Use information and data from the preceding December 31 date when determining whether you meet the reporting criteria. The following questions for a depository institution should be answered to determine if you should report CY 2008 HMDA data in 2009.

1. Is the depository institution a bank, credit union, or savings association?
2. Did the assets of the institution total more than $37 million on the preceding December 31?
3. Did the institution have a home or branch office in a metropolitan statistical area or metropolitan division (MSA/MD) on the preceding December 31?
4. In the preceding calendar year, did the institution originate at least one home purchase loan or refinancing of a home purchase loan secured by a first lien on a one-to-four-family dwelling?
5. Is the institution federally insured or regulated; or was the mortgage loan insured; guaranteed, or supplemented by a federal agency; or was the loan intended for sale to the Federal National Mortgage Association (FNMA) or Federal Home Loan Mortgage Corporation (FHLMC)?
   
   

If a depository institution responds 'YES' to the above questions 1 through 4 and 'YES' to at least one question in 5, then HMDA applies to the institution's loan originations, purchases, and applications in the current calendar year. A negative response to any one of the first four questions or to all the questions in 5 would exempt the institution from filing HMDA.

For depository institutions, a branch office is an office approved as a branch by a supervisory agency (except that a branch office of a credit union is any office where member accounts are established or loans are made, whether or not the office has been approved as a branch by a federal or state agency). A branch office does not include offices of affiliates or other third parties such as loan brokers, or other offices where loan applications are merely taken; nor does it include ATMs or other electronic terminals.