Interagency Q&As Flashcards
What is a special purpose institution?
These institutions engage in specialized activities that do not involve granting credit to the public in the ordinary course of business. These types of banks are exempt from CRA coverage.
Special purpose institutions
typically serve as correspondent banks, trust companies, or clearing agents or engage only in specialized services, such as cash management controlled disbursement services.
A financial institution, however, does not become a special purpose institution merely by ceasing to make loans and, instead, making investments and providing other retail banking services.
To be a special purpose institution, must an institution limit its activities in its charter?
No. A special purpose institution may, but is
not required to, limit the scope of its activities in its charter, articles of association, or other corporate organizational
documents.
An institution that does not have legal limitations on its activities, but has voluntarily limited its activities, however, would no longer be exempt from Community Reinvestment Act (CRA) requirements if it subsequently engaged in activities that involve granting credit to the public
in the ordinary course of business.
An institution that believes it is exempt from CRA as a special purpose institution should seek confirmation of this status from its supervisory Agency.
Does the definition of “affiliate” include subsidiaries of an institution?
Yes, “affiliate” includes any company that controls, is controlled by, or is under common control with
another company. An institution’s subsidiary is controlled by the institution and is, therefore, an affiliate.
Do the definitions of “branch,” “automated teller machine (ATM),” and “remote service facility (RSF)” include mobile branches, ATMs, and RSFs?
Yes. Staffed mobile offices that are authorized as branches are considered “branches,” and mobile ATMs and RSFs are considered “ATMs” and “RSFs.”
Are loan production offices (LPO) branches for purposes of the CRA?
LPOs and other offices are not “branches” unless they are authorized as branches of the institution through the regulatory approval process of the institution’s supervisory Agency.
Are community development
activities limited to those that promote economic
development?
No. Although the definition of “community development” includes activities that promote economic development by financing small businesses or farms, the rule does not limit community development loans and services and qualified investments to those activities.
Community development also includes community- or tribal-based child care, educational, health, social services, or workforce
development or job training programs targeted to low- or
moderate-income persons, affordable housing for low- or moderate-income individuals, and activities that revitalize or stabilize low- or moderate-income areas, designated disaster
areas, or underserved or distressed nonmetropolitan middle income geographies.
Must a community development activity occur inside a low- or moderate-income area, designated disaster area, or underserved or distressed nonmetropolitan middle-income area in order for an institution to receive CRA consideration for the activity?
No. Community development includes
activities, regardless of their location, that provide affordable housing for, or community services targeted to, low- or moderate-income individuals and activities that promote economic development by financing small businesses and farms. Activities that stabilize or revitalize particular low- or
moderate-income areas, designated disaster areas, or underserved or distressed nonmetropolitan middle-income areas (including by creating, retaining, or improving jobs for low- or moderate-income persons) also qualify as community development, even if the activities are not located in these areas.
One example is financing a supermarket that serves as
an anchor store in a small strip mall located at the edge of a middle-income area, if the mall stabilizes the adjacent low-income community by providing needed shopping services that are not otherwise available in the low-income
community.
Does the regulation provide
flexibility in considering performance in high-cost areas?
Yes, the flexibility of the performance standards
allows examiners to account in their evaluations for conditions in high-cost areas. Examiners consider lending and services to individuals and geographies of all income levels and
businesses of all sizes and revenues. In addition, the
flexibility in the requirement that community development
loans, community development services, and qualified investments have as their “primary” purpose community development allows examiners to account for conditions in high-cost areas.
For example, examiners could take into account the fact that activities address a credit shortage among middle-income people or areas caused by the disproportionately high cost of building, maintaining or
acquiring a house when determining whether an institution’s loan to or investment in an organization that funds affordable housing for middle-income people or areas, as well as low and
moderate-income people or areas, has as its primary
purpose community development.
Can examples of community
development activities discussed in a particular Q&A also apply to other types of community development activities not
specifically discussed in that Q&A if they have a similar
community development purpose?
Yes. The Interagency Questions and Answers
Regarding Community Reinvestment (Questions and Answers) provide examples of particular activities that may receive consideration as community development activities.
Because a particular Q&A often describes a single type of community development activity, such as a community
development loan, the corresponding examples are of community development loans.
However, because community development loans, qualified investments, and community development services all must have a primary purpose of community development, a qualified investment or community
development service that supports a community development purpose similar to the activity described in the context of the community development loan would likely receive
consideration under the applicable test. The same would be true if the community development activity described in a
particular Q&A were a qualified investment or community development service.
When determining whether a
project is “affordable housing for low- or moderate-income individuals,” thereby meeting the definition of “community
development,” will it be sufficient to use a formula that relates the cost of ownership, rental, or borrowing to the income
levels in the area as the only factor, regardless of whether the users, likely users, or beneficiaries of that affordable housing are low- or moderate-income individuals?
The concept of “affordable housing” for low- or moderate-income individuals does hinge on whether low- or moderate-income individuals benefit, or are likely to benefit, from the housing. It would be inappropriate to give consideration to a project that exclusively or predominately houses families that are not low- or moderate-income simply
because the rents or housing prices are set according to a particular formula.
For projects that do not yet have occupants, and for
which the income of the potential occupants cannot be determined in advance, or in other projects where the income of occupants cannot be verified, examiners will review factors such as demographic, economic, and market data to determine the likelihood that the housing will “primarily” accommodate
low- or moderate-income individuals.
For example, examiners
may look at median rents of the assessment area and the project; the median home value of either the assessment area, low- or moderate-income geographies or the project; the low or moderate-income population in the area of the project; or the past performance record of the organization(s) undertaking
the project.
Further, such a project could receive consideration if its express, bona fide intent, as stated, for example, in a prospectus, loan proposal, or community action plan, is
community development.
Community development includes community services targeted to low- or moderate-income individuals. What are examples of ways that an institution could determine that community services are offered to low or moderate-income individuals? (8)
• The community service is targeted to the clients of a nonprofit organization that has a defined mission of serving low and moderate-income persons, or, because of government grants, for example, is limited to offering services only to low or
moderate-income persons.
• The community service is offered by a nonprofit organization that is located in and serves a low- or moderate-income geography.
• The community service is conducted in a low- or moderate-
income area and targeted to the residents of the area.
• The community service is a clearly defined program that benefits primarily low- or moderate-income persons, even if it is provided by an entity that offers other programs that serve
individuals of all income levels.
• The community service is offered at a workplace to workers who are low- and moderate-income, based on readily available data for the average wage for workers in that particular occupation or industry
• The community service is provided to students or their
families from a school at which the majority of students qualify for free or reduced-price meals under the U.S. Department of Agriculture’s National School Lunch Program.
• The community service is targeted to individuals who
receive or are eligible to receive Medicaid.
• The community service is provided to recipients of government assistance programs that have income qualifications equivalent to, or stricter than, the definitions of low- and moderate- income as defined by the CRA Regulations. Examples
include U.S. Department of Housing and Urban Development’s section 8, 202, 515, and 811 programs or U.S. Department of Agriculture’s section 514, 516, and Supplemental
Nutrition Assistance programs.
Community development
includes activities that promote economic development by financing businesses or farms that meet certain size eligibility
standards. Are all activities that finance businesses and farms that meet the size eligibility standards considered to be community development?
No. The concept of ‘‘community development’’ under involves both a
‘‘size’’ test and a ‘‘purpose’’ test that clarify what economic development activities are considered under CRA. An institution’s loan, investment, or service meets the ‘‘size’’ test if it finances, either directly, or through an intermediary,
businesses or farms that either meet the size eligibility standards of the Small Business Administration’s Development Company (SBDC) or Small Business Investment Company (SBIC) programs, or have gross annual revenues of $1 million or less.
As part of the purpose test under economic development, CD activities must promote economic development. What types of activities are considered to promote economic development? (2)
If they support:
• permanent job creation, retention, and/or improvement:
o for low- or moderate-income persons;
o in low- or moderate-income geographies;
o in areas targeted for redevelopment by Federal, state, local, or tribal governments;
o by financing intermediaries that lend to, invest in, or provide technical assistance to start-ups or recently formed small businesses or small farms; or
o through technical assistance or supportive services for small businesses or farms, such as shared space, technology,
or administrative assistance; or
• Federal, state, local, or tribal economic development initiatives
that include provisions for creating or improving access
by low- or moderate-income persons to jobs or to job training or workforce development programs.
The agencies will presume that any loan or service to
or investment in a SBDC, SBIC, Rural Business Investment Company, New Markets Venture Capital Company, New Markets Tax Credit-eligible Community Development Entity, or Community Development Financial Institution that finances small businesses or small farms, promotes ______ ________.
economic development
Under the purpose test for economic development, does the CD activity need to support only LMI individuals?
No
Examiners will also consider the qualitative aspects of performance. For example, activities will be considered more responsive to
community needs if a majority of jobs created, retained, and/or improved benefit low- or moderate-income individuals.
Is the definition of “community development” applicable to all institutions?
The definition of “community development” is applicable to all institutions, regardless of a particular institution’s size or the performance criteria under which it is evaluated.
Will activities that provide housing for middle-income and upper-income persons qualify for favorable consideration as community development activities when they help to revitalize or stabilize a distressed nonmetropolitan middle-income geography or
designated disaster areas?
An activity that provides housing for middle- or
upper-income individuals qualifies as an activity that
revitalizes or stabilizes a distressed nonmetropolitan middle income geography or a designated disaster area if the housing directly helps to revitalize or stabilize the community by
attracting new, or retaining existing, businesses or residents and, in the case of a designated disaster area, is related to disaster recovery.
The Agencies generally will consider all activities that revitalize or stabilize a distressed nonmetropolitan middle-income geography or designated disaster area, but will give greater weight to those activities that are most responsive to community needs, including needs of low- or moderate-income individuals or neighborhoods.
Will activities that provide housing for middle-income and upper-income persons qualify for favorable consideration as community development activities when they help to revitalize or stabilize a underserved nonmetropolitan middle-income geography?
In underserved nonmetropolitan middle-income geographies,
activities that provide housing for middle- and upper- income individuals may qualify as activities that revitalize or stabilize such underserved areas if the activities also provide housing for low- or moderate-income individuals.
For example, a loan to build a mixed income housing development that provides housing for middle- and upper-income individuals in an underserved nonmetropolitan middle-income geography
would receive positive consideration if it also provides housing for low- or moderate-income individuals.
Can a bank’s housing related loan be evaluated as a community development loan if it has been reported or collected as a HMDA loan?
Not unless the bank is an ISB and the loan is a multifamily housing loan. They can be double counted.
What activities are considered to “revitalize or stabilize” a low- or moderate-income geography, and how are those activities considered?
Activities that revitalize or stabilize a low- or moderate-income geography are activities that help to attract
new, or retain existing, businesses or residents.
Examiners will presume that an activity revitalizes or stabilizes a low- or moderate-income geography if the activity has been approved by the governing board of an Enterprise Community or
Empowerment Zone and is consistent with the board’s strategic plan. They will make the same presumption if the activity has received
similar official designation as consistent with a Federal, state, local, or tribal government plan for the revitalization or stabilization of the low- or moderate-income geography.
To determine whether other activities revitalize or stabilize a low- or moderate-income geography, examiners will evaluate the activity’s actual impact on the geography, if information about this is available. If not, examiners will determine whether the activity is consistent with the community’s formal or informal plans for the revitalization and stabilization of the low- or moderate-income geography
What CD purpose would this fall under?
Foreclosure prevention programs with the objective
of providing affordable, sustainable, long-term loan
restructurings or modifications to homeowners in low- or
moderate-income geographies, consistent with safe and sound banking practices
Revitalization and Stabilization
What is a “designated disaster area” and how long does it last?
A “designated disaster area” is a major disaster area designated by the Federal government.
Such disaster designations include, in particular, Major Disaster Declarations administered by the Federal Emergency Management Agency (FEMA), but
excludes counties designated to receive only FEMA Public Assistance Emergency Work Category A (Debris Removal) and/or Category B (Emergency Protective Measures).
Examiners will consider institution activities related
to disaster recovery that revitalize or stabilize a designated disaster area for 36 months following the date of designation.
Where there is a demonstrable community need to extend the period for recognizing revitalization or stabilization activities
in a particular disaster area to assist in long-term recovery efforts, this time period may be extended.
What activities are considered to “revitalize or stabilize” a designated disaster area, and how are those activities considered?
ex:? (3)
- Activities that help to attract new, or retain existing businesses or residents and is related to disaster recovery. AND
- Activity must be consistent with a bona fide govt revitalization and stabilization plan or disaster recovery plan.
The Agencies generally will consider all activities relating to disaster recovery that revitalize or stabilize a designated disaster area, but will give greater weight to those activities that are most responsive to community needs, including the needs of low- or moderate income
individuals or neighborhoods.
Ex:
-Financing to retain businesses that employ local residents and LMI individuals.
-Financing to attract a major new employer to create long term job opportunities for LMI individuals.
-providing financing or other assistance for essential community-wide infrastructure, community services, and rebuilding needs; and activities that provide housing, financial assistance, and services to individuals in designated
disaster areas and to individuals who have been displaced from those areas, including low- and moderate-income individuals
What criteria are used to
identify distressed or underserved nonmetropolitan, middle income geographies?
Eligible nonmetropolitan middle-income geographies are those designated by the Agencies as being in distress or that could have difficulty meeting essential community needs (underserved). A particular geography could be designated as both distressed and underserved.
A nonmetropolitan middle-income geography will be
designated as distressed if it is in a county that meets one or more of the following triggers:
(1) an unemployment rate of at least 1.5 times the national average,
(2) a poverty rate of 20
percent or more, or
(3) a population loss of 10 percent or more between the previous and most recent decennial census or a net migration loss of five percent or more over the five-year period preceding the most recent census.
A nonmetropolitan middle-income geography will be
designated as underserved if it meets criteria for population size, density, and dispersion that indicate the area’s population is sufficiently small, thin, and distant from a population center that the tract is likely to have difficulty financing the fixed costs of meeting essential community needs.
How often will the Agencies
update the list of designated distressed and underserved
nonmetropolitan middle-income geographies?
Annually
To the extent that changes to the designated census
tracts occur, the Agencies have determined to adopt a one-year “lag period.” This lag period will be in effect for the 12 months immediately following the date when a census tract
that was designated as distressed or underserved is removed from the designated list.
Revitalization or stabilization activities
undertaken during the lag period will receive consideration as community development activities if they would have been considered to have a primary purpose of community development
if the census tract in which they were located were
still designated as distressed or underserved.
What activities are considered to “revitalize or stabilize” a distressed nonmetropolitan middle-income geography, and how are those activities evaluated?
- Attracts new or retains existing businesses or residents.
- Under a bona fide Govt plan.
The Agencies generally
will consider all activities that revitalize or stabilize a
distressed nonmetropolitan middle-income geography, but will give greater weight to those activities that are most responsive to community needs, including needs of low- or moderate income individuals or neighborhoods.
Qualifying activities may include, for example, providing financing to attract a major new employer that will create long-term job opportunities, including for low- and moderate-income
individuals, and activities that provide financing or other assistance for essential infrastructure or facilities necessary to attract or retain businesses or residents.
What activities are considered to “revitalize or stabilize” an underserved nonmetropolitan middle-income geography, and how are those activities
evaluated?
If they help to meet essential community needs,
including needs of low- or moderate-income individuals.
Activities, such as financing for the construction, expansion, improvement, maintenance, or operation of essential infrastructure or facilities for health services, education, public safety, public services, industrial parks, affordable housing, or communication services, will be evaluated under these criteria to determine if they qualify for revitalization or stabilization consideration.
If an underserved geography is also designated as a distressed or a disaster area, additional
activities may be considered to revitalize or stabilize the geography.
What are examples of types of projects that qualify as meeting essential community needs, including needs of LMI individuals for the purpose of revitalization and stabilization in underserved geographies?
• a new or expanded hospital that serves the entire county,
including low- and moderate-income residents;
- an industrial park for businesses whose employees include low- or moderate-income individuals;
- a new or rehabilitated sewer line that serves community residents, including low- or moderate-income residents;
- a mixed-income housing development that includes affordable housing for low- and moderate-income families;
• a renovated elementary school that serves children from the community, including children from low- and moderate income
families;
• a new or rehabilitated communications infrastructure, such as broadband internet service, that serves the community,
including low- and moderate-income residents; or
• a new or rehabilitated flood control measure, such as a
levee or storm drain, that serves the community, including low- and moderate-income residents.
Would the following qualify as R&S in an underserved geography?
Financing a project to build a sewer line spur that connects services to a
middle- or upper-income housing development while
bypassing a low- or moderate-income development that also needs the sewer services
NO
What are examples of community development loans? (9)
Loans to:
- Borrowers for affordable housing rehab and construction, including construction to perm for multifamily rental serving LMI individuals.
- non profits serving LMI housing or other CD needs
- borrowers to construct or rehab community facilities that are located in LMI areas or that serve primarily LMI
- financial intermediaries (CDFIs, tax credit eligible CD entities, CDCs, minority and women owned banks, community loan funds/pools, LMI credit unions that primarily lend or facilitate lending to promote community development.
- local, state, and tribal govts for CD activities.
- borrowers to finance environmental clean up or redevelopment of an industrial site as part of effort to revitalize the LMI community
- businesses in an amount greater than $1MM, when made as part of SBA 504 program
- borrowers to finance renewable energy, energy efficient, or water conservation equipment for projects that support the development, rehab, improvement, or maintenance of affordable housing or community facilities (ex: health clinic serving LMI)
- -benefit can include reduction in utility cost for tenants or common areas in affordable housing development.
- -renewable energy facility can be located on or off site, so long a benefit is to the affordable housing proj.
-rehabilitation and construction of affordable housing or community facilities including the abatement or remediation of, or other actions to correct environmental hazards (lead paint, asbestos, mold, radon)
If a retail institution that is not required to report under HMDA makes affordable home mortgage loans that would be HMDA-reportable home mortgage loans if it were a reporting institution, or if a small institution that is not required to collect and report loan data under the CRA makes small business
and small farm loans and consumer loans that would be collected and/or reported if the institution were a large institution, may the institution have these loans considered as community
development loans?
No. Although small institutions are not required
to report or collect information on small business and small farm loans and consumer loans, and some institutions are not required to report information about their home mortgage loans under HMDA, if these institutions are retail institutions, the Agencies will consider in their CRA evaluations the
institutions’ originations and purchases of loans that would have been collected or reported as small business, small farm, consumer or home mortgage loans, had the institution been a collecting and reporting institution under the CRA or the HMDA.
Therefore, these loans will not be considered as community development loans, unless the small institution is an intermediate small institution. Multifamily dwelling loans, however, may be considered as
community development loans as well as home mortgage loans.
May an intermediate small institution that is not subject to HMDA reporting have home mortgage loans considered as community development loans?
Similarly, may an intermediate small institution have small business and small farm loans and consumer loans considered
as community development loans?
Yes. In instances where intermediate small institutions are not required to report HMDA or small business or small farm loans, these loans may be considered, at the institution’s option, as community development loans, provided they meet the regulatory definition of “community development”
The only exception would be if the ISB chooses to be evaluated under large bank procedures, then it may not choose to have home mortgage, small business, small farm or consumer loans considered as CD loans.
Loans other than multifamily dwelling loans may not
be considered under both the lending test and the community development test for intermediate small institutions. Thus, if an institution elects to have certain loans considered under the community development test, those loans may not also be
considered under the lending test, and would be excluded from the lending test analysis.
Intermediate small institutions may choose individual loans within their portfolio for community development consideration. Examiners will evaluate an intermediate small institution’s community development activities within the context of the responsiveness of the activity to the community
development needs of the institution’s assessment area(s).
Do secured credit cards or other credit card programs targeted to low- or moderate-income individuals qualify as community development loans?
No. Credit cards issued to low- or moderate income
individuals for household, family, or other personal
expenditures, whether as part of a program targeted to such individuals or otherwise, do not qualify as community development loans because they do not have as their primary purpose any of the activities included in the definition of
“community development.”
The regulation indicates that
community development includes “activities that revitalize or stabilize low- or moderate-income geographies.” Do all loans
in a low- to moderate-income geography have a stabilizing effect?
No. Some loans may provide only indirect or short-term benefits to low- or moderate-income individuals in a low- or moderate-income geography. These loans are not considered to have a community development purpose. For example, a loan for upper-income housing in a low- or moderate-income area is not considered to have a community development purpose simply because of the indirect benefit to low- or moderate-income persons from construction jobs or the increase in the local tax base that supports enhanced services to low- and moderate-income area residents. On the
other hand, a loan for an anchor business in a low- or
moderate-income area (or a nearby area) that employs or
serves residents of the area and, thus, stabilizes the area, may
be considered to have a community development purpose.
Is the following considered a qualified CD activity? If so, under what CD purpose?
Loan for an anchor business in a low- or moderate-income area (or a nearby area) that employs or serves residents of the area
Yes by employing and serving residents it helps stabilize the area, and maybe considered to have a community development purpose under revitalization and stabilization.
Must there be some immediate or direct benefit to the institution’s assessment area(s) to satisfy the regulations’ requirement that qualified investments and community development loans or services benefit an institution’s assessment area(s) or a broader statewide or regional area that includes the institution’s assessment area(s)?
What about activities that don’t benefit the bank’s AA but benefit a broader statewide or regional area?
No. The regulations recognize that community
development organizations and programs are efficient and effective ways for institutions to promote community development. These organizations and programs often operate
on a statewide or even multistate basis. Therefore, an institution’s activity is considered a community development loan or service or a qualified investment if it supports an organization or activity that covers an area that is larger than, but includes, the institution’s assessment area(s). The
institution’s assessment area(s) need not receive an immediate or direct benefit from the institution’s participation in the organization or activity, provided that the purpose, mandate, or function of the organization or activity includes serving geographies or individuals located within the institution’s assessment area(s).
In addition, a retail institution will receive consideration for certain other community development activities. These activities must benefit geographies or individuals located somewhere within a broader statewide or regional area that includes the institution’s assessment area(s). Examiners will consider these activities even if they will not
benefit the institution’s assessment area(s), as long as the institution has been responsive to community development needs and opportunities in its assessment area(s).
What is meant by the term “regional area”?
A “regional area” may be an intrastate area or a multistate area that includes the financial institution’s assessment area(s). Regional areas typically have some
geographic, demographic, and/or economic interdependencies and may conform to commonly accepted delineations, such as “the tri-county area” or the “mid-Atlantic states.” Regions are often defined by the geographic scope and specific purpose of a community development organization or initiative.
What is meant by the term “primary purpose” as that term is used to define what constitutes a community development loan, a qualified investment, or a
community development service?
A loan, investment, or service has as its primary
purpose community development when it is designed for the express purpose of revitalizing or stabilizing low- or moderate-income areas, designated disaster areas, or underserved or distressed nonmetropolitan middle-income areas, providing affordable housing for, or community services targeted to, low- or moderate-income persons, or promoting economic development by financing small businesses or farms that meet the requirements.
How do you determine if a CD activity is designed for an express community development purpose? (2)
First, if a majority of the dollars or beneficiaries of the activity are identifiable to one or more of the enumerated community development purposes, then the activity will be considered to possess the requisite primary purpose.
Alternatively, where the measurable portion of any benefit bestowed or dollars applied to the community
development purpose is less than a majority of the entire
activity’s benefits or dollar value, then the activity may still be considered to possess the requisite primary purpose, and the
institution may receive CRA consideration for the entire activity, if:
(1) the express, bona fide intent of the activity, as
stated, for example, in a prospectus, loan proposal, or community action plan, is primarily one or more of the
enumerated community development purposes;
(2) the activity is specifically structured (given any relevant market or legal
constraints or performance context factors) to achieve the expressed community development purpose; and
(3) the activity accomplishes, or is reasonably certain to accomplish, the community development purpose involved.
In what scenarios can an activity involving affordable housing be deemed to have a “primary purpose” of community development even if the activity does not meet the normal standards for “primary purpose”?
i.e. majority of funding is not going to support primary purpose of CD
Activities related to the provision of mixed income
housing, such as in connection with a development that has a mixed-income housing component or an affordable
housing set-aside required by Federal, state, or local
government, also would be eligible for consideration as an activity that has a “primary purpose” of community development at the election of the institution.
In such cases, an institution may receive pro rata consideration for the portion of such activities that helps to provide affordable housing to low- or moderate-income individuals.
How much would qualify under Affordable Housing CD activity in the following scenario?
An institution makes a $10 million loan to finance a mixed-income housing development in which 10 percent of the units will be set aside as affordable housing for low- and moderate-income individuals
The institution may elect to treat $1 million of such loan as a community development loan. In other words, the pro rata dollar amount of the total activity will be based on the percentage of units set-aside for affordable housing for low- or moderate-income individuals.
In addition to meeting the definition of “community development” in the regulation, community
development services must also be related to the provision of financial services. What is meant by “provision of financial services”?
Providing financial services means providing services of the type generally provided by the financial services industry. Providing financial services often involves
informing community members about how to get or use credit or otherwise providing credit services or information to the community.
For example, service on the board of directors of
an organization that promotes credit availability or finances affordable housing is related to the provision of financial
services. Providing technical assistance about financial
services to community-based groups, local or tribal
government agencies, or intermediaries that help to meet the credit needs of low- and moderate-income individuals or small businesses and farms is also providing financial services. By contrast, activities that do not take advantage of the
employees’ financial expertise, such as neighborhood cleanups, do not involve the provision of financial services.
Are personal charitable activities provided by an institution’s employees or directors outside the
ordinary course of their employment considered community development services?
No. Services must be provided as a representative of the institution.
For example, if a financial
institution’s director, on her own time and not as a
representative of the institution, volunteers one evening a week at a local community development corporation’s financial counseling program, the institution may not consider
this activity a community development service.
What are examples of community development services? (6)
- Providing technical assistance on financial matters to a nonprofit, tribal, or govt org serving LMI housing or economic revitalization and development needs
- providing technical assistance on financial matters to small business or community development orgs including those who apply for loans or grants under FHLB affordable housing programs
- lending employees to provide financial services for orgs facilitating affordable housing construction and rehab or development of affordable housing.
- providing credit counseling, home buyer and home maintenance counseling, financial planning or other financial services education to promote CD and affordable housing, including credit counseling to LMI persons to avoid foreclosure.
- establishing school savings programs or teaching financial education or literacy curricula for LMI persons.
- providing foreclosure prevention programs to LMI homeowners with the objective of providing affordable, sustainable, long term modifications and restructurings.
What are some examples of technical assistance activities that are related to provision of financial services and that might be provided to community development orgs? (10)
- serving on a Board of Directors
- serving on a loan review committee
- developing loan application and underwriting standards
- developing loan-processing systems
- developing secondary market vehicles or programs
- assisting in marketing financial services
- furnishing financial services training for staff and management
- accounting/bookkeeping services
- fundraising, soliciting or arranging investments
- providing services reflecting the bank employee’s areas of expertise at the bank, such as HR IT and legal services.
Are home equity loans considered “consumer loans”?
Home equity loans made for purposes other than home purchase, home improvement, or refinancing home purchase or home improvement loans are consumer loans if they are extended to one or more individuals for household,
family, or other personal expenditures.
May a home equity line of credit be considered a “consumer loan” even if part of the line is for home improvement purposes?
If the predominant purpose of the line is home improvement, the line may only be reported under HMDA and may not be considered a consumer loan. However, the full
amount of the line may be considered a “consumer loan” if its predominant purpose is for household, family, or other personal expenditures, and to a lesser extent home improvement, and the full amount of the line has not been reported under HMDA. This is the case even though there may be “double counting” because part of the line may also have been reported under HMDA.
How should an institution collect or report information on loans the proceeds of which will be used for multiple purposes?
If an institution makes a single loan or provides
a line of credit to a customer to be used for both consumer and small business purposes, consistent with the instructions for the Consolidated Reports of Condition and Income (Call
Report), the institution should determine the major
(predominant) component of the loan or the credit line and collect or report the entire loan or credit line in accordance with the regulation’s specifications for that loan type.
Does the term “home mortgage loan” include loans other than “home purchase loans”?
Yes. “Home mortgage loan” includes “home improvement loan,” “home purchase loan,” and “refinancing,” as defined in the HMDA regulation. This definition also includes multifamily (five-or more
families) dwelling loans, and loans for the purchase of
manufactured homes.
Some financial institutions broker home mortgage loans. They typically take the borrower’s application and perform other settlement activities; however, they do not make the credit decision. The broker institutions may also initially fund these mortgage loans, then immediately assign them to another lender. Because the broker institution does not make the credit decision, under Regulation C (HMDA), they do not record the loans on their HMDA loan application registers (HMDA-LAR), even if they fund the loans. May an institution receive any consideration under CRA for its home mortgage loan brokerage activities?
Yes. A financial institution that funds home mortgage loans but immediately assigns the loans to the lender that made the credit decisions may present information about these loans to examiners for consideration under the lending test as “other loan data.” Under Regulation C, the broker institution does not record the loans on its HMDA-LAR because it does not make the credit decisions, even if it funds
the loans. An institution electing to have these home mortgage loans considered must maintain information about all of the home mortgage loans that it has funded in this way. Examiners will consider these other loan data using the same criteria by which home mortgage loans originated or purchased by an institution are evaluated.
Institutions that do not provide funding but merely
take applications and provide settlement services for another lender that makes the credit decisions will receive consideration for this service as a retail banking service. Examiners will consider an institution’s mortgage brokerage services when evaluating the range of services provided to low-, moderate-, middle- and upper-income geographies and the degree to which the services are tailored to meet the needs
of those geographies.
Alternatively, an institution’s mortgage brokerage service may be considered a community development service if the primary purpose of the service is
community development. An institution wishing to have its mortgage brokerage service considered as a community development service must provide sufficient information to substantiate that its primary purpose is community
development and to establish the extent of the services provided.
Where do institutions find income level data for geographies and individuals?
The median family income (MFI) levels for geographies, i.e., census tracts, are calculated using income data from the U.S. Census Bureau’s American Community Survey (ACS) and geographic definitions from the Office of Management and Budget (OMB), and are updated approximately every five years. Geographic income data, along with detailed information about the FFIEC’s calculation of geographic MFI data, are available on the FFIEC Web site.
The income levels for individuals are calculated
annually by the FFIEC using geographic definitions from the OMB, income data from the ACS, and the Consumer Price Index from the Congressional Budget Office. Individual MFI data for metropolitan statistical areas (MSA) and statewide nonmetropolitan areas, along with detailed information about the FFIEC’s calculation of individual MFI data, are available on the FFIEC Web site.
What constitutes a “narrow product line” in the definition of “limited purpose institution”?
An institution offers a narrow product line by limiting its lending activities to a product line other than a traditional retail product line required to be evaluated under the lending test (i.e., home mortgage, small business, and small farm loans). Thus, an institution engaged only in
making credit card or motor vehicle loans offers a narrow product line, while an institution limiting its lending activities to home mortgages is not offering a narrow product line.
What factors will the Agencies consider to determine whether an institution that, if limited
purpose, makes loans outside a narrow product line, or, if wholesale, engages in retail lending, will lose its limited purpose or wholesale designation because of too much other lending? (7)
Wholesale institutions may engage in some retail lending without losing their designation if this activity is
incidental and done on an accommodation basis. Similarly, limited purpose institutions continue to meet the narrow product line requirement if they provide other types of loans on an infrequent basis. In reviewing other lending activities by these institutions, the Agencies will consider the following factors:
- Is the retail lending provided as an incident to the institution’s wholesale lending?
- Are the retail loans provided as an accommodation to the institution’s wholesale customers?
• Are the other types of loans made only infrequently to the
limited purpose institution’s customers?
- Does only an insignificant portion of the institution’s total assets and income result from the other lending?
- How significant a role does the institution play in providing that type(s) of loan(s) in the institution’s assessment area(s)?
- Does the institution hold itself out as offering that type(s) of loan(s)?
• Does the lending test or the community development test
present a more accurate picture of the institution’s CRA performance?
Do “niche institutions” qualify as limited purpose (or wholesale) institutions?
Generally, no. Institutions that are in the business of lending to the public, but specialize in certain types of retail loans (for example, home mortgage or small
business loans) to certain types of borrowers (for example, to high-end income level customers or to corporations or partnerships of licensed professional practitioners) (“niche institutions”) generally would not qualify as limited purpose (or wholesale) institutions.
Does the CRA regulation provide authority for institutions to make investments?
No. The CRA regulation does not provide authority for institutions to make investments that are not otherwise allowed by Federal law.
Are mortgage-backed securities or municipal bonds “qualified investments”?
As a general rule, mortgage-backed securities and municipal bonds are not qualified investments because they do not have as their primary purpose community development, as defined in the CRA regulations.
Nonetheless, mortgage-backed securities or municipal bonds designed
primarily to finance community development generally are qualified investments. Municipal bonds or other securities
with a primary purpose of community development need not be housing-related.
For example, a bond to fund a community facility or park or to provide sewage services as part of a plan
to redevelop a low-income neighborhood is a qualified
investment. Certain municipal bonds in underserved nonmetropolitan middle-income geographies may also be qualified investments. Housing-related bonds or securities must primarily address affordable housing (including multifamily rental housing) needs of low- or moderate-income individuals in order to qualify.
Are FHLB stocks or unpaid dividends and membership reserves with the Federal Reserve Banks “qualified investments”?
No. FHLB stocks or unpaid dividends, and membership reserves with the Federal Reserve Banks do not have a sufficient connection to community development to be qualified investments. However, FHLB member institutions may receive CRA consideration as a community development
service for technical assistance they provide on behalf of applicants and recipients of funding from the FHLB’s Affordable Housing Program.
What are examples of qualified investments? (9)
Examples of qualified investments include, but
are not limited to, investments, grants, deposits, or shares in or
to:
- Financial intermediaries that primarily lend or facilitate lending in LMI areas or to LMI people to promote CD, such as a CDFI that promotes ED on an Indian reservation
- organizations engaged in affordable housing rehab and construction, including multifamily rental housing
- orgs including SBIC, specialized SBICs and rural business investment companies that promote ED by financing small businesses
- CD venture capital companies that promote EC by financing small businesses
- facilities that promotes CD by providing community services for LMI persons, youth program, homeless centers, soup kitchens, health care facilities, battered women’s shelters\, and alcohol and drug recovery centers
- projects eligible for Low income housing tax credits
- state and municipal obligations, revenue bonds, that specifically support affordable housing or CD.
- non profit orgs serving LMI housing or other CD needs, counseling for credit, home ownership, home maintenance, and other financial literacy programs.
- orgs supporting activities essential to the capacity of LMI individuals or geographies to utilize credit or to sustain ED. (ex: daycare operations and job training programs, workforce development programs enabling LMI individuals to work).
What are examples of financial intermediaries?
Financial intermediaries (including CDFIs, New Markets Tax Credit-eligible Community Development Entities, CDCs, minority- and women-owned financial institutions, community loan funds, and low-income or community development credit unions)
Will an institution receive
consideration for charitable contributions as “qualified
investments”?
Yes, provided they have as their primary purpose community development as defined in the regulations.
A charitable contribution, whether in cash or an in-kind contribution of property, is included in the term “grant.” A qualified investment is not disqualified because an institution receives favorable treatment for it (for example, as a tax deduction or credit) under the Internal Revenue Code.
An institution makes or participates in a community development loan. The institution provided the
loan at below-market interest rates or “bought down” the interest rate to the borrower. Is the lost income resulting from
the lower interest rate or buy-down a qualified investment?
No. The Agencies will, however, consider the
responsiveness, innovativeness, and complexity of the community development loan within the bounds of safe and sound banking practices.
Will the Agencies consider as a qualified investment the wages or other compensation of an employee or director who provides assistance to a community development organization on behalf of the institution?
No. However, the Agencies will consider donated labor of employees or directors of a financial institution as a community development service if the activity meets the regulatory definition of “community development
service.”
When evaluating a qualified investment, what consideration will be given for prior-period investments?
When evaluating an institution’s qualified investment record, examiners will consider investments that were made prior to the current examination, but that are still
outstanding. Qualitative factors will affect the weight given to both current period and outstanding prior-period qualified investments.
For example, a prior-period outstanding investment with a multi-year impact that addresses assessment area
community development needs may receive more consideration than a current period investment of a comparable amount that is less responsive to area community development needs.
How do examiners evaluate loans or investments to organizations that, in turn, invest in instruments that do not have a community development purpose, and use only the income, or a portion of the income, from those investments to support their community development purpose?
Examiners will give quantitative consideration
for the dollar amount of funds that benefit an organization or activity that has a primary purpose of community development. If an institution invests in (or lends to) an organization that, in turn, invests those funds in instruments that do not have as their primary purpose community
development, such as Treasury securities, and uses only the income, or a portion of the income, from those investments to support the organization’s community development purposes, the Agencies will consider only the amount of the investment income used to benefit the organization or activity that has a community development purpose for CRA purposes.
Examiners will, however, provide consideration for such instruments when the organization invests solely as a means of securing capital for leveraging purposes, securing additional financing, or in order to generate a return with minimal risk until funds can be deployed toward the originally intended community development activity. The organization must express a bona fide intent to deploy the funds from investments and loans in a manner that primarily serves a community development purpose in order for the institution to
receive consideration under the applicable test.
How are Federal and state branch assets of a foreign bank calculated for purposes of the CRA?
A Federal or state branch of a foreign bank is considered a small institution if the Federal or state branch has
assets less than the asset threshold delineated in 12 CFR __.12(u)(1) for small institutions.
How often will the asset size
thresholds for small institutions and intermediate small institutions be changed, and how will these adjustments be communicated?
The asset size thresholds for “small institutions”
and “intermediate small institutions” will be adjusted annually based on changes to the Consumer Price Index.
More specifically, the dollar thresholds will be adjusted annually 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 12-month period ending in November, with rounding to the nearest million. Any changes in the asset size thresholds will be published in the Federal Register. Historical and current asset-size threshold information may be found on the FFIEC’s Web site.
Are loans to nonprofit organizations considered small business loans or are they considered community development loans?
To be considered a small business loan, a loan
must meet the definition of “loans to small businesses” in the instructions in the Call Report. In general, a loan to a nonprofit organization, for business or farm purposes, where the loan is secured by nonfarm nonresidential property and the original amount of the loan is $1 million or less, if a business
loan, or $500,000 or less, if a farm loan, would be reported in the Call Report as a small business or small farm loan.
If a loan to a nonprofit organization is reportable as a small business or small farm loan, it cannot also be considered as a community development loan, except by a wholesale or limited purpose institution. Loans to nonprofit organizations
that are not small business or small farm loans for Call Report purposes may be considered as community development loans if they meet the regulatory definition of “community
development.”
Are loans secured by commercial real estate considered small business loans?
Yes, depending on their principal amount. Small business loans include loans secured by “nonfarm nonresidential properties,” as defined in the Call Report, in amounts of $1 million or less.
Are loans secured by nonfarm residential real estate to finance small businesses “small business loans”?
Typically not. Loans secured by nonfarm residential real estate that are used to finance small businesses
are not included as “small business” loans for Call Report purposes unless the security interest in the nonfarm residential real estate is taken only as an abundance of caution. (See Call Report Glossary definition of “Loan Secured by Real Estate.”) The Agencies recognize that many small businesses are
financed by loans that would not have been made or would have been made on less favorable terms had they not been secured by residential real estate. If these loans promote community development, as defined in the regulation, they may be considered as community development loans. Otherwise, at an institution’s option, the institution may collect and maintain data separately concerning these loans
and request that the data be considered in its CRA evaluation as “Other Secured Lines/Loans for Purposes of Small Business.”
Are credit cards issued to small businesses considered “small business loans”?
Credit cards issued to a small business or to individuals to be used, with the institution’s knowledge, as business accounts are small business loans if they meet the definitional requirements in the Call Report instructions.
With regard to Wholesale institutions, what factors will the Agencies consider in determining whether an institution is in the business of extending home mortgage, small business, small farm, or consumer loans to retail customers? (2)
The Agencies will consider whether:
• the institution holds itself out to the retail public as
providing such loans.
• the institution’s revenues from extending such loans are significant when compared to its overall operations, including
off-balance sheet activities.
A wholesale institution may make some retail loans
without losing its wholesale designation.
How will examiners apply the performance criteria?
Examiners will apply the performance criteria
reasonably and fairly, in accord with the regulations, the examination procedures, and this guidance. In doing so, examiners will disregard efforts by an institution to manipulate business operations or present information in an artificial light that does not accurately reflect an institution’s overall record
of lending performance.
Are all community development activities weighted equally by examiners?
No. Examiners will consider the responsiveness to credit and community development needs, as well as the innovativeness and complexity, if applicable, of an institution’s community development lending, qualified investments, and community development services. These criteria include consideration of the degree to which they serve
as a catalyst for other community development activities. The criteria are designed to add a qualitative element to the evaluation of an institution’s performance. (“Innovativeness” and “complexity” are not factors in the community development test applicable to intermediate small institutions.)
“Responsiveness” to credit and community development needs is either a criterion or
otherwise a consideration in all of the performance tests. How do examiners evaluate whether a financial institution has been “responsive” to credit and community development needs? (3)
There are three important factors that examiners
consider when evaluating responsiveness: quantity, quality, and performance context.
Examiners evaluate the volume and type of an institution’s activities, i.e., retail and community development loans and services and qualified investments, as a first step in evaluating the institution’s responsiveness to credit
and community development needs.
In addition, an assessment of “responsiveness” encompasses the qualitative
aspects of performance, including the effectiveness of the activities. For example, some community development activities require specialized expertise or effort on the part of the institution or provide a benefit to the community that would not otherwise be made available. In some cases, a
smaller loan may have more benefit to a community than a larger loan. In other words, when evaluated qualitatively, some activities are more responsive than others. Activities are more responsive if they are successful in meeting identified credit and community development needs. For example, investing in a community development organization that specializes in originating home mortgage loans to low- or moderate-income individuals would be considered more responsive than an investment of the same amount in a single family
mortgage-backed security in which the majority of the loans are to low- or moderate-income borrowers. Although both of these activities may receive consideration as a qualified investment, the former example would be considered more responsive than the latter.
Examiners evaluate the responsiveness of an
institution’s activities to credit and community development needs in light of the institution’s performance context. That is, examiners consider the institution’s capacity, its business strategy, the needs of the community, and the opportunities for lending, investments, and services in the community.
How should examiners determine whether a bank has been responsive to the community development needs and opportunities in its AA in order to consider qualifying activities that benefit a broader statewide or regional area? (2)
When considering whether an institution has been responsive to community
development needs and opportunities in its assessment area(s), examiners will consider all of the institution’s community development activities in its assessment area(s).
Examiners will also consider as responsive to assessment area needs
community development activities that support an
organization or activity that covers an area that is larger than, but includes, the institution’s assessment area(s). This is true if the purpose, mandate, or function of the organization or activity includes serving geographies or individuals located within the institution’s assessment area(s), even though the
institution’s assessment area(s) did not receive an immediate or direct benefit from the institution’s participation in the organization or activity.
Ex: bank invests in a statewide community development fund that was organized with the purpose of providing community
development loans throughout the state in which the institution is located. Examiners would consider this investment when evaluating the institution’s responsiveness to community development needs and opportunities in its assessment area(s)
even if the fund had not provided a loan within the
institution’s assessment area(s).
What is meant by “innovativeness”?
“Innovativeness” is one of several qualitative considerations under the lending, investment, and service tests. The community development test for wholesale and limited purpose institutions similarly considers “innovative” loans, investments, and services in the evaluation of performance.
Under the CRA regulations, all innovative practices or
activities will be considered when an institution implements meaningful improvements to products, services, or delivery systems that respond more effectively to customer and
community needs, particularly those segments enumerated in the definition of community development.
Institutions should not innovate simply to meet this
criterion of the applicable test, particularly if, for example, existing products, services, or delivery systems effectively address the needs of all segments of the community.
Innovative activities are especially meaningful when they emphasize serving, for example, low or moderate-income consumers or distressed or underserved
nonmetropolitan middle-income geographies in new or more effective ways.
Innovativeness may also include products, services, or delivery systems already present in the assessment
area by institutions that are not leaders in innovation—due, for example, to the lack of available financial resources or technological expertise—when they subsequently introduce
those products, services, or delivery systems to their low- or moderate-income customers or segments of consumers or markets not previously served.
Practices that cease to be innovative may still receive qualitative consideration for being ______, _______, or ________.
Flexible, complex, or responsive
What is the performance context?
The performance context is a broad range of economic, demographic, and institution- and community specific information that an examiner reviews to understand the context in which an institution’s record of performance should be evaluated. The Agencies will provide examiners with some of this information. The performance context is not a formal assessment of community credit needs.
Will examiners consider
performance context information provided by institutions?
Yes. An institution may provide examiners with
any information it deems relevant, including information on the lending, investment, and service opportunities in its assessment area(s). This information may include data on the business opportunities addressed by lenders not subject to the
CRA.
Institutions are not required, however, to prepare a formal needs assessment. If an institution provides information to examiners, the Agencies will not expect information other than what the institution normally would develop to prepare a business plan or to identify potential markets and customers, including low- and moderate-income
persons and geographies in its assessment area(s). The
Agencies will not evaluate an institution’s efforts to ascertain community credit needs or rate an institution on the quality of any information it provides.
Will examiners conduct
community contact interviews as part of the examination process?
Yes. Examiners will consider information obtained from interviews with local community, civic, and
government leaders. These interviews provide examiners with knowledge regarding the local community, its economic base, and community development initiatives. To ensure that information from local leaders is considered – particularly in areas where the number of potential contacts may be limited –
examiners may use information obtained through an interview with a single community contact for examinations of more than one institution in a given market. In addition, the Agencies may consider information obtained from interviews conducted by other Agency staff and by the other Agencies. In order to augment contacts previously used by the Agencies and foster a wider array of contacts, the Agencies may share community contact information.
Will examiners consider factors outside of an institution’s control that prevent it from engaging
in certain activities?
Yes. Examiners will take into account statutory and supervisory limitations on an institution’s ability to engage in any lending, investment, and service activities.
For example, a savings association that has made few or no qualified investments due to its limited investment authority
may still receive a low satisfactory rating under the investment test if it has a strong lending record.
Can an institution’s assigned rating be adversely affected by poor past performance?
Yes. The Agencies will consider an institution’s
past performance in its overall evaluation. For example, an institution that received a rating of “needs to improve” in the past may receive a rating of “substantial noncompliance” if its performance has not improved.
How will examiners consider the performance of similarly situated lenders?
The performance context section of the regulation permits the performance of similarly situated lenders to be considered, for example, as one of a number of considerations in evaluating the geographic distribution of an institution’s loans to low-, moderate-, middle-, and upper income geographies. This analysis, as well as other analyses,
may be used, for example, where groups of contiguous
geographies within an institution’s assessment area(s) exhibit abnormally low penetration. In this regard, the performance of
similarly situated lenders may be analyzed if such an analysis would provide accurate insight into the institution’s lack of performance in those areas. The regulation does not require the use of a specific type of analysis under these
circumstances. Moreover, no ratio developed from any type of analysis is linked to any lending test rating.
The CRA provides that, in assessing the CRA performance of nonminority- and non-women-owned
(majority-owned) financial institutions, examiners may
consider as a factor capital investments, loan participations, and other ventures undertaken by the institutions in cooperation with minority- or women-owned financial institutions and low-income credit unions (MWLI), provided
that these activities help meet the credit needs of local communities in which the MWLIs are chartered. Must such activities also benefit the majority-owned financial institution’s assessment area(s)?
No. Although the regulations generally provide that an institution’s CRA activities will be evaluated for the
extent to which they benefit the institution’s assessment
area(s) or a broader statewide or regional area that includes the institution’s assessment area(s), the Agencies apply a broader
geographic criterion when evaluating capital investments, loan participations, and other ventures undertaken by that
institution in cooperation with MWLIs, as provided by the CRA. Thus, such activities will be favorably considered in the CRA performance evaluation of the institution (as loans,
investments, or services, as appropriate), even if the MWLIs are not located in, or such activities do not benefit, the assessment area(s) of the majority-owned institution or the
broader statewide or regional area that includes its assessment area(s). The activities must, however, help meet the credit
needs of the local communities in which the MWLIs are chartered. The impact of a majority-owned institution’s activities in cooperation with MWLIs on the majority-owned institution’s CRA rating will be determined in conjunction with its overall performance in its assessment area(s).
What are some examples of activities undertaken by a majority owned financial institution in cooperation with MWLIs that would receive CRA consideration? (5)
- making a deposit or capital investment;
- purchasing a participation in a loan;
- loaning an officer or providing other technical expertise to assist an MWLI in improving its lending policies and practices;
- providing financial support to enable an MWLI to partner with schools or universities to offer financial literacy education to members of its local community; or
- providing free or discounted data processing systems, or office facilities to aid an MWLI in serving its customers.
Are there any types of lending activities that help meet the credit needs of an institution’s assessment area(s) and that may warrant favorable consideration as activities that are responsive to the needs of the institution’s assessment area(s)? (4)
Credit needs vary from community to community.
However, there are some lending activities that are likely to be responsive in helping to meet the credit needs of many communities. These activities include:
- providing loan programs that include a financial education component about how to avoid lending activities that may be abusive or otherwise unsuitable;
- establishing loan programs that provide small, unsecured consumer loans in a safe and sound manner (i.e., based on the borrower’s ability to repay) and with reasonable terms;
• offering lending programs, which feature reporting to
consumer reporting agencies, that transition borrowers from loans with higher interest rates and fees (based on credit risk)
to lower-cost loans, consistent with safe and sound lending practices. Reporting to consumer reporting agencies allows
borrowers accessing these programs the opportunity to improve their credit histories and thereby improve their access to competitive credit products; and
• establishing loan programs with the objective of providing affordable, sustainable, long-term relief, for example, through loan refinancings, restructures, or modifications, to homeowners who are facing foreclosure on their primary residences.
Examiners may consider favorably such lending
activities, which have features augmenting the success and effectiveness of the small, intermediate small, or large institution’s lending programs.
If a large retail institution is not required to collect and report home mortgage data under the HMDA, will the Agencies still evaluate the institution’s home mortgage lending performance?
Yes. The Agencies will sample the institution’s
home mortgage loan files in order to assess its performance under the lending test criteria.
When will examiners
consider consumer loans as part of an institution’s CRA evaluation?
Consumer loans will be evaluated if the institution so elects and has collected and maintained the data; an institution that elects not to have its consumer loans evaluated will not be viewed less favorably by examiners than one that does.
However, if consumer loans constitute a substantial majority of the institution’s business, the Agencies
will evaluate them even if the institution does not so elect.
The Agencies interpret “substantial majority” to be so significant a portion of the institution’s lending activity by number and dollar volume of loans that the lending test evaluation would not meaningfully reflect its lending performance if consumer loans were excluded.
How are lending commitments (such as letters of credit) evaluated under the regulation?
The Agencies consider lending commitments
(such as letters of credit) only at the option of the institution, regardless of examination type. Commitments must be legally binding between an institution and a borrower in order to be considered. Information about lending commitments will be used by examiners to enhance their understanding of an
institution’s performance, but will be evaluated separately from the loans.
Will examiners review application data as part of the lending test?
Application activity is not a performance criterion of the lending test. However, examiners may consider this information in the performance context analysis because this information may give examiners insight on, for
example, the demand for loans.
May a financial institution receive consideration under CRA for home mortgage loan modification, extension, and consolidation agreements (MECA), in which it obtains home mortgage loans from other institutions without actually purchasing or refinancing the home mortgage loans, as those terms have been interpreted under CRA and HMDA, as implemented by 12 CFR part 1003?
Yes. In some states, MECAs, which are not considered loan refinancings because the existing loan obligations are not satisfied and replaced, are common.
Although these transactions are not considered to be purchases or refinancings, as those terms have been interpreted under CRA, they do achieve the same results. A small, intermediate small, or large institution may present information about its MECA activities with respect to home mortgages to examiners for consideration under the lending test as “other loan data.”
In addition to MECAs, what are other examples of “other loan data”? (5)
Other loan data include, for example,
• loans funded for sale to the secondary markets that an
institution has not reported under HMDA;
- unfunded loan commitments and letters of credit;
- commercial and consumer leases;
- loans secured by nonfarm residential real estate, not taken as an abundance of caution, that are used to finance small businesses or small farms and that are not reported as small business/ small farm loans or reported under HMDA; and
- an increase to a small business or small farm line of credit if the increase would cause the total line of credit to exceed $1 million, in the case of a small business line; or $500,000, in the case of a small farm line.
Do institutions receive
consideration for originating or purchasing loans that are fully guaranteed?
Yes. For all examination types, examiners evaluate an institution’s record of helping to meet the credit
needs of its assessment area(s) through the origination or purchase of specified types of loans. Examiners do not take into account whether or not such loans are guaranteed.
Do institutions receive
consideration for purchasing loan participations?
Yes. Examiners will consider the amount of loan participations purchased when evaluating an institution’s record of helping to meet the credit needs of its assessment
area(s) through the origination or purchase of specified types of loans, regardless of examination type. As with other loan purchases, examiners will evaluate whether loan participations purchased by an institution, which have been sold and purchased a number of times, artificially inflate CRA performance.
How are refinancings of small business loans, which are secured by a one-to-four family residence and that have been reported under HMDA as a refinancing, evaluated under CRA?
A loan of $1 million or less with a business purpose that is secured by a one-to-four family residence is considered a small business loan for CRA purposes only if the security interest in the residential property was taken as an abundance of caution and where the terms have not been made more favorable than they would have been in the absence of
the lien. (See Call Report Glossary definition of “Loan
Secured by Real Estate.”)
If this same loan is refinanced and the new loan is also secured by a one-to-four family residence, but only through an abundance of caution, this loan is reported not only as a refinancing under HMDA, but also as a small business loan under CRA. (Note that small farm loans are similarly treated.) It is not anticipated that “double-reported” loans will be so numerous as to affect the typical institution’s CRA rating.
In the event that an institution reports a significant number or amount of loans as both home mortgage and small business loans, examiners will consider that overlap in
evaluating the institution’s performance and generally will consider the “double-reported” loans as small business loans for CRA consideration.
The origination of a small business or small farm loan that is secured by a one-to-four family residence is not
reportable under HMDA, unless the purpose of the loan is home purchase or home improvement. Nor is the loan reported as a small business or small farm loan if the security interest is not taken merely as an abundance of caution. Any
such loan may be provided to examiners as “other loan data” (“Other Secured Lines/Loans for Purposes of Small Business”) for consideration during a CRA evaluation. The refinancings of such loans would be
reported under HMDA.
How will the Agencies apply the lending activity criterion to discourage an institution from originating loans that are viewed favorably under CRA in the institution itself and referring other loans, which are not viewed as favorably, for origination by an affiliate? (2)
Examiners will review closely institutions with
(1) a small number and amount of home mortgage loans with an unusually good distribution among low- and moderate income areas and low- and moderate-income borrowers and
(2) a policy of referring most, but not all, of their home mortgage loans to affiliated institutions.
If an institution is making loans mostly to low- and moderate-income individuals and areas and referring the rest of the loan applicants to an affiliate for the purpose of receiving a favorable CRA rating, examiners may conclude that the institution’s lending activity is not satisfactory because it has inappropriately attempted to
influence the rating. In evaluating an institution’s lending, examiners will consider legitimate business reasons for the allocation of the lending activity.
How do the geographic
distribution of loans and the distribution of lending by
borrower characteristics interact in the lending test applicable to either large or small institutions?
Examiners generally will consider both the distribution of an institution’s loans among geographies of different income levels, and among borrowers of different
income levels and businesses and farms of different sizes. The importance of the borrower distribution criterion, particularly in relation to the geographic distribution criterion, will depend on the performance context. For example, distribution among borrowers with different income levels may be more important in areas without identifiable geographies of different income categories. On the other hand, geographic distribution may be more important in areas with the full range of geographies of different income categories.
Must an institution lend to
all portions of its assessment area?
The term “assessment area” describes the geographic area within which the agencies assess how well an
institution, regardless of examination type, has met the specific performance tests and standards in the rule. The Agencies do not expect that simply because a census tract is within an institution’s assessment area(s), the institution must
lend to that census tract.
Rather the Agencies will be
concerned with conspicuous gaps in loan distribution that are not explained by the performance context. Similarly, if an institution delineated the entire county in which it is located as
its assessment area, but could have delineated its assessment area as only a portion of the county, it will not be penalized for lending only in that portion of the county, so long as that
portion does not reflect illegal discrimination or arbitrarily exclude low- or moderate-income geographies.
The capacity and constraints of an institution, its business decisions about how it can best help to meet the needs of its assessment area(s), including those of low- and moderate-income neighborhoods, and other aspects of the performance context, are all relevant to explain why the institution is serving or not serving portions of its assessment area(s).
Will examiners take into
account loans made by affiliates when evaluating the proportion of an institution’s lending in its assessment area(s)?
Examiners will not take into account loans made by affiliates when determining the proportion of an institution’s lending in its assessment area(s), even if the institution elects to have its affiliate lending considered in the remainder of the lending test evaluation. However, examiners may consider an institution’s business strategy of conducting
lending through an affiliate in order to determine whether a low proportion of lending in the assessment
area(s) should adversely affect the institution’s lending test rating.
When will examiners consider loans (other than community development loans) made outside an institution’s assessment area(s)?
Consideration will be given for loans to low and moderate-income persons and small business and farm
loans outside of an institution’s assessment area(s), provided the institution has adequately addressed the needs of
borrowers within its assessment area(s). The Agencies will apply this consideration not only to loans made by large retail
institutions being evaluated under the lending test, but also to loans made by small and intermediate small institutions being evaluated under their respective performance standards.
Loans to low- and moderate-income persons and small
businesses and farms outside of an institution’s assessment area(s), however, will not compensate for poor lending performance within the institution’s assessment area(s).
Under the lending test
applicable to small, intermediate small, or large institutions, how will examiners evaluate home mortgage loans to middle or
upper-income individuals in a low- or moderate-income
geography?
Examiners will consider these home mortgage loans under the performance criteria of the lending test, i.e., by number and amount of home mortgage loans, whether they are inside or outside the financial institution’s assessment area(s), their geographic distribution, and the income levels of the borrowers.
Examiners will use information regarding the
financial institution’s performance context to determine how to evaluate the loans under these performance criteria.
Depending on the performance context, examiners could view home mortgage loans to middle-income individuals in a low income geography very differently. For example, if the loans are for homes or multifamily housing located in an area for which the local, state, tribal, or Federal government or a community-based development organization has developed a revitalization or stabilization plan (such as a Federal enterprise community or empowerment zone) that includes attracting
mixed-income residents to establish a stabilized, economically diverse neighborhood, examiners may give more consideration
to such loans, which may be viewed as serving the low- or moderate-income community’s needs as well as serving those of the middle- or upper-income borrowers.
If, on the other hand, no such plan exists and there is no other evidence of governmental support for a revitalization or stabilization project in the area and the loans to middle- or upper-income borrowers significantly disadvantage or primarily have the effect of displacing low- or moderate-income residents, examiners may view these loans simply as home mortgage loans to middle- or upper-income borrowers who happen to
reside in a low- or moderate-income geography and weigh them accordingly in their evaluation of the institution.
When evaluating an institution’s record of community development lending under the lending
test applicable to large institutions, may an examiner distinguish among community development loans on the basis of the actual amount of the loan that advances the community development purpose?
Yes. When evaluating the institution’s record of
community development lending under 12 CFR__.22(b)(4), it is appropriate to give greater weight to the amount of the loan that is targeted to the intended community development purpose.
The extent of CRA consideration an institution receives for its community
development loans should bear a direct relation to the benefits received by the community and the innovation or complexity
of the loans required to accomplish the activity, not simply to the dollar amount expended on a particular transaction. By applying all lending test performance criteria, a community development loan of a lower dollar amount could meet the credit needs of the institution’s community to a greater extent than a community development loan with a higher dollar
amount, but with less innovation, complexity, or impact on the community.
For the following example, which CD loan should be given more weight when determining conclusions?
Consider two $10 million projects (with a total of 100 units each) that have as their express primary purpose affordable housing and are located in the same community. One of these projects sets aside 40 percent of its units for low-income residents and the other project allocates 65 percent of its units for low-income residents. An institution would report both loans as $10 million community development loans under the 12 CFR __.42(b)(2) aggregate reporting obligation.
Transaction complexity, innovation and all other relevant considerations being equal, an examiner should also take into account that the 65 percent project provides more affordable housing for more people per dollar expended.
Thus giving it more weight.
How do examiners consider
community development loans in the evaluation of an
institution’s record of lending under the lending test applicable to large institutions?
An institution’s record of making community development loans may have a positive, neutral, or negative impact on the lending test rating. Community development
lending is one of five performance criteria in the lending test criteria and, as such, it is considered at every examination. As with all lending test criteria, examiners evaluate an institution’s record of making community development loans in the context of an institution’s business model, the needs of its community, and the availability of community development opportunities in its assessment area(s) or the broader statewide or regional area(s) that includes the assessment area(s).
For example, in some cases community development lending could have either a neutral or negative impact when the volume and number of community development loans are not
adequate, depending on the performance context, while in other cases, it would have a positive impact when the
institution is a leader in community development lending.
Additionally, strong performance in retail lending may compensate for weak performance in community development
lending, and conversely, strong community development lending may compensate for weak retail lending performance.
What do examiners consider in evaluating the innovativeness or flexibility of an institution’s lending under the lending test applicable to large institutions?
In evaluating the innovativeness or flexibility of an institution’s lending practices (and the complexity and innovativeness of its community development lending), examiners will not be limited to reviewing the overall variety and specific terms and conditions of the credit product themselves. Examiners also consider whether, and the extent
to which, innovative or flexible terms or products augment the success and effectiveness of the institution’s community development loan programs or, more generally, of its loan programs that address the credit needs of low- or moderate income geographies or individuals. Historically, many institutions have used innovative and flexible lending practices to customize loans to their customers’ specific needs in a safe and sound manner. However, an innovative or flexible lending practice is not required in order to obtain a specific CRA rating.
What are some examples of lending practices that are considered innovative or flexible? (4)
-In connection with a community development loan program, an institution may establish a technical assistance program under which the institution, directly or through third parties, provides affordable housing developers and other loan
recipients with financial consulting services. Such a technical assistance program may, by itself, constitute a community development service eligible for consideration under the
service test of the CRA regulations. In addition, the technical assistance may be considered as an innovative or flexible practice that augments the success and effectiveness of the related community development loan program.
• In connection with a small business lending program in a low- or moderate-income area and consistent with safe and sound lending practices, an institution may implement a program under which, in addition to providing financing, the institution also contracts with the small business borrowers. Such a contracting arrangement would not, itself, qualify for
CRA consideration. However, it may be considered as an
innovative or flexible practice that augments the loan program’s success and effectiveness, and improves the program’s ability to serve community development needs by helping to promote economic development through support of small business activities and revitalization or stabilization of low- or moderate-income geographies.
• In connection with a small dollar loan program with
reasonable terms and offered in a safe and sound manner, which includes evaluating an individual’s ability to repay, an institution may establish outreach initiatives or financial counseling targeted to low- or moderate-income individuals or communities. The institution’s efforts to encourage the availability, awareness, and use of the small dollar loan program to meet the credit needs of low- and moderate-income
individuals, in lieu of higher-cost credit, should augment the success and effectiveness of the lending program. Such loans may be considered responsive and
the use of such outreach initiatives in conjunction with
financial literacy education or linked savings programs also may be considered as an innovative or flexible practice to the extent that they augment the success and effectiveness of the
related loan program. Such initiatives may receive consideration under other performance criteria as well. For example, an initiative to partner with a nonprofit organization to provide financial counseling that encourages responsible
use of credit may, by itself, constitute a community
development service eligible for consideration under the
service test.
• In connection with a mortgage or consumer lending program targeted to low- or moderate-income geographies or individuals, consistent with safe and sound lending practices,
an institution may establish underwriting standards that utilize alternative credit histories, such as utility or rent payments, in an effort to evaluate low- or moderate-income individuals who
lack sufficient conventional credit histories and who would be denied credit under the institution’s traditional underwriting
standards. The use of alternative credit histories in this manner to demonstrate that consumers have a timely and consistent record of paying their obligations may be considered as an innovative or flexible practice that augments
the success and effectiveness of the lending program.
If an institution, regardless of examination type, elects to have loans by its affiliate(s) considered, may it elect to have only certain categories of loans considered?
Yes. An institution may elect to have only a particular category of its affiliate’s lending considered. The
basic categories of loans are home mortgage loans, small
business loans, small farm loans, community development loans, and the five categories of consumer loans (motor vehicle loans, credit card loans, home equity loans, other secured loans, and other unsecured loans).
No affiliate may claim a loan origination or loan purchase if another institution claims the same loan origination or purchase. Regardless of examination type, how is this constraint on affiliate lending applied?
This constraint prohibits one affiliate from claiming a loan origination or purchase claimed by another affiliate. However, an institution can count as a purchase a loan originated by an affiliate that the institution subsequently
purchases, or count as an origination a loan later sold to an affiliate, provided the same loans are not sold several times to inflate their value for CRA purposes. For example, assume that two institutions are affiliated. Institution A originates a
loan and claims it as a loan origination. Institution B later
purchases the loan. Institution B may count the loan as a purchased loan.
The same institution may not count both the origination and purchase. Thus, for example, if an institution
claims loans made by an affiliated mortgage company as loan originations, the institution may not also count the loans as purchased loans if it later purchases the loans from its
affiliate.
If an institution elects to have its supervisory Agency consider loans within a particular lending category
made by one or more of the institution’s affiliates in a
particular assessment area, the institution shall elect to have the Agency consider all loans within that lending category in that particular assessment area made by all of the institution’s affiliates.
Regardless of examination type, how is this constraint on affiliate lending applied?
This constraint prohibits “cherry-picking” affiliate loans within any one category of loans. The constraint requires an institution that elects to have a particular category of affiliate lending in a particular assessment area
considered to include all loans of that type made by all of its affiliates in that particular assessment area.
For example, assume that an institution has several affiliates, including a
mortgage company that makes loans in the institution’s assessment area. If the institution elects to include the mortgage company’s home mortgage loans, it must include all
of its affiliates’ home mortgage loans made in its assessment area. In addition, the institution cannot elect to include only
those low- and moderate-income home mortgage loans made by its affiliates and not home mortgage loans to middle- and
upper-income individuals or areas.
If an institution elects to have its supervisory Agency consider loans within a particular lending category
made by one or more of the institution’s affiliates in a
particular assessment area, the institution shall elect to have the Agency consider all loans within that lending category in that particular assessment area made by all of the institution’s affiliates.
Regardless of examination type, how is this constraint applied if an institution’s affiliates are also insured depository institutions subject to the CRA?
Strict application of this constraint against “cherry-picking” to loans of an affiliate that is also an insured depository institution covered by the CRA would produce the anomalous result that the other institution would, without its consent, not be able to count its own loans. Because the Agencies did not intend to deprive an institution subject to the CRA of receiving consideration for its own lending, the Agencies read this constraint slightly differently in cases involving a group of affiliated institutions, some of which are subject to the CRA and share the same assessment area(s). In those circumstances, an institution that elects to include all of its mortgage affiliate’s home mortgage loans in its assessment area would not automatically be required to include all home mortgage loans in its assessment area of another affiliate institution subject to the CRA. However, all loans of a particular type made by any affiliate in the institution’s assessment area(s) must either be counted by the lending institution or by another affiliate institution that is subject to the CRA. This reading reflects the fact that a holding company may, for business reasons, choose to transact different aspects of its business in different subsidiary institutions. However, the method by which loans are allocated among the institutions for CRA purposes must reflect actual business decisions about the allocation of banking activities among the institutions and should not be designed solely to enhance their CRA evaluations.
Will equity and equity-type
investments in a third party receive consideration under the lending test?
If an institution has made an equity or equity type investment in a third party, community development
loans made by the third party may be considered under the lending test. On the other hand, asset-backed and debt securities that do not represent an equity-type interest in a
third party will not be considered under the lending test unless the securities are booked by the purchasing institution as a
loan.
For example, if an institution purchases stock in a CDC
that primarily lends in low- and moderate-income areas or to low- and moderate-income individuals in order to promote community development, the institution may claim a pro rata share of the CDC’s loans as community development loans. The institution’s pro rata share is based on its percentage of equity ownership in the CDC. (Note that in connection with an
intermediate small institution’s CRA performance evaluation,
community development loans, including pro rata shares of community development loans, are considered only in the
community development test.)
Regardless of examination type, how will examiners evaluate loans made by consortia or third parties?
Loans originated or purchased by consortia in
which an institution participates or by third parties in which an institution invests will be considered only if they qualify as community development loans and will be considered only under the community development criterion. However, loans
originated directly on the books of an institution or purchased by the institution are considered to have been made or purchased directly by the institution, even if the institution originated or purchased the loans as a result of its participation
in a loan consortium. These loans would be considered under the lending test or community development test criteria appropriate to them depending on the type of loan and type of examination.
In some circumstances, an institution may invest in a third party, such as a community development
bank, that is also an insured depository institution and is thus subject to CRA requirements. If the investing institution requests its supervisory Agency to consider its pro rata share
of community development loans made by the third party, as allowed under 12 CFR __.22(d), may the third party also receive consideration for these loans?
Yes, regardless of examination type, as long as
the financial institution and the third party are not affiliates.
The regulations state that two affiliates may not both claim the same loan origination or loan purchase. However, if the financial institution and the third party are not affiliates, the third party may receive
consideration for the community development loans it originates, and the financial institution that invested in the third party may also receive consideration for its pro rata share of the same community development loans
May an institution, regardless of examination type, receive consideration under the CRA regulations if it invests indirectly through a fund, the purpose of which is community development, as that is defined in the CRA regulations?
Yes, the direct or indirect nature of the qualified
investment does not affect whether an institution will receive consideration under the CRA regulations because the regulations do not distinguish between “direct” and “indirect”
investments. Thus, an institution’s investment in an equity fund that, in turn, invests in projects that, for example, provide affordable housing to low- and moderate-income individuals, would receive consideration as a qualified investment under the CRA regulations, provided the investment benefits one or
more of the institution’s assessment area(s) or a broader statewide or regional area(s) that includes one or more of the
institution’s assessment area(s). Similarly, an institution may receive consideration for a direct qualified investment in a
nonprofit organization that, for example, supports affordable housing for low- and moderate-income individuals in the institution’s assessment area(s) or a broader statewide or regional area(s) that includes the institution’s assessment area(s).
In order to receive CRA
consideration, what information may an institution provide that would demonstrate that an investment in a nationwide
fund with a primary purpose of community development will directly or indirectly benefit one or more of the institution’s assessment area(s) or a broader statewide or regional area that includes the institution’s assessment area(s)?
In making this determination, the Agencies will consider any information provided by a financial institution that reasonably demonstrates that the purpose, mandate, or function of the fund includes serving geographies or individuals located within the institution’s assessment area(s) or a broader statewide or regional area that includes the institution’s assessment area(s).
Typically, information about
where a fund’s investments are expected to be made or
targeted will be found in the fund’s prospectus, or other
documents provided by the fund prior to or at the time of the institution’s investment, and the institution, at its option, may provide such documentation in connection with its CRA
evaluation.
Nationwide funds are important sources of investments in low- and moderate-income and underserved communities throughout the country and can be an efficient vehicle for institutions in making qualified investments that
help meet community development needs. Nationwide funds may be suitable investment opportunities, particularly for large financial institutions with a nationwide branch footprint. Other financial institutions, including those with a nationwide business focus, may find such funds to be efficient investment
vehicles to help meet community development needs in their assessment area(s) or the broader statewide or regional area
that includes their assessment area(s). Prior to investing in such a fund, an institution should consider reviewing the fund’s investment record to see if it is generally consistent
with the institution’s investment goals and the geographic considerations in the regulations. Examiners will consider investments in nationwide funds that benefit the institution’s
assessment area(s). Examiners will also consider investments in nationwide funds that benefit the broader statewide or regional area that includes the institution’s assessment area(s)
Even though the regulations state that an activity that is considered under the lending or service tests
cannot also be considered under the investment test, may parts of an activity be considered under one test and other parts be considered under another test?
Yes, in some instances the nature of an activity
may make it eligible for consideration under more than one of the performance tests. For example, certain investments and related support provided by a large retail institution to a CDC
may be evaluated under the lending, investment, and service tests. Under the service test, the institution may receive consideration for any community development services that it
provides to the CDC, such as service by an executive of the institution on the CDC’s board of directors. If the institution makes an investment in the CDC that the CDC uses to make
community development loans, the institution may receive consideration under the lending test for its pro rata share of community development loans made by the CDC. Alternatively, the institution’s investment may be considered under the investment test, assuming it is a qualified investment. In addition, an institution may elect to have a part of its investment considered under the lending test and the remaining part considered under the investment test. If the
investing institution opts to have a portion of its investment evaluated under the lending test by claiming its pro rata share of the CDC’s community development loans, the amount of investment considered under the investment test will be offset
by that portion. Thus, the institution would receive
consideration under the investment test for only the amount of its investment multiplied by the percentage of the CDC’s assets that meet the definition of a qualified investment.
If home mortgage loans to low- and moderate-income borrowers have been considered under an
institution’s lending test, may the institution that originated or purchased them also receive consideration under the investment test if it subsequently purchases mortgage-backed securities that are primarily or exclusively backed by such
loans?
No. Because the institution received lending test consideration for the loans that underlie the securities, the institution may not also receive consideration under the investment test for its purchase of the securities. Of course, an institution may receive investment test consideration for purchases of mortgage-backed securities that are backed by loans to low- and moderate-income individuals as long as the securities are not backed primarily or exclusively by loans that the same institution originated or purchased.
When applying the four performance criteria of 12 CFR __.23(e), may an examiner distinguish among qualified investments based on how much of the investment actually supports the underlying community
development purpose?
Yes. By applying all the criteria, a qualified investment of a lower dollar amount may be weighed more heavily under the investment test than a qualified investment with a higher dollar amount that has fewer qualitative enhancements. The criteria permit an examiner to
qualitatively weight certain investments differently or to make other appropriate distinctions when evaluating an institution’s record of making qualified investments.
For instance, an examiner should take into account that a targeted mortgage backed security that qualifies as an affordable housing issue
that has only 60 percent of its face value supported by loans to low- or moderate-income borrowers would not provide as much affordable housing for low- and moderate-income individuals as a targeted mortgage-backed security with 100
percent of its face value supported by affordable housing loans to low- and moderate-income borrowers. The examiner
should describe any differential weighting (or other adjustment), and its basis in the Performance Evaluation.
How do examiners evaluate an institution’s qualified investment in a fund, the primary purpose of which is community development, as defined in the CRA regulations? (4)
When evaluating qualified investments that benefit an institution’s assessment area(s) or a broader statewide or regional area that includes its assessment area(s), examiners will look at the following four performance 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.
With respect to the first criterion, examiners will determine the dollar amount of qualified investments by
relying on the figures recorded by the institution according to generally accepted accounting principles (GAAP). Although
institutions may exercise a range of investment strategies, including short-term investments, long-term investments, investments that are immediately funded, and investments with a binding, up-front commitment that are funded over a period of time, institutions making the same dollar amount of investments over the same number of years, all other performance criteria being equal, would receive the same level of consideration. Examiners will include both new and
outstanding investments in this determination. The dollar amount of qualified investments also will include the dollar amount of legally binding commitments recorded by the institution according to GAAP.
The extent to which qualified investments receive consideration, however, depends on how examiners evaluate the investments under the remaining three performance criteria – innovativeness and
complexity, responsiveness, and degree to which the investment is not routinely provided by private investors. Examiners also will consider factors relevant to the institution’s CRA performance context, such as the effect of outstanding long-term qualified investments, the pay-in
schedule, and the amount of any cash call, on the capacity of the institution to make new investments.
How do examiners evaluate retail banking services (2) and community development services (2) under the large institution service test?
Retail banking services and community development services are the two components of the service test and are both important in evaluating a large institution’s performance.
In evaluating retail banking services, examiners consider:
- the availability and effectiveness of an institution’s systems for delivering banking services, particularly in low and moderate-income geographies and to low- and moderate income individuals;
- 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.
In evaluating community development services,
examiners consider:
- the extent to which the institution provides such services and
- their innovativeness and responsiveness to community needs.
Examiners will consider any information provided by the institution that demonstrates community development services benefit low- or
moderate-income individuals or are responsive to community development needs.
What are the two components to the large bank service test?
Retail banking services and community development services are the two components of the service
test and are both important in evaluating a large institution’s performance.
What are some examples of retail banking services that improve access to financial services, or decrease costs for LMI individuals? (5)
• low-cost deposit accounts;
• electronic benefit transfer accounts and point of sale
terminal systems;
- individual development accounts;
- free or low-cost government, payroll, or other check cashing services; and
- reasonably priced international remittance services.
How do examiners evaluate the availability and effectiveness of an institution’s systems for delivering retail banking services?
Convenient access to full service branches within a community is an important factor in determining the
availability of credit and non-credit services. Therefore, the service test performance standards place primary emphasis on full service branches while still considering alternative
systems. The principal focus is on an institution’s current
distribution of branches and its record of opening and closing branches, particularly branches located in low- or moderate income geographies or primarily serving low- or moderate income individuals.
However, an institution is not required to expand its branch network or operate unprofitable branches.
Under the service test, alternative systems for delivering retail banking services are considered only to the extent that they are effective alternatives in providing needed services to low- and moderate-income areas and individuals.
How do examiners evaluate an institution’s activities in connection with Individual Development Accounts (IDA)? (6)
Although there is no standard IDA program,
IDAs typically are deposit accounts targeted to low- and moderate-income families that are designed to help them accumulate savings for education or job-training, down payment
and closing costs on a new home, or start-up capital
for a small business. Once participants have successfully funded an IDA, their personal IDA savings are matched by a public or private entity. Financial institution participation in
IDA programs comes in a variety of forms, including providing retail banking services to IDA accountholders, providing matching dollars or operating funds to an IDA
program, designing or implementing IDA programs, providing consumer financial education to IDA accountholders or prospective accountholders, or other means.
The extent of financial institutions’ involvement in IDAs and the products
and services they offer in connection with the accounts will vary. Thus, subject to 12 CFR __.23(b), examiners evaluate the actual services and products provided by an institution in
connection with IDA programs as one or more of the following:
- community development services,
- retail banking services,
- qualified investments,
- home mortgage loans,
- small business loans, -consumer loans, or
- community development
loans.
Note that all types of institutions may participate in
IDA programs. Their IDA activities are evaluated under the performance criteria of the type of examination applicable to
the particular institution.
How do examiners evaluate
alternative systems for delivering retail banking services? (6)
To determine whether a financial institution’s alternative delivery system is an available and effective means of delivering retail banking services in low and
moderate-income geographies and to low- and moderate income individuals, examiners may consider a variety of factors, including:
- the ease of access, whether physical or virtual;
- the cost to consumers, as compared with the institution’s other delivery systems;
- the range of services delivered;
- the ease of use;
- the rate of adoption and use; and
- the reliability of the system.
Examiners will consider any information an institution maintains and provides to examiners demonstrating
that the institution’s alternative delivery systems are available to, and used by, low- or moderate-income individuals, such as data on customer usage or transactions.
What are some examples of alternative systems used by banks to deliver retail banking services to customers?
Non-branch delivery systems, such as ATMs,
online and mobile banking, and other means by which
institutions provide services to their customers evolve over time.
No matter the means of delivery, examiners evaluate the extent to which the alternative delivery systems are available and effective in providing financial services to low- and moderate-income geographies and individuals.
For example, a system may be determined to be effective based on the accessibility of the system to low- and moderate-income
geographies and individuals.
Are debit cards considered under the service test as an alternative delivery system?
By themselves, no. However, if debit cards are a part of a larger combination of products, such as a comprehensive electronic banking service, that allows an institution to deliver needed services to low- and moderate income areas and individuals in its community, the overall delivery system that includes the debit card feature would be considered an alternative delivery system.
How do examiners evaluate the range of services provided in low-, moderate-, middle-, and upper-income geographies and the degree to which those services are tailored to meet the needs of those geographies?
Examiners review both information from the institution’s public file and other information provided related to the range of services offered and how they are tailored to meet the particular needs of low- and moderate-income geographies.
Examiners always review the information that institutions must maintain in their public files: a list of services
generally offered at their branches, including their hours of operation; available loan and deposit products; transaction fees, as well as descriptions, where applicable, of material differences in the availability or cost of services at particular branches. The information provided
by the financial institution to identify the types of services
offered and any differences in services among its branches in different geographies may indicate how 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.
Examiners also review any other information provided by the institution, such as data regarding the costs and features of loan and deposit products, account usage and retention, geographic location of accountholders, the availability of information in languages other than English, and any other relevant information demonstrating that its services are tailored to meet
the needs of its customers in the various geographies in its assessment area(s). Any information that institutions may maintain regarding services offered through alternative delivery systems and through collaborations with government, community, educational or
employer organizations to offer or expand the range of
services or access to services, particularly designed to meet the needs of their assessment area(s), including low- and moderate-income communities will also be considered.
Examiners will also review information provided by the public through comments or community contacts.
Under what conditions may an institution receive consideration for community development services offered by affiliates or third parties?
At an institution’s option, the Agencies will consider services performed by an affiliate or by a third party
on the institution’s behalf under the service test if the services provided enable the institution to help meet the credit needs of its community. Indirect services that enhance an institution’s
ability to deliver credit products or deposit services within its community and that can be quantified may be considered under the service test, if those services have not been
considered already under the lending or investment test.
For example, an institution that contracts with a community organization to provide home ownership counseling to low- and moderate-income home
buyers as part of the institution’s mortgage program may receive consideration for that indirect service under the service test.
In contrast, donations to a community organization that
offers financial services to low- or moderate-income
individuals may be considered under the investment test, but
would not also be eligible for consideration under the service test. Services performed by an affiliate will be treated the same as affiliate loans and investments made in the
institution’s assessment area and may be considered if the service is not claimed by any other institution.
In evaluating community
development services, what quantitative and qualitative factors do examiners review?
Examiners assess quantitative factors to determine the extent
to which community development services are offered and used. The review is not limited to a single quantitative factor.
For example, quantitative factors may include the number of:
• low- or moderate-income participants;
• organizations served;
• sessions sponsored; or
• financial institution staff hours devoted.
Examiners will also consider qualitative factors by assessing the degree to which community development services are innovative or responsive to community needs. These
performance criteria recognize that community development services sometimes require special expertise and effort on the
part of the institution and provide benefit to the community that would not otherwise be possible. Such an assessment will depend on the impact of a particular activity on community needs and the benefits received by a community.
For example, a financial institution employee’s unique expertise and service on the board of a community organization may demonstrate these qualitative factors when the employee’s ongoing engagement significantly improves the products, services or operations of
the community development organization.
Examiners will consider any relevant information provided by the institution and from third parties that
documents the extent, innovativeness, and responsiveness of community development services.
Scope of Community Development test for Wholesale or limited purpose banks:
How can certain credit card banks help to meet the credit needs of their communities without losing their exemption from the definition of “bank” in the Bank Holding Company Act (BHCA), as amended by the Competitive Equality Banking Act of 1987 (CEBA)?
Although the BHCA restricts institutions known as CEBA credit card banks to credit card operations, a CEBA credit card bank can engage in community development
activities without losing its exemption under the BHCA. A CEBA credit card bank could provide community
development services and investments without engaging in operations other than credit card operations.
For example, the bank could provide credit card counseling, or the financial
expertise of its executives, free of charge, to community
development organizations. In addition, a CEBA credit card bank could make qualified investments, as long as the investments meet the guidelines for passive and noncontrolling
investments provided in the BHCA and the Board’s Regulation Y.
Finally, although a CEBA credit card bank cannot make any loans other than credit card loans, the bank could elect to have part of its qualified passive and noncontrolling investments in a third-party lending consortium considered as community development
lending, provided that the consortium’s loans otherwise meet the requirements for community development lending. When
assessing a CEBA credit card bank’s CRA performance under the community development test, examiners will take into
account the bank’s performance context. In particular, examiners will consider the legal constraints imposed by the
BHCA on the bank’s activities, as part of the bank’s performance context in 12 CFR __.21(b)(4).
Indirect Activities of Community Development test for Wholesale or limited purpose banks:
How are investments in third-party community development organizations considered under the community development test?
Similar to the lending test for retail institutions, investments in third-party community development
organizations may be considered as qualified investments or as community development loans or both (provided there is no double counting), at the institution’s option.
Community Development test for Wholesale or limited purpose banks, Benefit to AAs:
How do examiners evaluate a wholesale or limited purpose institution’s qualified investment in a fund that invests in projects nationwide and which has a
primary purpose of community development, as that is defined in the regulations?
If examiners find that a wholesale or limited purpose institution has adequately addressed the needs of its assessment area(s), they will give consideration to qualified
investments, as well as community development loans and community development services, by that institution nationwide. In determining whether an institution has adequately addressed the needs of its assessment area(s), examiners will consider qualified investments that benefit a broader statewide or regional area that includes the institution’s assessment area(s).
Community Development test for Wholesale or limited purpose banks, Community Development performance rating:
Must a wholesale or limited purpose institution engage in all three categories of community development activities (lending, investment, and service) to
perform well under the community development test?
No, a wholesale or limited purpose institution may perform well under the community development test by engaging in one or more of these activities.
When evaluating a small or intermediate small institution’s performance, will examiners consider, at the institution’s request, retail and community development loans originated or purchased by affiliates, qualified investments made by affiliates, or community development services provided by affiliates?
Yes. However, a small institution that elects to
have examiners consider affiliate activities must maintain sufficient information that the examiners may evaluate these activities under the appropriate performance criteria and ensure that the activities are not claimed by another institution. The constraints applicable to affiliate activities claimed by
large institutions also apply to small and intermediate small institutions. Examiners will not include affiliate lending in calculating the percentage of loans and, as appropriate, other lending-related activities located in an institution’s assessment area(s).
When is an institution examined as an intermediate small institution?
When a small institution has met the intermediate small institution asset threshold delineated in 12 CFR __.12(u)(1) for two consecutive calendar year-ends, the institution may be examined under the intermediate small
institution examination procedures. The regulation does not specify an additional lag period between becoming an
intermediate small institution and being examined as an
intermediate small institution, as it does for large institutions, because an intermediate small institution is not subject to CRA data collection and reporting requirements. Institutions should contact their primary regulator for information on examination
schedules.
Lending test:
May examiners consider, under one or more of the performance criteria of the small institution performance standards, lending-related activities, such as community development loans and lending-related qualified
investments, when evaluating a small institution?
Yes. Examiners can consider “lending-related activities,” including community development loans and
lending-related qualified investments, when evaluating the first four performance criteria of the small institution performance test. Although lending-related activities are
specifically mentioned in the regulation in connection with only the first three criteria (i.e., loan-to-deposit ratio, percentage of loans in the institution’s assessment area(s), and lending to borrowers of different incomes and businesses of
different sizes), examiners can also consider these activities when they evaluate the fourth criteria – geographic distribution of the institution’s loans.
Although lending-related community development
activities are evaluated under the community development test applicable to intermediate small institutions, these activities
may also augment the loan-to-deposit ratio analysis and the percentage of loans in the intermediate small institution’s assessment area(s) analysis if appropriate.
What is meant by “as appropriate” when referring to the fact that lending-related activities will be
considered, “as appropriate,” under the various small institution performance criteria?
“As appropriate” means that lending-related activities will be considered when it is necessary to determine whether an institution meets or exceeds the standards for a satisfactory rating.
Examiners will also consider other lending-related activities at an institution’s request, provided they have not also been considered under the community development test applicable to intermediate small institutions.
When evaluating a small institution’s lending performance, will examiners consider, at the institution’s request, community development loans originated or purchased by a consortium in which the institution participates or by a third party in which the institution has invested?
Yes. However, a small institution that elects to
have examiners consider community development loans originated or purchased by a consortium or third party must maintain sufficient information on its share of the community
development loans so that the examiners may evaluate these loans under the small institution performance criteria.
Under the small institution lending test performance standards, will examiners consider both loan originations and purchases?
Yes, consistent with the other assessment methods in the regulation, examiners will consider both loans
originated and purchased by the institution. Likewise,
examiners may consider any other loan data the small
institution chooses to provide, including data on loans outstanding, commitments, and letters of credit.
Under the small institution lending test performance standards, how will qualified investments be considered for purposes of determining whether a small institution receives a satisfactory CRA rating?
The small institution lending test performance standards focus on lending and other lending-related activities.
Therefore, examiners will consider only lending-related qualified investments for the purpose of determining whether a
small institution that is not an intermediate small institution receives a satisfactory CRA rating.
How is the loan-to-deposit ratio calculated?
A small institution’s loan-to-deposit ratio is calculated in the same manner that the Uniform Bank Performance Report (UBPR) determines the ratio. It is calculated by dividing the institution’s net loans and leases by its total deposits. The ratio is found in the Liquidity and
Investment Portfolio section of the UBPR. Examiners will use this ratio to calculate an average since the last examination by adding the quarterly loan-to-deposit ratios and dividing the
total by the number of quarters.
How is the “reasonableness” of a loan-to-deposit ratio evaluated?
No specific ratio is reasonable in every circumstance, and each small institution’s ratio is evaluated in light of information from the performance context, including the institution’s capacity to lend, demographic and economic factors present in the assessment area(s), and the lending opportunities available in the assessment area(s). If a small institution’s loan-to-deposit ratio appears unreasonable after considering this information, lending performance may still be
satisfactory under this criterion taking into consideration the number and the dollar volume of loans sold to the secondary
market or the number and amount and innovativeness or complexity of community development loans and lending related qualified investments.
If an institution makes a large number of loans off-shore, will examiners segregate the domestic loan-to-deposit ratio from the foreign loan-to-deposit
ratio?
No. Examiners will look at the institution’s net loan-to-deposit ratio for the whole institution, without any adjustments.
Must a small institution have a majority of its lending in its assessment area(s) to receive a satisfactory performance rating?
No. The percentage of loans and, as appropriate, other lending-related activities located in the institution’s assessment area(s) is but one of the performance
criteria upon which small institutions are evaluated. If the percentage of loans and other lending-related activities in an institution’s assessment area(s) is less than a majority, then the
institution does not meet the standards for satisfactory
performance only under this criterion. The effect on the
overall performance rating of the institution, however, is
considered in light of the performance context, including information regarding economic conditions; loan demand; the institution’s size, financial condition, business strategies, and branching network; and other aspects of the institution’s lending record
Distribution of lending within assessment area(s) by borrower income and geographic location:
How will a small institution’s performance be assessed under these lending
distribution criteria?
Distribution of loans, like other small institution
performance criteria, is considered in light of the performance context. For example, a small institution is not required to lend evenly throughout its assessment area(s) or in any particular geography. However, in order to meet the standards
for satisfactory performance under this criterion, conspicuous gaps in a small institution’s loan distribution must be adequately explained by performance context factors such as
lending opportunities in the institution’s assessment area(s), the institution’s product offerings and business strategy, and
institutional capacity and constraints.
In addition, it may be
impracticable to review the geographic distribution of the lending of an institution with very few demographically distinct geographies within an assessment area. If sufficient
information on the income levels of individual borrowers or the revenues or sizes of business borrowers is not available, examiners may use loan size as a proxy for estimating borrower characteristics, where appropriate.
How will the community development test be applied flexibly for intermediate small institutions?
Generally, intermediate small institutions engage in a combination of community development loans, qualified investments, and community development services. An institution may not simply ignore one or more of these categories of community development, nor do the regulations
prescribe a required threshold for community development loans, qualified investments, and community development
services. Instead, based on the institution’s assessment of community development needs in its assessment area(s), it may engage in different categories of community development
activities that are responsive to those needs and consistent with the institution’s capacity.
An intermediate small institution has the flexibility to allocate its resources among community development loans, qualified investments, and community development services in amounts that it reasonably determines are most responsive to community development needs and opportunities. Appropriate levels of each of these activities would depend on the capacity
and business strategy of the institution, community needs, and number and types of opportunities for community development.
What will examiners consider when evaluating the provision of community development services by an intermediate small institution?
Examiners will consider retail banking services as community development services if they provide benefit to low- or moderate-income individuals.
Examples include:
• low-cost deposit accounts;
• electronic benefit transfer accounts and point of sale terminal systems;
• individual development accounts;
• free or low-cost government, payroll, or other check cashing services; and
• reasonably priced international remittance services.
In addition, providing services to low- and moderate income individuals through branches and other facilities located in low- and moderate-income, designated disaster, or distressed or underserved nonmetropolitan middle-income areas is considered. Generally, the presence of branches located in low- and moderate-income geographies will help to demonstrate the availability of banking services to low- and moderate- income individuals.
When evaluating an intermediate small institution’s community development record, what will examiners consider when reviewing the responsiveness of community development lending, qualified investments, and community development services to the community development
needs of the area?
When evaluating an intermediate small institution’s community development record, examiners will consider not only quantitative measures of performance, such as the number and amount of community development loans, qualified investments, and community development services,
but also qualitative aspects of performance. In particular,
examiners will evaluate the responsiveness of the institution’s community development activities in light of the institution’s
capacity, business strategy, the needs of the community, and the number and types of opportunities for each type of community development activity (its performance context).
Examiners also will consider the results of any assessment by the institution of community development needs, and how the institution’s activities respond to those needs. An evaluation of the degree of responsiveness considers the following factors:
-the volume, mix, and qualitative aspects of community development loans, qualified investments,
and community development services.
Consideration of the qualitative aspects of performance recognizes that
community development activities sometimes require special expertise or effort on the part of the institution or provide a benefit to the community that would not otherwise be made available. (However, “innovativeness” and “complexity” ‒ factors examiners consider when evaluating a large institution
under the lending, investment, and service tests ‒ are not criteria
in the intermediate small institutions’ community development test.)
In some cases, a smaller loan may have more qualitative benefit to a community than a larger loan. Activities are considered particularly responsive to community development needs if they benefit low- and moderate-income individuals in low- or moderate-income geographies, designated disaster areas, or distressed or underserved nonmetropolitan middle-
income geographies. Activities are also considered particularly
responsive to community development needs if they
benefit low- or moderate-income geographies.
How can a small institution that is not an intermediate small institution achieve an “outstanding” performance rating?
A small institution that is not an intermediate small institution that meets each of the standards in the lending test for a “satisfactory” rating and exceeds some or all of those
standards may warrant an “outstanding” performance rating.
In assessing performance at the “outstanding” level, the
Agencies consider the extent to which the institution exceeds each of the performance standards and, at the institution’s
option, its performance in making qualified investments and providing services that enhance credit availability in its assessment area(s).
In some cases, a small institution may qualify for an “outstanding” performance rating solely on the basis of its lending activities, but only if its performance materially exceeds the standards for a “satisfactory” rating, particularly with respect to the penetration of borrowers at all income levels and the dispersion of loans throughout the geographies in its assessment area(s) that display income variation.
An institution with a high loan-to-deposit ratio and a high percentage of loans in its assessment area(s), but with only a reasonable penetration of borrowers at all income levels or a reasonable dispersion of loans throughout geographies of differing income levels in its assessment area(s), generally will not be rated “outstanding” based only on its lending performance. However, the institution’s 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) may augment the institution’s satisfactory rating to the extent that it may be rated “outstanding.”
Will a small institution’s qualified investments, community development loans, and community
development services be considered if they do not directly benefit its assessment area(s)?
Yes. These activities are eligible for consideration if they benefit a broader statewide or regional
area that includes a small institution’s assessment area(s).
To what extent will the Agencies provide guidance to an institution during the development of its strategic plan?
An institution will have an opportunity to consult with and provide information to the Agencies on a proposed strategic plan. Through this process, an institution is
provided guidance on procedures and on the information necessary to ensure a complete submission.
For example, the
Agencies will provide guidance on whether the level of detail as set out in the proposed plan would be sufficient to permit Agency evaluation of the plan. However, the Agencies’
guidance during plan development and, particularly, prior to the public comment period, will not include commenting on the merits of a proposed strategic plan or on the adequacy of measurable goals.
How will a joint strategic plan be reviewed if the affiliates have different primary Federal supervisors?
The Agencies will coordinate review of and
action on the joint plan. Each Agency will evaluate the measurable goals for those affiliates for which it is the primary regulator.
How should annual measurable goals be specified in a strategic plan?
Annual measurable goals (e.g., number of loans, dollar amount, geographic location of activity, and benefit to
low- and moderate-income areas or individuals) must be stated with sufficient specificity to permit the public and the Agencies to quantify what performance will be expected. However, institutions are provided flexibility in specifying
goals.
For example, an institution may provide ranges of
lending amounts in different categories of loans. Measurable goals may also be linked to funding requirements of certain
public programs or indexed to other external factors as long as these mechanisms provide a quantifiable standard.
How will the public receive notice of a proposed strategic plan?
An institution submitting a strategic plan for approval by the Agencies is required to solicit public comment
on the plan for a period of 30 days after publishing notice of the plan at least once in a newspaper of general circulation. The notice should be sufficiently prominent to attract public
attention and should make clear that public comment is
desired. An institution may, in addition, provide notice to the public in any other manner it chooses.
Are innovative lending practices, innovative or complex qualified investments, and innovative
community development services required for a “satisfactory” or “outstanding” CRA rating?
No. The performance criterion of “innovativeness” applies only under the lending, investment, and service tests applicable to large institutions and the
community development test applicable to wholesale and
limited purpose institutions. Moreover, even under these tests, the lack of innovative lending practices, innovative or complex qualified investments, or innovative community development
services alone will not result in a “needs to improve” CRA rating. However, under these tests, the use of innovative
lending practices, innovative or complex qualified investments, and innovative community development services may augment the consideration given to an institution’s performance under the quantitative criteria of the regulations,
resulting in a higher performance rating.
How are institutions with domestic branches in more than one state assigned a rating?
The evaluation of an institution that maintains
domestic branches in more than one state (“multistate
institution”) will include a written evaluation and rating of its CRA record of performance as a whole and in each state in which it has a domestic branch.
The written evaluation will
contain a separate presentation on a multistate institution’s performance for each MSA and the nonmetropolitan area
within each state, if it maintains one or more domestic branch offices in these areas. This separate presentation will contain
conclusions, supported by facts and data, on performance under the performance tests and standards in the regulation.
The evaluation of a multistate institution that maintains a
domestic branch in two or more states in a multistate
metropolitan area will include a written evaluation (containing the same information described above) and rating of its CRA
record of performance in the multistate metropolitan area. In such cases, the statewide evaluation and rating will be adjusted to reflect performance in the portion of the state not within the
multistate MSA.
How are institutions that operate within only a single state assigned a rating?
An institution that operates within only a single state (“single-state institution”) will be assigned a rating of its
CRA record based on its performance within that state. In assigning this rating, the Agencies will separately present a single-state institution’s performance for each metropolitan area in which the institution maintains one or more domestic branch offices. This separate presentation will contain conclusions, supported by facts and data, on the single-state institution’s performance under the performance tests and standards in the regulation.
How do the Agencies weight performance under the lending, investment, and service tests for large retail institutions?
A rating of “outstanding,” “high satisfactory,” “low satisfactory,” “needs to improve,” or “substantial
noncompliance,” based on a judgment supported by facts and data, will be assigned under each performance test. Points will then be assigned to each rating as described in the first matrix
set forth below. A large retail institution’s overall rating under the lending, investment and service tests will then be calculated according to the composite rating point requirements matrix included in the manual.
There is one exception to the Composite Rating matrix.
An institution may not receive a rating of “satisfactory” unless
it receives at least “low satisfactory” on the lending test. Therefore, the total points are capped at three times the lending test score.
Lending investment and service test ratings:
How is performance under the quantitative and qualitative performance criteria weighed when examiners assign a CRA rating?
The lending, investment, and service tests each
contain a number of performance criteria designed to measure whether an institution is effectively helping to meet the credit needs of its entire community, including low- and moderate income neighborhoods, in a safe and sound manner. Some of these performance criteria are quantitative, such as number and amount, and others, such as the use of innovative or flexible lending practices, the innovativeness or complexity of qualified investments, and the innovativeness and responsiveness of community development services, are qualitative. The performance criteria that deal with these qualitative aspects of performance recognize that these loans, qualified investments, and community development services sometimes require special expertise and effort on the part of the institution and provide a benefit to the community that would not otherwise be possible. As such, the Agencies consider the qualitative aspects of an institution’s activities
when measuring the benefits received by a community. An institution’s performance under these qualitative criteria may augment the consideration given to an institution’s performance under the quantitative criteria of the regulations, resulting in a higher level of performance and rating.
What is meant by “discriminatory or other illegal credit practices”?
An institution engages in discriminatory credit practices if it discourages or discriminates against credit applicants or borrowers on a prohibited basis, in violation, for example, of the Fair Housing Act or the Equal Credit Opportunity Act (as implemented by Regulation B). Examples of other illegal credit practices inconsistent with helping to meet community credit needs include violations of
- the Truth in Lending Act regarding rescission of certain mortgage transactions and regarding disclosures and certain loan term restrictions in connection with credit transactions that are subject to the Home Ownership and Equity Protection Act;
- the Real Estate Settlement Procedures Act regarding the giving and accepting of referral fees, unearned fees, or kickbacks in connection with certain mortgage transactions; and
• the Federal Trade Commission Act regarding unfair or
deceptive acts or practices.
Examiners will determine the effect of evidence of illegal credit practices. Violations of other provisions of the consumer protection laws generally will not adversely affect an institution’s CRA rating, but may warrant the inclusion of comments in an institution’s performance evaluation. These comments may address the institution’s policies, procedures, training programs, and internal assessment efforts.
What weight is given to an
institution’s CRA performance examination in reviewing an application?
In reviewing applications in which CRA performance is a relevant factor, information from a CRA examination of the institution is a particularly important
consideration. The examination is a detailed evaluation of the institution’s CRA performance by its supervisory Agency. In
this light, an examination is an important, and often
controlling, factor in the consideration of an institution’s record. In some cases, however, the examination may not be
recent, or a specific issue raised in the application process, such as progress in addressing weaknesses noted by examiners, progress in implementing commitments previously made to the reviewing Agency, or a supported allegation from a commenter, is relevant to CRA performance under the
regulation and was not addressed in the examination. In these circumstances, the applicant should present sufficient
information to supplement its record of performance and to respond to the substantive issues raised in the application proceeding.
What consideration is given to an institution’s commitments for future action in reviewing an application by those Agencies that consider such
commitments?
Commitments for future action are not viewed as part of the CRA record of performance. In general,
institutions cannot use commitments made in the applications process to overcome a seriously deficient record of CRA
performance. However, commitments for improvements in an
institution’s performance may be appropriate to address specific weaknesses in an otherwise satisfactory record or to
address CRA performance when a financially troubled
institution is being acquired.
What consideration is given to comments from interested parties in reviewing an application?
Materials relating to CRA performance received
during the application process can provide valuable information. Written comments, which may express either support for or opposition to the application, are made a part of the record in accordance with the Agencies’ procedures, and are carefully considered in making the Agencies’ decisions. Comments should be supported by facts about the applicant’s
performance and should be as specific as possible in
explaining the basis for supporting or opposing the
application. These comments must be submitted within the
time limits provided under the Agencies’ procedures.
Is an institution required to enter into agreements with private parties?
No. Although communications between an
institution and members of its community may provide a
valuable method for the institution to assess how best to address the credit needs of the community, the CRA does not require an institution to enter into agreements with private
parties. The Agencies do not monitor compliance with nor
enforce these agreements.
How do the Agencies evaluate “assessment areas” under the CRA regulations?
The rule focuses on the distribution and level of
an institution’s lending, investments, and services rather than on how and why an institution delineated its assessment area(s) in a particular manner. Therefore, the Agencies will
not evaluate an institution’s delineation of its assessment area(s) as a separate performance criterion. Rather, the Agencies will only review whether the assessment area(s) delineated by the institution complies with the limitations set forth in the regulations at 12CFR__.41(e).
If an institution elects to have the Agencies consider affiliate lending, will this decision affect the institution’s assessment area(s)?
If an institution elects to have the lending activities of its affiliates considered in the evaluation of the institution’s lending, the geographies in which the affiliate lends do not affect the institution’s delineation of assessment area(s).
Can a financial institution identify a specific racial or ethnic group rather than a geographic area as its assessment area?
No, assessment areas must be based on geography. The only exception to the requirement to delineate
an assessment area based on geography is that an institution, the business of which 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.
Besides cities, towns, and counties, what other units of local government are political subdivisions
for CRA purposes?
Townships and Indian reservations are political
subdivisions for CRA purposes. Institutions should be aware that the boundaries of townships and Indian reservations may
not be consistent with the boundaries of the census tracts (i.e., geographies) in the area. In these cases, institutions must ensure that their assessment area(s) consists only of whole
geographies by adding any portions of the geographies that lie outside the political subdivision to the delineated assessment area(s).
Are wards, school districts, voting districts, and water districts political subdivisions for CRA
purposes?
No. However, an institution that determines that it predominantly serves an area that is smaller than a city, town, or other political subdivision may delineate as its assessment area the larger political subdivision and then, in accordance with 12 CFR __.41(d), adjust the boundaries of the assessment area to include only the portion of the political subdivision that it reasonably can be expected to serve. The smaller area that the institution delineates must consist of entire geographies, may not reflect illegal discrimination, and may not arbitrarily exclude low- or moderate-income
geographies.
When may an institution adjust the boundaries of an assessment area to include only a portion of a
political subdivision?
Institutions must include whole geographies (i.e., census tracts) in their assessment areas and generally should include entire political subdivisions. Because census tracts are the common geographic areas used consistently
nationwide for data collection, the Agencies require that assessment areas be made up of whole geographies. If including an entire political subdivision would create an area
that is larger than the area the institution can reasonably be expected to serve, an institution may, but is not required to, adjust the boundaries of its assessment area to include only portions of the political subdivision. For example, this adjustment is appropriate if the assessment area would
otherwise be extremely large, of unusual configuration, or divided by significant geographic barriers (such as a river,
mountain, or major highway system). When adjusting the
boundaries of their assessment areas, institutions must not arbitrarily exclude low- or moderate-income geographies or set boundaries that reflect illegal discrimination.
How will examiners determine whether an institution has arbitrarily excluded low- or moderate-income geographies? (6)
Examiners will make this determination on a
case-by-case basis after considering the facts relevant to the institution’s assessment area delineation. Information that
examiners will consider may include
- income levels in the institution’s assessment area(s) and surrounding geographies;
- locations of branches and deposit-taking ATMs;
- loan distribution in the institution’s assessment area(s) and surrounding geographies;
- the institution’s size;
- the institution’s financial condition; and
- the business strategy, corporate structure, and product offerings of the institution.
What are the maximum limits on the size of an assessment area?
An institution may not delineate an assessment
area extending substantially across the boundaries of an MSA unless the MSA is in a combined statistical area (CSA)). Although more than one MSA in a CSA may be delineated as a single assessment area, an institution’s CRA performance in individual MSAs in those assessment areas will be evaluated
using separate median family incomes and other relevant information at the MSA level rather than at the CSA level. An assessment area also may not extend substantially across state boundaries unless the assessment area is located in a multistate MSA. An institution may not delineate a whole state as its assessment area unless the entire state is contained
within an MSA. These limitations apply to wholesale and limited purpose institutions as well as other institutions.
An institution must delineate separate assessment
areas for the areas inside and outside an MSA if the area served by the institution’s branches outside the MSA extends
substantially beyond the MSA boundary. Similarly, the
institution must delineate separate assessment areas for the areas inside and outside of a state if the institution’s branches
extend substantially beyond the boundary of one state (unless the assessment area is located in a multistate MSA). In addition, the institution should also delineate separate
assessment areas if it has branches in areas within the same state that are widely separate and not at all contiguous.
For example, an institution that has its main office in New York City and a branch in Buffalo, New York, and each office serves only the immediate areas around it, should delineate two separate assessment areas.
May an institution delineate one assessment area that consists of an MSA and two large counties that abut the MSA but are not adjacent to each other?
As a general rule, an institution’s assessment
area should not extend substantially beyond the boundary of an MSA. Therefore, the MSA would be a separate assessment
area, and because the two abutting counties are not adjacent to each other and, in this example, extend substantially beyond
the boundary of the MSA, the institution would delineate each county as a separate assessment area, assuming branches or
deposit-taking ATMs are located in each county and the MSA. So, in this example, there would be three assessment areas.
However, if the MSA and the two counties were in the same CSA, then the institution could delineate only one assessment
area including them all. But, the institution’s CRA
performance in the MSAs and the non-MSA counties in that assessment area would be evaluated using separate median family incomes and other relevant information at the MSA and state, non-MSA level, rather than at the CSA level.
When must an institution collect and report data under the CRA regulations?
All institutions except small institutions are subject to data collection and reporting requirements. (“Small institution” is defined in the Agencies’ CRA regulations at 12 CFR __.12(u).) All institutions that are subject to the data collection and
reporting requirements must report the data for a calendar year (CY) by March 1 of the subsequent year. For example, data for CY 2015 would be reported by March 1, 2016.
Should an institution develop its own program for data collection, or will the regulators require a certain format?
An institution may use the free software that is provided by the FFIEC to reporting institutions for data collection and reporting or develop its own program. Those institutions that develop their own programs may create a data submission using the File Specifications and Edit Validation Rules that have been set forth to assist with electronic data submissions.
How should an institution
report data on lines of credit?
Institutions must collect and report data on lines of credit in the same way that they provide data on loan originations. Lines of credit are considered originated at the time the line is approved or increased; and an increase is considered a new origination. Generally, the full amount of the credit line is the amount that is considered originated. In
the case of an increase to an existing line, the amount of the increase is the amount that is considered originated and that amount should be reported. However, consistent with the Call
Report instructions, institutions would not report an increase to a small business or small farm line of credit if the increase would cause the total line of credit to exceed $1 million, in the
case of a small business line, or $500,000, in the case of a
small farm line. Of course, institutions may provide information about such line increases to examiners as “other loan data.”
Should renewals of lines of credit be collected and/or reported?
Renewals of lines of credit for small business, small farm, consumer, or community development purposes should be collected and reported, if applicable, in the same
manner as renewals of small business or small farm loans. Institutions that are HMDA reporters continue to collect and report home equity lines of credit at their option in accordance with the requirements of 12 CFR
part 1003.
When should merging institutions collect data? (3)
Scenarios:
- two banks exempt from CRA collection and reporting due to asset size merge
- Two banks merge, one is required to collect and report data, the other is an exempt bank.
- Two banks merge that are both required to collect and report data.
Three scenarios of data collection responsibilities for the calendar year of a merger and subsequent data reporting responsibilities are described below.
• Two institutions are exempt from CRA collection and
reporting requirements because of asset size. The institutions merge. No data collection is required for the year in which the merger takes place, regardless of the resulting asset size. Data
collection would begin after two consecutive years in which the combined institution had year-end assets at least equal to
the small institution asset-size threshold amount.
• Institution A, an institution required to collect and report
the data, and Institution B, an exempt institution, merge. Institution A is the surviving institution. For the year of the merger, data collection is required for Institution A’s transactions. Data collection is optional for the transactions of the previously
exempt institution. For the following year, all transactions of the surviving institution must be collected and reported.
• Two institutions that each are required to collect and report the data merge. Data collection is required for the entire year of the merger and for subsequent years so long as the surviving institution is not exempt. The surviving institution may file either a consolidated submission or separate submissions for the year of the merger but must file a consolidated report for subsequent years.
Can small institutions get a copy of the data collection software even though they are not required to
collect or report data?
Yes. Any institution that is interested in receiving a copy of the software may download it from the FFIEC Web site.
If a small institution is designated a wholesale or limited purpose institution, must it collect data that it would not otherwise be required to collect because it is a small institution?
No. However, small institutions that are designated as wholesale or limited purpose institutions must be prepared to identify those loans, investments, and services to be evaluated under the community development test.
Must institutions collect and report data on all commercial loans of $1 million or less at origination?
No. Institutions that are not exempt from data collection and reporting are required to collect and report only those commercial loans that they capture in Call Report Schedule RC-C, Part II. Small business loans are defined as those whose original amounts are $1 million or less and that were reported as either “Loans secured by nonfarm or nonresidential real estate” or “Commercial and industrial loans” in Call Report Schedule RC-C, Part I.
For loans defined as small business loans, what information should be collected and maintained? (4)
Institutions that are not exempt from data collection and reporting are required to collect and maintain, in a standardized, machine-readable format, information on each small business loan originated or purchased for each calendar year:
• A unique number or alpha-numeric symbol that can be
used to identify the relevant loan file.
- The loan amount at origination.
- The loan location.
• An indicator whether the loan was to a business with
gross annual revenues of $1 million or less.
The location of the loan must be maintained by census tract. In addition, supplemental information contained in the file specifications includes a date associated with the
origination or purchase and whether a loan was originated or purchased by an affiliate. The same requirements apply to
small farm loans.
Will farm loans need to be segregated from business loans?
Yes
Should institutions collect and report data on all agricultural loans of $500,000 or less at
origination?
Institutions are to report those farm loans that they capture in Call Report Schedule RC-C, Part II. Small
farm loans are defined as those whose original amounts are $500,000 or less and were reported as either “Loans to finance
agricultural production and other loans to farmers” or “Loans secured by farmland” in Call Report Schedule RC-C, Part I.
Should institutions collect and report data about small business and small farm loans that are refinanced or renewed?
An institution should collect information about small business and small farm loans that it refinances or
renews as loan originations. (A refinancing generally occurs when the existing loan obligation or note is satisfied and a new note is written, while a renewal refers to an extension of the
term of a loan. However, for purposes of small business and small farm CRA data collection and reporting, it is not necessary to distinguish between the two.) When reporting small business and small farm data, however, an institution may only report one origination (including a renewal or refinancing treated as an origination) per loan per year, unless an increase in the loan amount is granted. However, a demand loan that is merely reviewed annually is not reported as a renewal because the term of the loan has not been extended.
If an institution increases the amount of a small business or small farm loan when it extends the term of the loan, it should always report the amount of the increase as a small business or small farm loan origination. The institution should report only the amount of the increase if the original or remaining amount of the loan has already been reported one
time that year. For example, a financial institution makes a term loan for $25,000; principal payments have resulted in a present outstanding balance of $15,000. In the next year, the
customer requests an additional $5,000, which is approved, and a new note is written for $20,000. In this example, the institution should report both the $5,000 increase and the
renewal or refinancing of the $15,000 as originations for that year. These two originations may be reported together as a
single origination of $20,000.
Does a loan to the “fishing industry” come under the definition of a small farm loan?
Yes. Instructions for Call Report Schedule RCC,
Part I include loans “made for the purpose of financing
fisheries and forestries, including loans to commercial fishermen” as a component of the definition for “Loans to finance agricultural production and other loans to farmers.”
Call Report Schedule RC-C, Part II, which serves as the basis of the definition for small business and small farm loans in the regulation, captures both “Loans to finance agricultural production and other loans to farmers” and “Loans secured by farmland.”
How should an institution report a home equity line of credit, part of which is for home improvement purposes and part of which is for small business purposes?
When an institution originates a home equity
line of credit that is for both home improvement and small business purposes, the institution has the option of reporting the portion of the home equity line that is for home improvement purposes as a home improvement loan under
HMDA. Examiners would consider that portion of the line when they evaluate the institution’s home mortgage lending. When an institution refinances a home equity line of credit into another home equity line of credit, HMDA reporting continues to be optional. If the institution opts to report the
refinanced line, the entire amount of the line would be
reported as a refinancing and examiners will consider the entire refinanced line when they evaluate the institution’s home mortgage lending. If an institution that has originated a home equity line of credit for both home improvement and small business purposes (or if an institution that has refinanced such a line into another line) chooses not to report a home improvement
loan (or a refinancing) under HMDA, and if the line meets the regulatory definition of a “community development loan,” the institution should collect and report information on the entire
line as a community development loan. If the line does not qualify as a community development loan, the institution has
the option of collecting and maintaining (but not reporting) the entire line of credit as “Other Secured Lines/Loans for Purposes of Small Business.”
When collecting small business and small farm data for CRA purposes, may an institution collect and report information about loans to small businesses and small farms located outside the United States?
At an institution’s option, it may collect data about small business and small farm loans located outside the
United States; however, it cannot report this data because the CRA data collection software will not accept data concerning
loan locations outside the United States.
Is an institution that has no small farm or small business loans required to report under CRA?
Each institution subject to data reporting requirements must, at a minimum, submit a transmittal sheet, definition of its assessment area(s), and a record of its community development loans. If the institution does not have community development loans to report, the record should be sent with “0” in the community development loan composite data fields. An institution that has not purchased or
originated any small business or small farm loans during the reporting period would not submit the composite loan records
for small business or small farm loans.
How should an institution collect and report the location of a loan made to a small business or farm if the borrower provides an address that consists of a post office box number or a rural route and box number?
Prudent banking practices and Bank Secrecy
Act regulations dictate that institutions know the location of their customers and loan collateral. Further, Bank Secrecy Act regulations specifically state that a post office box is not an acceptable address. Therefore, institutions typically will know
the actual location of their borrowers or loan collateral beyond an address consisting only of a post office box.
Many borrowers have street addresses in addition to rural route and box numbers. Institutions should ask their borrowers to provide the street address of the main business facility or farm or the location where the loan proceeds otherwise will be applied. Moreover, in many cases in which the borrower’s address consists only of a rural route number,
the institution knows the location (i.e., the census tract) of the borrower or loan collateral. Once the institution has this
information available, it should assign the census tract to that location (geocode) and report that information as required
under the regulation.
However, if an institution cannot determine a rural
borrower’s street address, and does not know the census tract, the institution should report the borrower’s state, county, MSA or metropolitan division, if applicable, and “NA,” for “not
available,” in lieu of a census tract code.
When an institution purchases a small business or small farm loan, in whole or in part, which amount should the institution collect and report – the original
amount of the loan or the amount at purchase?
When collecting and reporting information on
purchased small business and small farm loans, including loan participations, an institution collects and reports the amount of the loan at origination, not at the time of purchase. This is consistent with the Call Report’s use of the “original amount of the loan” to determine whether a loan should be reported as a “loan to a small business” or a “loan to a small farm” and in which loan size category a loan should be reported. When assessing the volume of small business and small farm loan purchases for purposes of evaluating lending test performance under CRA, however, examiners will evaluate an institution’s
activity based on the amounts at purchase.
How should an institution collect data about multiple loan originations to the same business?
If an institution makes multiple originations to
the same business, the loans should be collected and reported as separate originations rather than combined and reported as they are on the Call Report, which reflects loans outstanding, rather than originations. However, if institutions make multiple originations to the same business solely to inflate artificially the number or volume of loans evaluated for CRA
lending performance, the Agencies may combine these loans for purposes of evaluation under the CRA.
How should an institution collect data pertaining to credit cards issued to small businesses?
If an institution agrees to issue credit cards to a
business’s employees, all of the credit card lines opened on a particular date for that single business should be reported as one small business loan origination rather than reporting each individual credit card line, assuming the criteria in the “small
business loan” definition in the regulation are met. The credit card program’s “amount at origination” is the sum of all of the employee/business credit cards’ credit limits opened on a particular date. If subsequently issued credit cards increase the small business credit line, the added amount is reported as a new origination.
Which location should an institution record if a small business loan’s proceeds are used in a variety of locations?
The institution should record the loan location
by either the location of the small business borrower’s
headquarters or the location where the greatest portion of the proceeds are applied, as indicated by the borrower.
When indicating whether a small business borrower had gross annual revenues of $1 million or less, upon what revenues should an institution rely?
Generally, an institution should rely on the
revenues that it considered in making its credit decision. For example, in the case of affiliated businesses, such as a parent corporation and its subsidiary, if the institution considered the
revenues of the entity’s parent or a subsidiary corporation of the parent as well, then the institution would aggregate the revenues of both corporations to determine whether the revenues are $1 million or less. Alternatively, if the institution considered the revenues of only the entity to which the loan is actually extended, the institution should rely solely upon whether gross annual revenues are above or below $1 million
for that entity. However, if the institution considered and relied on revenues or income of a cosigner or guarantor that is not an affiliate of the borrower, such as a sole proprietor, the institution should not adjust the borrower’s revenues for reporting purposes.
If an institution that is not exempt from data collection and reporting does not request or consider revenue information to make the credit decision regarding a
small business or small farm loan, must the institution collect revenue information in connection with that loan?
No. In those instances, the institution should enter the code indicating “revenues not known” on the
individual loan portion of the data collection software or on an internally developed system. Loans for which the institution did not collect revenue information may not be included in the loans to businesses and farms with gross annual revenues of $1 million or less when reporting this data.
What gross revenue should an institution use in determining the gross annual revenue of a start-up business?
The institution should use the actual gross
annual revenue to date (including $0 if the new business has had no revenue to date). Although a start-up business will provide the institution with pro forma projected revenue figures, these figures may not accurately reflect actual gross revenue and, therefore, should not be used.
When indicating the gross annual revenue of small business or small farm borrowers, do institutions rely on the gross annual revenue or the adjusted
gross annual revenue of their borrowers?
Institutions rely on the gross annual revenue, rather than the adjusted gross annual revenue, of their small
business or small farm borrowers when indicating the revenue of small business or small farm borrowers. The purpose of this data collection is to enable examiners and the public to judge whether the institution is lending to small businesses and small farms or whether it is only making small loans to larger businesses and farms.
The regulation does not require institutions to request
or consider revenue information when making a loan;
however, if institutions do gather this information from their borrowers, the Agencies expect them to collect and rely upon the borrowers’ gross annual revenue for purposes of CRA. The CRA regulations similarly do not require institutions to verify revenue amounts; thus, institutions may rely on the gross annual revenue amount provided by borrowers in the ordinary course of business. If an institution does not collect gross annual revenue information for its small business and
small farm borrowers, the institution should enter the code “revenues not known.”
For small business and small farm loan information that is collected and maintained, what data should be reported? (4)
Each institution that is not exempt from data collection and reporting is required to report in machine readable
form annually by March 1 the following information,
aggregated for each census tract in which the institution originated or purchased at least one small business or small farm loan during the prior year:
• The number and amount of loans originated or purchased with original amounts of $100,000 or less.
• The number and amount of loans originated or purchased with original amounts of more than $100,000 but less than or equal to $250,000.
• The number and amount of loans originated or purchased with original amounts of more than $250,000 but not more than $1 million, as to small business loans, or $500,000, as to small farm loans.
• To the extent that information is available, the number
and amount of loans to businesses and farms with gross annual revenues of $1 million or less (using the revenues the institution considered in making its credit decision).
What information about community development loans must institutions report?
Institutions subject to data reporting requirements must report the aggregate number and amount of community development loans originated and purchased during the prior calendar year
If a loan meets the definition of a home mortgage, small business, or small farm loan AND qualifies as a community development loan, where should it be reported?
Can Federal Housing Administration, Veterans Affairs, and Small Business Administration loans be reported as community development loans?
Except for multifamily affordable housing loans, which may be reported by retail institutions both under HMDA as home mortgage loans and as community
development loans, in order to avoid double counting, retail institutions must report loans that meet the definition of “home mortgage loan,” “small business loan,” or “small farm loan” only in those respective categories even if they also meet the definition of “community development loan.” As a practical matter, this is not a disadvantage for institutions evaluated under the lending, investment, and service tests because any affordable housing mortgage, small business, small farm, or consumer loan that would otherwise meet the definition of “community development loan” will be considered elsewhere in the lending test. Any of these types of loans that occur outside the institution’s assessment area(s) can receive
consideration under the borrower characteristic criteria of the lending test.
Limited purpose and wholesale institutions that meet
the size threshold for reporting purposes also must report loans that meet the definitions of home mortgage, small business, or small farm loans in those respective categories. However, these institutions must also report any loans from those categories that meet the regulatory definition of “community development loan” as community development loans. There is
no double counting because wholesale and limited purpose institutions are not subject to the lending test and, therefore, are not evaluated on their level and distribution of home mortgage, small business, small farm, and consumer loans.
When the primary purpose of a loan is to finance an affordable housing project for low- or moderate-income individuals, but, for example, only 40
percent of the units in question will actually be occupied by individuals or families with low or moderate incomes, should the entire loan amount be reported as a community development loan?
It depends. As long as the primary purpose of the loan is a community development purpose, the full amount of the institution’s loan should be included in its reporting of aggregate amounts of community development lending. Even though the entire amount of the loan is reported, examiners may make qualitative distinctions among community development loans on the basis of the extent to which the loan advances the community development purpose.
In addition, if an institution that reports CRA data elects to request consideration for loans that provide mixed income housing where only a portion of the loan has community development as its primary purpose, such as in connection with a development that has a mixed-income housing component or an affordable housing set-aside required by Federal, state, or local government, the institution must report only the pro rata dollar amount of the portion of the loan that provides affordable housing to low- or moderate income individuals. The pro rata dollar amount of the total activity will be based on the percentage of units that are affordable.
When an institution purchases a participation in a community development loan, which amount
should the institution report – the entire amount of the credit originated by the lead lender or the amount of the participation purchased?
The institution reports only the amount of the participation purchased as a community development loan. However, the institution uses the entire amount of the credit originated by the lead lender to determine whether the original credit meets the definition of a “loan to a small business,” “loan to a small farm,” or “community development loan.” For example, if an institution purchases a $400,000 participation in a business credit that has a community development purpose, and the entire amount of the credit originated by the lead lender is over $1 million, the institution would report $400,000 as a community development loan.
Should institutions collect and report data about community development loans that are refinanced or renewed?
Yes. Institutions should collect information about community development loans that they refinance or
renew as loan originations. Community development loan refinancings and renewals are subject to the reporting limitations that apply to refinancings and renewals of small business and small farm loans.
Must institutions that are not required to collect home mortgage loan data by the HMDA collect home mortgage loan data for purposes of the CRA?
No. If an institution is not required to collect home mortgage loan data by the HMDA, the institution need
not collect home mortgage loan data under the CRA.
Examiners will sample these loans to evaluate the institution’s home mortgage lending. If an institution wants to ensure that examiners consider all of its home mortgage loans, the institution may collect and maintain data on these loans.
What are the data requirements regarding consumer loans?
There are no data reporting requirements for consumer loans. Institutions may, however, opt to collect and maintain data on consumer loans. If an institution chooses to collect information on consumer loans, it may collect data for one or more of the following categories of consumer loans: motor vehicle, credit card, home equity, other secured, and other unsecured. If an institution collects data for loans in a
certain category, it must collect data for all loans originated or purchased within that category. The institution must maintain these data separately for each category for which it chooses to collect data. The data collected and maintained should include for each loan
- a unique number or alpha-numeric symbol that can be used to identify the relevant loan file;
- the loan amount at origination or purchase;
- the loan location; and
- the gross annual income of the borrower that the institution considered in making its credit decision.
Generally, guidance given with respect to data collection of small business and small farm loans, including, for example, guidance regarding collecting loan location data, and whether to collect data in connection with refinanced or renewed loans, will also apply to consumer loans.
If an institution does not consider income when making an underwriting decision in connection with a consumer loan, must it collect income information?
No. Further, if the institution routinely collects, but does not verify, a borrower’s income when making a credit decision, it need not verify the income for purposes of data maintenance.
May an institution list “0” in the income field on consumer loans made to employees when collecting data for CRA purposes as the institution would be
permitted to do under HMDA?
Yes
When collecting the gross annual income of consumer borrowers, do institutions collect the gross annual income or the adjusted gross annual income of the borrowers?
Institutions collect the gross annual income, rather than the adjusted gross annual income, of consumer borrowers. The purpose of income data collection in
connection with consumer loans is to enable examiners to determine the distribution, particularly in the institution’s assessment area(s), of the institution’s consumer loans, based on borrower characteristics, including the number and amount of consumer loans to low-, moderate-, middle-, and upper income borrowers, as determined on the basis of gross annual income.
The regulation does not require institutions to request
or consider income information when making a loan; however, if institutions do gather this information from their borrowers, the Agencies expect them to collect the borrowers’ gross annual income for purposes of CRA. The CRA regulations similarly do not require institutions to verify income amounts; thus, institutions may rely on the gross annual income amount provided by borrowers in the ordinary course of business.
Whose income does an institution collect when a consumer loan is made to more than one borrower?
An institution that chooses to collect and maintain
information on consumer loans collects the gross annual income of all primary obligors for consumer loans, to the extent that the institution considered the income of the obligors when making the decision to extend credit. Primary obligors include co-applicants and co-borrowers, including co-signers. An institution does not, however, collect the income of guarantors on consumer loans, because guarantors are only secondarily liable for the debt.
Call Report Schedule RC-C, Part II does not allow institutions to report loans for commercial and industrial purposes that are secured by residential real estate, unless the security interest in the nonfarm residential real estate is taken only as an abundance of caution. (See Q&A § __.12(v) – 3.) Loans extended to small businesses with gross annual revenues of $1 million or less may, however, be secured by residential real estate. May an institution collect this information to supplement its small business lending data at the time of examination?
Yes. If these loans promote community development, as defined in the regulation, the institution should collect and report information about the loans as
community development loans. Otherwise, at the institution’s option, it may collect and maintain data concerning loans, purchases, and lines of credit extended to small businesses and secured by nonfarm residential real estate for consideration in the CRA evaluation of its small business lending. An institution may collect this information as “Other Secured Lines/Loans for Purposes of Small Business” in the individual loan data. This information should be maintained at the institution but should not be submitted for central reporting purposes.
Must an institution collect data on loan commitments and letters of credit?
No. Institutions are not required to collect data on loan commitments and letters of credit. Institutions may, however, provide for examiner consideration information on letters of credit and commitments.
Are commercial and consumer leases considered loans for purposes of CRA data collection?
Commercial and consumer leases are not considered small business or small farm loans or consumer loans for purposes of the data collection requirements in 12
CFR __.42(a) & (c)(1). However, if an institution wishes to
collect and maintain data about leases, the institution may provide this data to examiners as “other loan data” under 12 CFR __.42(c)(2) for consideration under the lending test.
If an institution elects to have an affiliate’s home mortgage lending considered in its CRA evaluation, what data must the institution make available to examiners?
If the affiliate is a HMDA reporter, the institution must identify those loans reported by its affiliate under 12 CFR part 1003 (Regulation C, implementing HMDA). At its option, the institution may provide examiners with either the affiliate’s entire HMDA Disclosure Statement
or just those portions covering the loans in its assessment area(s) that it is electing to consider. If the affiliate is not required by HMDA to report home mortgage loans, the institution must provide sufficient data concerning the affiliate’s home mortgage loans for the examiners to apply the performance tests.
Public file comments:
What happens to comments received by the Agencies?
Comments received by an Agency will be on file at the Agency for use by examiners. Those comments are
also available to the public unless they are exempt from disclosure under the Freedom of Information Act.
Public file comments:
Is an institution required to respond to public comments?
No. All institutions should review comments and complaints carefully to determine whether any response or other action is warranted. A small institution subject to the small institution performance standards is specifically evaluated on its record of taking action, if warranted, in response to written complaints about its performance in helping to meet the credit needs in its assessment area(s). For all institutions, responding to comments may help to foster a dialogue with members of the community or to present relevant information to an institution’s supervisory Agency. If an institution responds in
writing to a letter in the public file, the response must also be placed in that file, unless the response reflects adversely on any person or placing it in the public file violates a law.
May an institution include a response to its CRA performance evaluation in its public file?
Yes. However, the format and content of the evaluation, as transmitted by the supervisory Agency, may not
be altered or abridged in any manner. In addition, an
institution that received a less than satisfactory rating during it most recent examination must 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 institution must update the description on a quarterly basis.
Must an institution that elects to have affiliate lending considered include data on this lending in its public file?
Yes. The lending data to be contained in an institution’s public file covers the lending of the institution’s affiliates, as well as of the institution itself, considered in the assessment of the institution’s CRA performance. An institution that has elected to have mortgage loans of an affiliate considered must include either the affiliate’s HMDA Disclosure Statements for the two prior years or the parts of the Disclosure Statements that relate to the institution’s assessment area(s), at the institution’s option.
May an institution retain its CRA disclosure statement in electronic format in its public file, rather than printing a hard copy of the CRA disclosure statement for retention in its public file?
Yes, if the institution can readily print out its CRA disclosure statement from an electronic medium (e.g.,
CD, DVD, or Internet Web site) when a consumer requests the public file. If the request is at a branch other than the main office or the one designated branch in each state that holds the complete public file, the institution should provide the CRA disclosure statement in a paper copy, or in another format
acceptable to the requestor, within five calendar days, as required by 12 CFR __.43(c)(2)(ii).
What is an institution’s “main office”?
An institution’s main office is the main, home, or principal office as designated in its charter.
May an institution maintain a copy of its public file on an intranet or the Internet?
Yes, an institution may keep all or part of its public file on an intranet or the Internet, provided that the institution maintains all of the information, either in paper or electronic form, that is required in 12 CFR __.43. An institution that opts to keep part or all of its public file on an intranet or the Internet must follow the rules in 12 CFR __.43(c)(1) and (2) as to what information is required to be kept at a main office and at a branch. The institution also must ensure that the information required to be maintained at a main office and branch, if kept electronically, can be readily downloaded and
printed for any member of the public who requests a hard copy of the information.
Are there any placement or size requirements for an institution’s public notice?
The notice must be placed in the institution’s public lobby, but the size and placement may vary. The notice should be placed in a location and be of a sufficient size that customers can easily see and read it.
Where will the Agencies publish the planned examination schedule for the upcoming calendar quarter?
The Agencies may use the Federal Register, a press release, the Internet, or other existing Agency publications for disseminating the list of the institutions
scheduled for CRA examinations during the upcoming
calendar quarter. Interested parties should contact the
appropriate Federal financial supervisory Agency for
information on how the Agency is publishing the planned examination schedule.
Is inclusion on the list of institutions that are scheduled to undergo CRA examinations in the next calendar quarter determinative of whether an institution will
be examined in that quarter?
No. The Agencies attempt to determine as
accurately as possible which institutions will be examined during the upcoming calendar quarter. However, whether an institution’s name appears on the published list does not conclusively determine whether the institution will be examined during that quarter. The Agencies may need to defer a planned examination or conduct an unforeseen examination because of scheduling difficulties or other circumstances.
Must an institution’s performance fit each aspect of a particular rating profile in order to receive that rating?
No. Exceptionally strong performance in some aspects of a particular rating profile may compensate for weak performance in others. For example, a retail institution other than an intermediate small institution that uses non-branch delivery systems to obtain deposits and to deliver loans may have almost all of its loans outside the institution’s assessment area(s). Assume that an examiner, after consideration of performance context and other applicable regulatory criteria, concludes that the institution has weak performance under the lending criteria applicable to lending activity, geographic distribution, and borrower characteristics within the assessment area(s). The institution may compensate for such weak performance by exceptionally strong performance in community development lending in its assessment area(s) or a broader statewide or regional area that includes its assessment area(s).
What agency information should be added to the CRA notice form?
For community banks, insert in the appropriate blank
the postal mailing address of the deputy comptroller of the district in which the institution is located. These addresses can be found at http://www.occ.gov. For banks supervised under the large bank program, insert in the appropriate blank the following postal mailing address: “Large Bank Supervision, 400 7th Street, SW., Washington, DC 20219-0001.” For banks supervised under the midsize/credit card bank program, insert in the appropriate blank the following postal mailing
address: “Midsize and Credit Card Bank Supervision, 400 7th Street, SW., Washington, DC 20219-0001.”
OCC-, FDIC-, and Board-supervised institutions:
“Officer in Charge of Supervision” is the title of the
responsible official at the appropriate Federal Reserve Bank.
