellent record of serving the credit needs of highly
economically disadvantaged areas in its assessment area(s), low-income
individuals, or businesses (including farms) with gross annual revenues
of $1 million or less, consistent with safe and sound operations;
(F) Extensive use of innovative or flexible lending practices in a
safe and sound manner to address the credit needs of low- or moderate-
income individuals or geographies; and
(G) It is a leader in making community development loans.
(ii) High satisfactory. The Board rates a bank's lending performance
``high satisfactory'' if, in general, it demonstrates:
(A) Good responsiveness to credit needs in its assessment area(s),
taking into account the number and amount of home mortgage, small
business, small farm, and consumer loans, if applicable, in its
assessment area(s);
(B) A high percentage of its loans are made in its assessment
area(s);
(C) A good geographic distribution of loans in its assessment
area(s);
(D) A good distribution, particularly in its assessment area(s), of
loans among individuals of different income levels and businesses
(including farms) of different sizes, given the product lines offered by
the bank;
(E) A good record of serving the credit needs of highly economically
disadvantaged areas in its assessment area(s), low-income individuals,
or businesses (including farms) with gross annual revenues of $1 million
or less, consistent with safe and sound operations;
(F) Use of innovative or flexible lending practices in a safe and
sound manner to address the credit needs of low- or moderate-income
individuals or geographies; and
(G) It has made a relatively high level of community development
loans.
(iii) Low satisfactory. The Board rates a bank's lending performance
``low satisfactory'' if, in general, it demonstrates:
(A) Adequate responsiveness to credit needs in its assessment
area(s), taking into account the number and amount of home mortgage,
small business, small farm, and consumer loans, if applicable, in its
assessment area(s);
(B) An adequate percentage of its loans are made in its assessment
area(s);
(C) An adequate geographic distribution of loans in its assessment
area(s);
(D) An adequate distribution, particularly in its assessment
area(s), of loans among individuals of different income levels and
businesses (including farms) of different sizes, given the product lines
offered by the bank;
(E) An adequate record of serving the credit needs of highly
economically disadvantaged areas in its assessment area(s), low-income
individuals, or businesses (including farms) with gross annual revenues
of $1 million or less, consistent with safe and sound operations;
(F) Limited use of innovative or flexible lending practices in a
safe and sound manner to address the credit needs of low- or moderate-
income individuals or geographies; and
(G) It has made an adequate level of community development loans.
(iv) Needs to improve. The Board rates a bank's lending performance
``needs to improve'' if, in general, it demonstrates:
(A) Poor responsiveness to credit needs in its assessment area(s),
taking into account the number and amount of home mortgage, small
business, small farm, and consumer loans, if applicable, in its
assessment area(s);
(B) A small percentage of its loans are made in its assessment
area(s);
(C) A poor geographic distribution of loans, particularly to low- or
moderate-income geographies, in its assessment area(s);
(D) A poor distribution, particularly in its assessment area(s), of
loans among individuals of different income levels and businesses
(including farms) of different sizes, given the product lines offered by
the bank;
[[Page 471]]
(E) A poor record of serving the credit needs of highly economically
disadvantaged areas in its assessment area(s), low-income individuals,
or businesses (including farms) with gross annual revenues of $1 million
or less, consistent with safe and sound operations;
(F) Little use of innovative or flexible lending practices in a safe
and sound manner to address the credit needs of low- or moderate-income
individuals or geographies; and
(G) It has made a low level of community development loans.
(v) Substantial noncompliance. The Board rates a bank's lending
performance as being in ``substantial noncompliance'' if, in general, it
demonstrates:
(A) A very poor responsiveness to credit needs in its assessment
area(s), taking into account the number and amount of home mortgage,
small business, small farm, and consumer loans, if applicable, in its
assessment area(s);
(B) A very small percentage of its loans are made in its assessment
area(s);
(C) A very poor geographic distribution of loans, particularly to
low- or moderate-income geographies, in its assessment area(s);
(D) A very poor distribution, particularly in its assessment
area(s), of loans among individuals of different income levels and
businesses (including farms) of different sizes, given the product lines
offered by the bank;
(E) A very poor record of serving the credit needs of highly
economically disadvantaged areas in its assessment area(s), low-income
individuals, or businesses (including farms) with gross annual revenues
of $1 million or less, consistent with safe and sound operations;
(F) No use of innovative or flexible lending practices in a safe and
sound manner to address the credit needs of low- or moderate-income
individuals or geographies; and
(G) It has made few, if any, community development loans.
(2) Investment performance rating. The Board assigns each bank's
investment performance one of the five following ratings.
(i) Outstanding. The Board rates a bank's investment performance
``outstanding'' if, in general, it demonstrates:
(A) An excellent level of qualified investments, particularly those
that are not routinely provided by private investors, often in a
leadership position;
(B) Extensive use of innovative or complex qualified investments;
and
(C) Excellent responsiveness to credit and community development
needs.
(ii) High satisfactory. The Board rates a bank's investment
performance ``high satisfactory'' if, in general, it demonstrates:
(A) A significant level of qualified investments, particularly those
that are not routinely provided by private investors, occasionally in a
leadership position;
(B) Significant use of innovative or complex qualified investments;
and
(C) Good responsiveness to credit and community development needs.
(iii) Low satisfactory. The Board rates a bank's investment
performance ``low satisfactory'' if, in general, it demonstrates:
(A) An adequate level of qualified investments, particularly those
that are not routinely provided by private investors, although rarely in
a leadership position;
(B) Occasional use of innovative or complex qualified investments;
and
(C) Adequate responsiveness to credit and community development
needs.
(iv) Needs to improve. The Board rates a bank's investment
performance ``needs to improve'' if, in general, it demonstrates:
(A) A poor level of qualified investments, particularly those that
are not routinely provided by private investors;
(B) Rare use of innovative or complex qualified investments; and
(C) Poor responsiveness to credit and community development needs.
(v) Substantial noncompliance. The Board rates a bank's investment
performance as being in ``substantial noncompliance'' if, in general, it
demonstrates:
(A) Few, if any, qualified investments, particularly those that are
not routinely provided by private investors;
(B) No use of innovative or complex qualified investments; and
(C) Very poor responsiveness to credit and community development
needs.
(3) Service performance rating. The Board assigns each bank's
service performance one of the five following ratings.
(i) Outstanding. The Board rates a bank's service performance
``outstanding'' if, in general, the bank demonstrates:
(A) Its service delivery systems are readily accessible to
geographies and individuals of different income levels in its assessment
area(s);
(B) To the extent changes have been made, its record of opening and
closing branches has improved the accessibility of its delivery systems,
particularly in low- or moderate-income geographies or to low- or
moderate-income individuals;
(C) Its services (including, where appropriate, business hours) are
tailored to the convenience and needs of its assessment area(s),
particularly low- or moderate-income geographies or low- or moderate-
income individuals; and
(D) It is a leader in providing community development services.
(ii) High satisfactory. The Board rates a bank's service performance
``high satisfactory'' if, in general, the bank demonstrates:
(A) Its service delivery systems are accessible to geographies and
individuals of different income levels in its assessment area(s);
[[Page 472]]
(B) To the extent changes have been made, its record of opening and
closing branches has not adversely affected the accessibility of its
delivery systems, particularly in low- and moderate-income geographies
and to low- and moderate-income individuals;
(C) Its services (including, where appropriate, business hours) do
not vary in a way that inconveniences its assessment area(s),
particularly low- and moderate-income geographies and low- and moderate-
income individuals; and
(D) It provides a relatively high level of community development
services.
(iii) Low satisfactory. The Board rates a bank's service performance
``low satisfactory'' if, in general, the bank demonstrates:
(A) Its service delivery systems are reasonably accessible to
geographies and individuals of different income levels in its assessment
area(s);
(B) To the extent changes have been made, its record of opening and
closing branches has generally not adversely affected the accessibility
of its delivery systems, particularly in low- and moderate-income
geographies and to low- and moderate-income individuals;
(C) Its services (including, where appropriate, business hours) do
not vary in a way that inconveniences its assessment area(s),
particularly low- and moderate-income geographies and low- and moderate-
income individuals; and
(D) It provides an adequate level of community development services.
(iv) Needs to improve. The Board rates a bank's service performance
``needs to improve'' if, in general, the bank demonstrates:
(A) Its service delivery systems are unreasonably inaccessible to
portions of its assessment area(s), particularly to low- or moderate-
income geographies or to low- or moderate-income individuals;
(B) To the extent changes have been made, its record of opening and
closing branches has adversely affected the accessibility its delivery
systems, particularly in low- or moderate-income geographies or to low-
or moderate-income individuals;
(C) Its services (including, where appropriate, business hours) vary
in a way that inconveniences its assessment area(s), particularly low-
or moderate-income geographies or low- or moderate-income individuals;
and
(D) It provides a limited level of community development services.
(v) Substantial noncompliance. The Board rates a bank's service
performance as being in ``substantial noncompliance'' if, in general,
the bank demonstrates:
(A) Its service delivery systems are unreasonably inaccessible to
significant portions of its assessment area(s), particularly to low- or
moderate-income geographies or to low- or moderate-income individuals;
(B) To the extent changes have been made, its record of opening and
closing branches has significantly adversely affected the accessibility
of its delivery systems, particularly in low- or moderate-income
geographies or to low- or moderate-income individuals;
(C) Its services (including, where appropriate, business hours) vary
in a way that significantly inconveniences its assessment area(s),
particularly low- or moderate-income geographies or low- or moderate-
income individuals; and
(D) It provides few, if any, community development services.
(c) Wholesale or limited purpose banks. The Board assigns each
wholesale or limited purpose bank's community development performance
one of the four following ratings.
(1) Outstanding. The Board rates a wholesale or limited purpose
bank's community development performance ``outstanding'' if, in general,
it demonstrates:
(i) A high level of community development loans, community
development services, or qualified investments, particularly investments
that are not routinely provided by private investors;
(ii) Extensive use of innovative or complex qualified investments,
community development loans, or community development services; and
(iii) Excellent responsiveness to credit and community development
needs in its assessment area(s).
(2) Satisfactory. The Board rates a wholesale or limited purpose
bank's community development performance ``satisfactory'' if, in
general, it demonstrates:
(i) An adequate level of community development loans, community
development services, or qualified investments, particularly investments
that are not routinely provided by private investors;
(ii) Occasional use of innovative or complex qualified investments,
community development loans, or community development services; and
(iii) Adequate responsiveness to credit and community development
needs in its assessment area(s).
(3) Needs to improve. The Board rates a wholesale or limited purpose
bank's community development performance as ``needs to improve'' if, in
general, it demonstrates:
(i) A poor level of community development loans, community
development services, or qualified investments, particularly investments
that are not routinely provided by private investors;
(ii) Rare use of innovative or complex qualified investments,
community development loans, or community development services; and
(iii) Poor responsiveness to credit and community development needs
in its assessment area(s).
[[Page 473]]
(4) Substantial noncompliance. The Board rates a wholesale or
limited purpose bank's community development performance in
``substantial noncompliance'' if, in general, it demonstrates:
(i) Few, if any, community development loans, community development
services, or qualified investments, particularly investments that are
not routinely provided by private investors;
(ii) No use of innovative or complex qualified investments,
community development loans, or community development services; and
(iii) Very poor responsiveness to credit and community development
needs in its assessment area(s).
(d) Banks evaluated under the small bank performance standards. The
Board rates the performance of each bank evaluated under the small bank
performance standards as follows.
(1) Eligibility for a satisfactory rating. The Board rates a bank's
performance ``satisfactory'' if, in general, the bank demonstrates:
(i) A reasonable loan-to-deposit ratio (considering seasonal
variations) given the bank's size, financial condition, the credit needs
of its assessment area(s), and taking into account, as appropriate,
lending-related activities such as loan originations for sale to the
secondary markets and community development loans and qualified
investments;
(ii) A majority of its loans and, as appropriate, other lending-
related activities are in its assessment area(s);
(iii) A distribution of loans to and, as appropriate, other lending
related-activities for individuals of different income levels (including
low- and moderate-income individuals) and businesses and farms of
different sizes that is reasonable given the demographics of the bank's
assessment area(s);
(iv) A record of taking appropriate action, as warranted, in
response to written complaints, if any, about the bank's performance in
helping to meet the credit needs of its assessment area(s); and
(v) A reasonable geographic distribution of loans given the bank's
assessment area(s).
(2) Eligibility for an outstanding rating. A bank that meets each of
the standards for a ``satisfactory'' rating under this paragraph and
exceeds some or all of those standards may warrant consideration for an
overall rating of ``outstanding.'' In assessing whether a bank's
performance is ``outstanding,'' the Board considers the extent to which
the bank exceeds each of the performance standards for a
``satisfactory'' rating and its performance in making qualified
investments and its performance in providing branches and other services
and delivery systems that enhance credit availability in its assessment
area(s).
(3) Needs to improve or substantial noncompliance ratings. A bank
also may receive a rating of ``needs to improve'' or ``substantial
noncompliance'' depending on the degree to which its performance has
failed to meet the standards for a ``satisfactory'' rating.
(e) Strategic plan assessment and rating--(1) Satisfactory goals.
The Board approves as ``satisfactory'' measurable goals that adequately
help to meet the credit needs of the bank's assessment area(s).
(2) Outstanding goals. If the plan identifies a separate group of
measurable goals that substantially exceed the levels approved as
``satisfactory,'' the Board will approve those goals as ``outstanding.''
(3) Rating. The Board assesses the performance of a bank operating
under an approved plan to determine if the bank has met its plan goals:
(i) If the bank substantially achieves its plan goals for a
satisfactory rating, the Board will rate the bank's performance under
the plan as ``satisfactory.''
(ii) If the bank exceeds its plan goals for a satisfactory rating
and substantially achieves its plan goals for an outstanding rating, the
Board will rate the bank's performance under the plan as
``outstanding.''
(iii) If the bank fails to meet substantially its plan goals for a
satisfactory rating, the Board will rate the bank as either ``needs to
improve'' or ``substantial noncompliance,'' depending on the extent to
which it falls short of its plan goals, unless the bank elected in its
plan to be rated otherwise, as provided in Sec. 228.27(f)(4).
[Reg. BB, 60 FR 22198, May 4, 1995]
Appendix B to Part 228--CRA Notice
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(a) Notice for main offices and, if an interstate bank, one branch
office in each state.
Community Reinvestment Act Notice
Under the Federal Community Reinvestment Act (CRA), the Federal
Reserve Board (Board) evaluates our record of helping to meet the credit
needs of this community consistent with safe and sound operations. The
Board also takes this record into account when deciding on certain
applications submitted by us.
Your involvement is encouraged.
You are entitled to certain information about our operations and our
performance under the CRA, including, for example, information about our
branches, such as their location and services provided at them; the
public section of our most recent CRA Performance Evaluation, prepared
by the Federal Reserve Bank of ________ (Reserve Bank); and comments
received from the public relating to our performance in helping to meet
community credit needs, as well as our
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responses to those comments. You may review this information today.
At least 30 days before the beginning of each quarter, the Federal
Reserve System publishes a list of the banks that are scheduled for CRA
examination by the Reserve Bank in that quarter. This list is available
from (title of responsible official), Federal Reserve Bank of ________
(address). You may send written comments about our performance in
helping to meet community credit needs to (name and address of official
at bank) and (title of responsible official), Federal Reserve Bank of
________ (address). Your letter, together with any response by us, will
be considered by the Federal Reserve System in evaluating our CRA
performance and may be made public.
You may ask to look at any comments received by the Reserve Bank.
You may also request from the Reserve Bank an announcement of our
applications covered by the CRA filed with the Reserve Bank. We are an
affiliate of (name of holding company), a bank holding company. You may
request from (title of responsible official), Federal Reserve Bank of
________ (address) an announcement of applications covered by the CRA
filed by bank holding companies.
(b) Notice for branch offices.
Community Reinvestment Act Notice
Under the Federal Community Reinvestment Act (CRA), the Federal
Reserve Board (Board) evaluates our record of helping to meet the credit
needs of this community consistent with safe and sound operations. The
Board also takes this record into account when deciding on certain
applications submitted by us.
Your involvement is encouraged.
You are entitled to certain information about our operations and our
performance under the CRA. You may review today the public section of
our most recent CRA evaluation, prepared by the Federal Reserve Bank of
________ (address), and a list of services provided at this branch. You
may also have access to the following additional information, which we
will make available to you at this branch within five calendar days
after you make a request to us: (1) a map showing the assessment area
containing this branch, which is the area in which the Board evaluates
our CRA performance in this community; (2) information about our
branches in this assessment area; (3) a list of services we provide at
those locations; (4) data on our lending performance in this assessment
area; and (5) copies of all written comments received by us that
specifically relate to our CRA performance in this assessment area, and
any responses we have made to those comments. If we are operating under
an approved strategic plan, you may also have access to a copy of the
plan.
[If you would like to review information about our CRA performance
in other communities served by us, the public file for our entire bank
is available at (name of office located in state), located at
(address).]
At least 30 days before the beginning of each quarter, the Federal
Reserve System publishes a list of the banks that are scheduled for CRA
examination by the Reserve Bank in that quarter. This list is available
from (title of responsible official), Federal Reserve Bank of ________
(address). You may send written comments about our performance in
helping to meet community credit needs to (name and address of official
at bank) and (title of responsible official), Federal Reserve Bank of
________ (address). Your letter, together with any response by us, will
be considered by the Federal Reserve System in evaluating our CRA
performance and may be made public.
You may ask to look at any comments received by the Reserve Bank.
You may also request from the Reserve Bank an announcement of our
applications covered by the CRA filed with the Reserve Bank. We are an
affiliate of (name of holding company), a bank holding company. You may
request from (title of responsible official), Federal Reserve Bank of
________ (address) an announcement of applications covered by the CRA
filed by bank holding companies.
[Reg. BB, 60 FR 22200, May 4, 1995]
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