Federal Register - September 17, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules more but less than 80 percent, 80 or more but less than 90 percent, 90 or more but less than 100 percent, 100 or more but less than 110 percent, 110 or more but less than 120 percent, and 120
percent or more;
iii A list showing each geography in which the bank reported a small business or small farm loan; and iv The number and amount of small business and small farm loans to businesses and farms with gross annual revenues of $1 million or less;
3 The number and amount of small business and small farm loans located inside each assessment area reported by the bank and the number and amount of small business and small farm loans located outside the assessment areas reported by the bank; and 4 The number and amount of community development loans reported as originated or purchased.
i Aggregate disclosure statements.
The OCC, in conjunction with the Board of Governors of the Federal Reserve System and the Federal Deposit Insurance Corporation, prepares annually, for each MSA or metropolitan division including an MSA or metropolitan division that crosses a state boundary and the nonmetropolitan portion of each state, an aggregate disclosure statement of small business and small farm lending by all institutions subject to reporting under this part or parts 195, 228, or 345
of this title. These disclosure statements indicate, for each geography, the number and amount of all small business and small farm loans originated or purchased by reporting institutions, except that the OCC may adjust the form of the disclosure if necessary, because of special circumstances, to protect the privacy of a borrower or the competitive position of an institution.
j Central data depositories. The OCC
makes the aggregate disclosure statements, described in paragraph i of this section, and the individual bank CRA Disclosure Statements, described in paragraph h of this section, available to the public at central data depositories. The OCC publishes a list of the depositories at which the statements are available.
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file.
Content and availability of public
a Information available to the public. A bank shall maintain a public file that includes the following information:
1 All written comments received from the public for the current year and each of the prior two calendar years that specifically relate to the banks
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performance in helping to meet community credit needs, and any response to the comments by the bank, if neither the comments nor the responses contain statements that reflect adversely on the good name or reputation of any persons other than the bank or publication of which would violate specific provisions of law;
2 A copy of the public section of the banks most recent CRA Performance Evaluation prepared by the OCC. The bank shall place this copy in the public file within 30 business days after its receipt from the OCC;
3 A list of the banks branches, their street addresses, and geographies;
4 A list of branches opened or closed by the bank during the current year and each of the prior two calendar years, their street addresses, and geographies;
5 A list of services including hours of operation, available loan and deposit products, and transaction fees generally offered at the banks branches and descriptions of material differences in the availability or cost of services at particular branches, if any. At its option, a bank may include information regarding the availability of alternative systems for delivering retail banking services e.g., 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-by-mail programs;
6 A map of each assessment area showing the boundaries of the area and identifying the geographies contained within the area, either on the map or in a separate list; and 7 Any other information the bank chooses.
b Additional information available to the public1 Banks other than small banks. A bank, except a small bank or a bank that was a small bank during the prior calendar year, shall include in its public file the following information pertaining to the bank and its affiliates, if applicable, for each of the prior two calendar years:
i If the bank has elected to have one or more categories of its consumer loans considered under the lending test, for each of these categories, the number and amount of loans:
A To low-, moderate-, middle-, and upper-income individuals;
B Located in low-, moderate-, middle-, and upper-income census tracts; and C Located inside the banks assessment areas and outside the banks assessment areas; and ii The banks CRA Disclosure Statement. The bank shall place the statement in the public file within three
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business days of its receipt from the OCC.
2 Banks required to report Home Mortgage Disclosure Act HMDA data.
A bank required to report home mortgage loan data pursuant part 1003
of this title shall include in its public file a written notice that the institutions HMDA Disclosure Statement may be obtained on the Consumer Financial Protection Bureaus Bureaus website at www.consumerfinance.gov/hmda. In addition, a bank that elected to have the OCC consider the mortgage lending of an affiliate shall include in its public file the name of the affiliate and a written notice that the affiliates HMDA
Disclosure Statement may be obtained at the Bureaus website. The bank shall place the written notices in the public file within three business days after receiving notification from the Federal Financial Institutions Examination Council of the availability of the disclosure statements.
3 Small banks. A small bank or a bank that was a small bank during the prior calendar year shall include in its public file:
i The banks loan-to-deposit ratio for each quarter of the prior calendar year and, at its option, additional data on its loan-to-deposit ratio; and ii The information required for other banks by paragraph b1 of this section, if the bank has elected to be evaluated under the lending, investment, and service tests.
4 Banks with strategic plans. A bank that has been approved to be assessed under a strategic plan shall include in its public file a copy of that plan. A
bank need not include information submitted to the OCC on a confidential basis in conjunction with the plan.
5 Banks with less than satisfactory ratings. A bank that received a less than satisfactory rating during its most recent examination shall include in its public file a description of its current efforts to improve its performance in helping to meet the credit needs of its entire community. The bank shall update the description quarterly.
c Location of public information. A
bank shall make available to the public for inspection upon request and at no cost the information required in this section as follows:
1 At the main office and, if an interstate bank, at one branch office in each state, all information in the public file; and 2 At each branch:
i A copy of the public section of the banks most recent CRA Performance Evaluation and a list of services provided by the branch; and
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