Use information and data from the preceding December 31 date when determining whether you meet the reporting criteria. The following questions for a nondepository institution should be answered to determine if you should report CY 2001 HMDA data in 2002.

1. Is the nondepository institution a for-profit lender?
2. In the preceding calendar year, did the institution's home purchase loan originations (including refinancings of home purchase loans) equal or exceed 10 percent of its total loan originations, measured in dollars?
3. Did the nondepository institution either: (a) have a home or branch office in an MSA on the preceding December 31, or (b) receive applications for, originate, or purchase 5 or more home purchase or home improvement loans on property located in an MSA in the preceding calendar year?
4. Did the nondepository institution either: (a) have assets (when combined with the assets of any parent corporation) exceeding $10 million on the preceding December 31, or (b) originate 100 or more home purchase loans (including refinancings of home purchase loans) in the preceding calendar year?

If a nondepository institution responds 'YES' to the above questions 1 and 2, and 'YES' to at least one question in 3 and 4, then HMDA applies to the institution's loan originations, purchases, and applications in the current calendar year. A negative response to either questions 1 or 2, or to all the questions in 3 or 4 exempts the institution from filing HMDA data for the current calendar year.

For nondepository institutions, a branch office is any office of the institution that takes applications from the public for home purchase or home improvement loans. It does not include offices of affiliates or other third parties such as loan brokers.