Federal Register - September 17, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules 2 The innovativeness or complexity of qualified investments;
3 The responsiveness of qualified investments to credit and community development needs; and 4 The degree to which the qualified investments are not routinely provided by private investors.
f Investment performance rating.
The OCC rates a banks investment performance as provided in appendix A
of this part.
evaluates community development services pursuant to the following criteria:
1 The extent to which the bank provides community development services; and 2 The innovativeness and responsiveness of community development services.
f Service performance rating. The OCC rates a banks service performance as provided in appendix A of this part.
25.24
25.25 Community development test for wholesale or limited purpose banks.
Service test.
a Scope of test. The service test evaluates a banks record of helping to meet the credit needs of its assessment areas by analyzing both the availability and effectiveness of a banks systems for delivering retail banking services and the extent and innovativeness of its community development services.
b Areas benefitted. Community development services must benefit a banks assessment areas or a broader statewide or regional area that includes the banks assessment areas.
c Affiliate service. At a banks option, the OCC will consider, in its assessment of a banks service performance, a community development service provided by an affiliate of the bank, if the community development service is not claimed by any other institution.
d Performance criteriaretail banking services. The OCC evaluates the availability and effectiveness of a banks systems for delivering retail banking services, pursuant to the following criteria:
1 The current distribution of the banks branches among low-, moderate, middle-, and upper-income geographies;
2 In the context of its current distribution of the banks branches, the banks record of opening and closing branches, particularly branches located in lowor moderate-income geographies or primarily serving lowor moderateincome individuals;
3 The availability and effectiveness of alternative systems for delivering retail banking services e.g., ATMs, ATMs not owned or operated by or exclusively for the bank, banking by telephone or computer, loan production offices, and bank-at-work or bank-bymail programs in lowand moderateincome geographies and to lowand moderate-income individuals; and 4 The range of services provided in low-, moderate-, middle-, and upperincome geographies and the degree to which the services are tailored to meet the needs of those geographies.
e Performance criteriacommunity development services. The OCC
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a Scope of test. The OCC assesses a wholesale or limited purpose banks record of helping to meet the credit needs of its assessment areas under the community development test through its community development lending, qualified investments, or community development services.
b Designation as a wholesale or limited purpose bank. In order to receive a designation as a wholesale or limited purpose bank, a bank shall file a request, in writing, with the OCC, at least three months prior to the proposed effective date of the designation. If the OCC approves the designation, it remains in effect until the bank requests revocation of the designation or until one year after the OCC notifies the bank that the OCC has revoked the designation on its own initiative.
c Performance criteria. The OCC
evaluates the community development performance of a wholesale or limited purpose bank pursuant to the following criteria:
1 The number and amount of community development loans including originations and purchases of loans and other community development loan data provided by the bank, such as data on loans outstanding, commitments, and letters of credit, qualified investments, or community development services;
2 The use of innovative or complex qualified investments, community development loans, or community development services and the extent to which the investments are not routinely provided by private investors; and 3 The banks responsiveness to credit and community development needs.
d Indirect activities. At a banks option, the OCC will consider in its community development performance assessment:
1 Qualified investments or community development services provided by an affiliate of the bank, if the investments or services are not claimed by any other institution; and 2 Community development lending by affiliates, consortia and third parties,
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subject to the requirements and limitations in 25.22c and d.
e Benefit to assessment areas1
Benefit inside assessment areas. The OCC considers all qualified investments, community development loans, and community development services that benefit areas within the banks assessment areas or a broader statewide or regional area that includes the banks assessment areas.
2 Benefit outside assessment areas.
The OCC considers the qualified investments, community development loans, and community development services that benefit areas outside the banks assessment areas, if the bank has adequately addressed the needs of its assessment areas.
f Community development performance rating. The OCC rates a banks community development performance as provided in appendix A
of this part.
25.26 Small bank performance standards.
a Performance criteria1 Small banks that are not intermediate small banks. The OCC evaluates the record of a small bank that is not, or that was not during the prior calendar year, an intermediate small bank, of helping to meet the credit needs of its assessment areas pursuant to the criteria set forth in paragraph b of this section.
2 Intermediate small banks. The OCC evaluates the record of a small bank that is, or that was during the prior calendar year, an intermediate small bank, of helping to meet the credit needs of its assessment areas pursuant to the criteria set forth in paragraphs b and c of this section.
b Lending test. A small banks lending performance is evaluated pursuant to the following criteria:
1 The banks loan-to-deposit ratio, adjusted for seasonal variation, and, as appropriate, other lending-related activities, such as loan originations for sale to the secondary markets, community development loans, or qualified investments;
2 The percentage of loans and, as appropriate, other lending-related activities located in the banks assessment areas;
3 The banks record of lending to and, as appropriate, engaging in other lending-related activities for borrowers of different income levels and businesses and farms of different sizes;
4 The geographic distribution of the banks loans; and 5 The banks record of taking action, if warranted, in response to written complaints about its performance in
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