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2000 - Rules and Regulations
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PART 345COMMUNITY REINVESTMENT
Subpart AGeneral
345.11
Authority, purposes, and scope.
345.12
Definitions.
Subpart BStandards for Assessing Performance
345.21
Performance tests, standards, and ratings, in general.
345.22
Lending test.
345.23
Investment test.
345.24
Service test.
345.25
Community development test for wholesale or limited purpose banks.
345.26
Small bank performance standards.
345.27
Strategic plan.
345.28
Assigned ratings.
345.29
Effect of CRA performance on applications.
Subpart CRecords, Reporting, and Disclosure Requirements
345.41
Assessment area delineation.
345.42
Data collection, reporting, and disclosure.
345.43
Content and availability of public file.
345.44
Public notice by banks.
345.45
Publication of planned examination schedule.
Appendix A to Part
345Ratings
Appendix B to
Part 345CRA Notice
Interagency Questions and Answers
Regarding Community Reinvestment
AUTHORITY: 12 U.S.C. 1814--1817, 1819--1820, 1828, 1831u and
2901--2907, 3103--3104, and 3108(a).
SOURCE: The provisions of this Part 345 appear at 43 Fed. Reg.
47151, October 12, 1978, except as otherwise noted.
Subpart AGeneral
§ 345.11 Authority, purposes, and scope.
(a) Authority and OMB control
number--(1) Authority. The authority for this part is
12 U.S.C. 1814--1817, 1819--1820, 1828, 1831u and 2901--2907,
3103--3104, and 3108(a).
(2) OMB control number. The information collection
requirements contained in this part were approved by the Office of
Management and Budget under the provisions of 44 U.S.C. 3501 et
seq. and have been assigned OMB control number 3064--0092.
(b) Purposes. In enacting the Community Reinvestment Act
(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 Federal
Deposit Insurance Corporation (FDIC) 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 FDIC takes that record into account in
considering certain applications.
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(c) Scope--(1) General. Except for certain
special purpose banks described in paragraph (c)(3) of this section,
this part applies to all insured state nonmember banks, including
insured state branches as described in paragraph (c)(2) and any
uninsured state branch 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)).
(2) Insured state branches. Insured state branches are
branches of a foreign bank established and operating under the laws of
any state, the deposits of which are insured in accordance with the
provisions of the Federal Deposit Insurance Act. In the case of insured
state branches, references in this part to "main office" mean the
principal branch within the United States and the term "branch"
or "branches" refers to any insured state branch or branches
located within the United States. The "assessment area" of an
insured state branch is the community or communities located within the
United States served by the branch as described in § 345.41.
(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.
[Codified to 12 C.F.R. § 345.11]
[Section 345.11 added at 60 Fed. Reg. 22201, May 4, 1995, effective
July 1, 1995]
§ 345.12 Definitions.
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 for the metropolitan division, if a
person or geography is located in an MSA that has been subdivided into
metropolitan divisions; or
(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 § 345.41.
(d) Remote service facility (RSF) means an automated,
unstaffed banking facility owned or operated by, or operated
exclusively for, the bank, such as an automated teller machine, cash
dispensing machine, point-of-sale terminal, or other remote electronic
facility, at which deposits are received, cash dispersed, or money
lent.
(e) Bank means a state nonmember bank, as that term is
defined in section 3(e)(2) of the Federal Deposit Insurance Act, as
amended (FDIA) (12 U.S.C.
1813(e)(2)), with federally insured deposits, except as
provided in § 345.11(c). The term bank also includes an insured state
branch as defined in § 345.11(c).
[The page following this is 2786.01.]
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(f) CMSA means a consolidated metropolitan statistical
area as defined by the Director of the Office of Management and Budget.
(g) 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--
(i) Low-or moderate-income geographies;
(ii) Designated disaster areas; or
(iii) Distressed or underserved nonmetropolitan middle-income
geographies designated by the Board of Governors of the Federal Reserve
System, FDIC, and Office of the Comptroller of the Currency, based on--
(A) Rates of poverty, unemployment, and population loss; or
(B) Population size, density, and dispersion. Activities
revitalize and stabilize geographies designated based on population
size, density, and dispersion if they help to meet essential community
needs, including needs of low- and moderate-income individuals.
(h) 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 title); and
(ii) Benefits the bank's assessment area(s) or a broader
statewide or regional area that includes the bank's assessment area(s).
(i) 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 § 345.24(d).
(j) 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
§ 226.2 of this title;
(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.
(k) Geography means a census tract delineated by the
United States Bureau of the Census in the most recent decennial census.
(l) Home mortgage loan means a "home improvement
loan," "home purchase loan," or a "refinancing" as
defined in § 203.2 of this
title.
(m) 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.
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(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.
(n) 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 § 345.25(b).
(o) 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.
(p) 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.
(q) Metropolitan division means a metropolitan division
as defined by the Director of the Office of Management and Budget.
(r) MSA means a metropolitan statistical area as defined
by the Director of the Office of Management and Budget.
(s) Nonmetropolitan area means any area that is not
located in an MSA.
(t) Qualified investment means a lawful investment,
deposit, membership share, or grant that has as its primary purpose
community development.
(u) Small bank--(1) Definition. Small bank
means a bank that, as of December 31 of either of the prior two
calendar years, had assets of less than $1.109 billion. Intermediate
small bank means a small bank with assets of at least $277 million as
of December 31 of both of the prior two calendar years and less thatn
$1.109 billion as of December 31 of either of the prior two calendar
years.
(2) Adjustment. The dollar figures in paragraph (u)(1)
of this section shall be adjusted annually and published by the FDIC,
based on the year-to-year change in the average of the Consumer Price
Index for Urban Wage Earners and Clerical Workers, not seasonally
adjusted, for each twelve-month period ending in November, with
rounding to the nearest million.
(v) 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.
(w) 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.
(x) 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 § 345.25(b).
[Codified to 12 C.F.R. § 345.12]
[Section 345.12 added at 60 Fed. Reg. 22201, May 4, 1995,
effective July 1, 1995; amended at 60 Fed. Reg. 66050, December 20,
1995, effective January 1, 1996; 61 Fed. Reg. 21364, May 10, 1996; 69
Fed. Reg. 41187, July 8, 2004; 70 Fed. Reg. 44269, August 2, 2005,
effective September 1, 2005; 71 Fed. Reg. 78337, December 29, 2006,
effective January 1, 2007; 72 Fed. Reg. 72573, December 21, 2007,
effective January 1, 2008; 73 Fed. Reg. 78155, December 22, 2008,
effective January 1, 2008]
Subpart BStandards for Assessing
Performance
§ 345.21 Performance tests, standards, and ratings, in general.
(a) Performance tests and standards. The FDIC assesses
the CRA performance of a bank in an examination as follows:
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(1) Lending, investment, and service tests. The FDIC
applies the lending, investment, and service tests, as provided in
§§ 345.22 through 345.24, 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 FDIC applies the community development test for
a wholesale or limited purpose bank, as provided in § 345.25, except
as provided in paragraph (a)(4) of this section.
(3) Small bank performance standards. The FDIC applies
the small bank performance standards as provided in § 345.26 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), (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 § 345.42.
(4) Strategic plan. The FDIC evaluates the performance
of a bank under a strategic plan if the bank submits, and the FDIC
approves, a strategic plan as provided in § 345.27.
(b) Performance context. The FDIC 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:
{{6-30-95 p.2786.03}}
(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 § 345.43, and any
written comments about the bank's CRA performance submitted to the bank
or the FDIC; and
(7) Any information deemed relevant by the FDIC.
(c) Assigned ratings. The FDIC assigns to a bank one of
the following four ratings pursuant to § 345.28 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 FDIC 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 FDIC 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.
[Codified to 12 C.F.R. § 345.21]
[Section 345.21 added at 60 Fed. Reg. 22202, May 4, 1995, effective
July 1, 1995]
§ 345.22 Lending test.
(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 FDIC 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 FDIC will evaluate one or more categories of
consumer lending, if the bank has collected and maintained, as required
in § 345.42(c)(1), the data for each category that the bank elects to
have the FDIC evaluate.
(2) The FDIC considers originations and purchases of loans. The
FDIC 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 FDIC 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 FDIC will not consider these loans
under any criterion of the lending test except the community
development lending criterion.
(b) Performance criteria. The FDIC evaluates a bank's
lending performance pursuant to the following criteria:
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(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 FDIC
will consider loans by an affiliate of the bank, if the bank provides
data on the affiliate's loans pursuant to § 345.42.
(2) The FDIC 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 FDIC 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 FDIC 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 FDIC 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 § 345.42(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 FDIC rates a bank's
lending performance as provided in Appendix A of this part.
[Codified to 12 C.F.R. § 345.22]
[Section 345.22 added at 60 Fed. Reg. 22203, May 4, 1995,
effective July 1, 1995]
{{6-30-95 p.2786.05}}
§ 345.23 Investment test.
(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).
(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 FDIC
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 FDIC 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 FDIC rates a
bank's investment performance as provided in Appendix A of this part.
[Codified to 12 C.F.R. § 345.23]
[Section 345.23 added at 60 Fed. Reg. 22204, May 4, 1995, effective
July 1, 1995]
§ 345.24 Service test.
(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) benefited. 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 FDIC 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
FDIC 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., RSFs, RSFs 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- or moderate-income geographies and to low- and
moderate-income individuals; and
{{6-30-95 p.2786.06}}
(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 FDIC 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 FDIC rates a bank's
service performance as provided in Appendix A of this part.
[Codified to 12 C.F.R. § 345.24]
[Section 345.24 added at 60 Fed. Reg. 22204, May 4, 1995, effective
July 1, 1995]
§ 345.25 Community development test for wholesale or limited
purpose banks.
(a) Scope of test. The FDIC 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 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 FDIC,
at least three months prior to the proposed effective data of the
designation. If the FDIC approves the designation, it remains in effect
until the bank requests revocation of the designation or until one year
after the FDIC notifies the bank that the FDIC has revoked the
designation on its own initiative.
(c) Performance criteria. The FDIC 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 FDIC
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
§ 345.22(c) and (d).
(e) Benefit to assessment area(s)--(1) Benefit
inside assessment area(s). The FDIC 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 FDIC
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 FDIC
rates a bank's community development performance as provided in
Appendix A of this part.
[Codified to 12 C.F.R. § 345.25]
[Section 345.25 added at 60 Fed. Reg. 22204, May 4, 1995,
effective July 1, 1995]
{{12-31-07 p.2786.07}}
§ 345.26 Small bank performance standards.
(a) Performance criteria--(1) Small banks that
are not intermediate small banks. The FDIC evaluates the record of
a small bank that is not, or that was not during the prior calendar
year, an intermediate small bank, of helping to meet the credit needs
of its assessment area(s) pursuant to the criteria set forth in
paragraph (b) of this section.
(2) Intermediate small banks. The FDIC evaluates the
record of a small bank that is, or that was during the prior calendar
year, an intermediate small bank, of helping to meet the credit needs
of its assessment area(s) pursuant to the criteria set forth in
paragraphs (b) and (c) of this section.
(b) Lending test. A small bank's lending performance is
evaluated 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).
(c) Community development test. An intermediate small
bank's community development performance also is evaluated pursuant to
the following criteria:
(1) The number and amount of community development loans;
(2) The number and amount of qualified investments;
(3) The extent to which the bank provides community development
services; and
(4) The bank's responsiveness through such activities to
community development lending, investment, and services needs.
(d) Small bank performance rating. The FDIC rates the
performance of a bank evaluated under this section as provided in
appendix A of this part.
[Codified to 12 C.F.R. § 345.26]
[Section 345.26 added at 60 Fed. Reg. 22205, May 4, 1995,
effective July 1, 1995; amended at 70 Fed. Reg. 44269, August 2, 2005,
effective September 1, 2005; 71 Fed. Reg. 78337, December 29, 2006,
effective January 1, 2007; 72 Fed. Reg. 72573, December 21, 2007,
effective January 1, 2008]
§ 345.27 Strategic plan.
(a) Alternative election. The FDIC will assess a bank's
record of helping to meet the credit needs of its assessment area(s)
under a strategic plan if:
(1) The bank has submitted the plan to the FDIC as provided for
in this section;
(2) The FDIC 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 FDIC's approval of a plan does
not affect the bank's obligation, if any, to report data as required by
§ 345.42.
(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 FDIC 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 FDIC for approval, a bank shall:
{{12-31-07 p.2786.08}}
(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 FDIC 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 service 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 FDIC on a confidential basis, but the
goals stated in the plan must be sufficiently specific to enable the
public and the FDIC 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 FDIC approves, both "satisfactory" and "outstanding"
performance goals, the FDIC 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 FDIC 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 FDIC will
act upon a plan within 60 calendar days after the FDIC receives the
complete plan and other material required under paragraph (d) of this
section. If the FDIC fails to act within this time period, the plan
shall be deemed approved unless the FDIC extends the review period for
good cause.
(2) Public participation. In evaluating the plan's
goals, the FDIC 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 FDIC 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.
{{12-31-07 p.2786.09}}
(h) Plan amendment. During the term of a plan, a bank
may request the FDIC 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 FDIC approves the goals and
assesses performance under a plan as provided for in Appendix A of this
part.
[Codified to 12 C.F.R. § 345.27]
[Section 345.27 added at 60 Fed. Reg. 22205, May 4, 1995,
effective July 1, 1995; amended at 60 Fed. Reg. 66050, December 20,
1995, effective January 1, 1996]
§ 345.28 Assigned ratings.
(a) Ratings in general. Subject to paragraphs (b) and
(c) of this section, the FDIC 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 FDIC
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. (1) The FDIC's evaluation of a bank's CRA
performance is adversely affected by evidence of discriminatory or
other illegal credit practices in any geography by the bank or in any
assessment area by any affiliate whose loans have been considered as
part of the bank's lending performance. In connection with any type of
lending activity described in § 345.22(a), evidence of discriminatory
or other credit practices that violate an applicable law, rule, or
regulation includes, but is not limited to:
(i) Discrimination against applicants on a prohibited basis in
violation, for example, of the Equal Credit Opportunity Act or the Fair
Housing Act;
(ii) Violations of the Home Ownership and Equity Protection Act;
(iii) Violations of section 5 of the Federal Trade Commission
Act;
(iv) Violations of section 8 of the Real Estate Settlement
Procedures Act; and
(v) Violations of the Truth in Lending Act provisions regarding a
consumer's right of rescission.
(2) In determining the effect of evidence of practices described
in paragraph (c)(1) of this section on the bank's assigned rating, the
FDIC considers the nature, extent, and strength of the evidence of the
practices; the policies and procedures that the bank (or affiliate, as
applicable) has in place to prevent the practices; any corrective
action that the bank (or affiliate, as applicable) has taken or has
committed to take, including voluntary corrective action resulting from
self-assessment; and any other relevant information.
[Codified to 12 C.F.R. § 345.28.]
[Section 345.28 added at 60 Fed. Reg. 22206, May 4, 1995,
effective July 1, 1995; 70 Fed. Reg. 44269, August 2, 2005, effective
September 1, 2005]
{{12-31-07 p.2786.10}}
§ 345.29 Effect of CRA performance on applications.
(a) CRA performance. Among other factors, the FDIC takes
into account the record of performance under the CRA of each applicant
bank in considering an application for approval of:
(1) The establishment of a domestic branch or other facility with
the ability to accept deposits;
(2) The relocation of the bank's main office or a branch;
(3) The merger, consolidation, acquisition of assets, or
assumption of liabilities; and
(4) Deposit insurance for a newly chartered financial
institution.
(b) New financial institutions. A newly chartered
financial institution shall submit with its application for deposit
insurance a description of how it will meet its CRA objectives. The
FDIC takes the description into account in considering the application
and may deny or condition approval on that basis.
(c) Interested parties. The FDIC takes into account any
views expressed by interested parties that are submitted in accordance
with the FDIC's procedures set forth in
part 303 of this chapter in
considering CRA performance in an application listed in paragraphs (a)
and (b) of this section.
(d) 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.
[Codified to 12 C.F.R. § 345.29]
[Section 345.29 added at 60 Fed. Reg. 22206, May 4, 1995,
effective July 1, 1995]
Subpart CRecords, Reporting, and Disclosure
Requirements
§ 345.41 Assessment area delineation.
(a) In general. A bank shall delineate one or more
assessment areas within which the FDIC evaluates the bank's record of
helping to meet the credit needs of its community. The FDIC does not
evaluate the bank's delineation of its assessment area(s) as a separate
performance criterion, but the FDIC 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 or metropolitan
divisions (using the MSA or metropolitan division 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 ATM's.
(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 or metropolitan
divisions (using the MSA or metropolitan divisions 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 RSFs, 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.
{{12-31-07 p.2786.10-A}}
(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;
(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 an MSA 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 an MSA boundary, the bank shall
delineate separate assessment areas for the areas inside and outside
the MSA.
(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 FDIC uses the
assessment area(s) delineated by a bank in its evaluation of the bank's
CRA performance unless the FDIC determines that the assessment area(s)
do not comply with the requirements of this section.
[Codified to 12 C.F.R. § 345.41]
[Section 345.41 added at 60 Fed. Reg. 22206, May 4, 1995,
effective July 1, 1995; as amended by 69 Fed. Reg. 41188, July 8,
2004]
§ 345.42 Data collection, reporting, and disclosure.
(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 FDIC)
{{8-31-04 p.2786.11}}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 FDIC in machine
readable form (as prescribed by the FDIC) 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 $100,000 or less;
(ii) With an 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 title, 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 title.
(c) Optional data collection and
maintenance.--(1) Consumer loans. A bank may collect
and maintain in machine readable form (as prescribed by the FDIC) 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
(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 FDIC 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 title by the affiliate.
(e) Data on lending by a consortium or a third party. A
bank that elects to have the FDIC 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.
{{8-31-04 p.2786.12}}
(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 FDIC by March 1 of each year a list for each
assessment area showing the geographies within the area.
(h) CRA Disclosure Statement. The FDIC 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;
(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 FDIC, in
conjunction with the Board of Governors of the Federal Reserve System,
the Office of the Comptroller of the Currency, and the Office of Thrift
Supervision, prepares annually, for each MSA (including an MSA or
metropolitan division that crosses a state boundary) and the
nonmetropolitan 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, 228, or 563e of this
title.
{{8-31-04 p.2786.13}}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 FDIC 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 FDIC 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 FDIC publishes a list of the depositories at
which the statements are available.
[Codified to 12 C.F.R. § 345.42]
[Section 345.42 added at 60 Fed. Reg. 22206, May 4, 1995,
effective July 1, 1995; as amended by 69 Fed. Reg. 41188, July 8,
2004]
§ 345.43 Content and availability of public file.
(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 FDIC. The bank shall place this
copy in the public file within 30 business days after its receipt from
the FDIC;
(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.,
RSFs, RSFs 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 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 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 FDIC.
(2) Banks required to report Home Mortgage Disclosure Act
(HMDA) data. A bank required to report home mortgage loan data
pursuant part 203 of this title shall include in
{{8-31-04 p.2786.14}}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
FDIC 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 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 FDIC 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.
[Codified to 12 C.F.R. § 345.43]
[Section 345.43 added at 60 Fed. Reg. 22208, May 4, 1995,
effective July 1, 1995]
§ 345.44 Public notice by banks.
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.
[Codified to 12 C.F.R. § 345.44]
[Section 345.44 added at 60 Fed. Reg. 22208, May 4, 1995,
effective July 1, 1995]
§ 345.45 Publication of planned examination schedule.
The FDIC 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.
[Codified to 12 C.F.R. § 345.45]
[Section 345.45 added at 60 Fed. Reg. 22209, May 4, 1995,
effective July 1, 1995]
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