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12 U.S.C. § 2906 — Written evaluations

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 2906 — Written evaluations

**(a) Required** (1) **In general** — Upon the conclusion of each examination of an insured depository institution under [section 2903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2903&num=0&edition=prelim), the appropriate Federal financial supervisory agency shall prepare a written evaluation of the institution’s record of meeting the credit needs of its entire community, including low- and moderate-income neighborhoods. (2) **Public and confidential sections** — Each written evaluation required under paragraph (1) shall have a public section and a confidential section. **(b) Public section of report** (1) **Findings and conclusions** (A) *Contents of written evaluation* — The public section of the written evaluation shall— (i) state the appropriate Federal financial supervisory agency’s conclusions for each assessment factor identified in the regulations prescribed by the Federal financial supervisory agencies to implement this chapter; (ii) discuss the facts and data supporting such conclusions; and (iii) contain the institution’s rating and a statement describing the basis for the rating. (B) *Metropolitan area distinctions* — The information required by clauses (i) and (ii) of subparagraph (A) shall be presented separately for each metropolitan area in which a regulated depository institution maintains one or more domestic branch offices. (2) **Assigned rating** — The institution’s rating referred to in paragraph (1)(C) 11 So in original. Probably should be paragraph “(1)(A)(iii)”. shall be 1 of the following: (A) “Outstanding record of meeting community credit needs”. (B) “Satisfactory record of meeting community credit needs”. (C) “Needs to improve record of meeting community credit

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Stable record: federal_law:legal_authorities:record_usc_c8ba641d27fffc549898664f
Source file: Laws/federal/codes/united-states-code/title-12/section-2906-written-evaluations--58d2a33c68.md
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Source location: Title 12, Chapter 30, § 2906; chapter-030-community-reinvestment.md

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**(a) Required** (1) **In general** — Upon the conclusion of each examination of an insured depository institution under [section 2903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2903&num=0&edition=prelim), the appropriate Federal financial supervisory agency shall prepare a written evaluation of the institution’s record of meeting the credit needs of its entire community, including low- and moderate-income neighborhoods. (2) **Public and confidential sections** — Each written evaluation required under paragraph (1) shall have a public section and a confidential section. **(b) Public section of report** (1) **Findings and conclusions** (A) *Contents of written evaluation* — The public section of the written evaluation shall— (i) state the appropriate Federal financial supervisory agency’s conclusions for each assessment factor identified in the regulations prescribed by the Federal financial supervisory agencies to implement this chapter; (ii) discuss the facts and data supporting such conclusions; and (iii) contain the institution’s rating and a statement describing the basis for the rating. (B) *Metropolitan area distinctions* — The information required by clauses (i) and (ii) of subparagraph (A) shall be presented separately for each metropolitan area in which a regulated depository institution maintains one or more domestic branch offices. (2) **Assigned rating** — The institution’s rating referred to in paragraph (1)(C) 11 So in original. Probably should be paragraph “(1)(A)(iii)”. shall be 1 of the following: (A) “Outstanding record of meeting community credit needs”. (B) “Satisfactory record of meeting community credit needs”. (C) “Needs to improve record of meeting community credit needs”. (D) “Substantial noncompliance in meeting community credit needs”. Such ratings shall be disclosed to the public on and after July 1, 1990. **(c) Confidential section of report** (1) **Privacy of named individuals** — The confidential section of the written evaluation shall contain all references that identify any customer of the institution, any employee or officer of the institution, or any person or organization that has provided information in confidence to a Federal or State financial supervisory agency. (2) **Topics not suitable for disclosure** — The confidential section shall also contain any statements obtained or made by the appropriate Federal financial supervisory agency in the course of an examination which, in the judgment of the agency, are too sensitive or speculative in nature to disclose to the institution or the public. (3) **Disclosure to depository institution** — The confidential section may be disclosed, in whole or part, to the institution, if the appropriate Federal financial supervisory agency determines that such disclosure will promote the objectives of this chapter. However, disclosure under this paragraph shall not identify a person or organization that has provided information in confidence to a Federal or State financial supervisory agency. **(d) Institutions with interstate branches** (1) **State-by-State evaluation** — In the case of a regulated financial institution that maintains domestic branches in 2 or more States, the appropriate Federal financial supervisory agency shall prepare— (A) a written evaluation of the entire institution’s record of performance under this chapter, as required by subsections (a), (b), and (c); and (B) for each State in which the institution maintains 1 or more domestic branches, a separate written evaluation of the institution’s record of performance within such State under this chapter, as required by subsections (a), (b), and (c). (2) **Multistate metropolitan areas** — In the case of a regulated financial institution that maintains domestic branches in 2 or more States within a multistate metropolitan area, the appropriate Federal financial supervisory agency shall prepare a separate written evaluation of the institution’s record of performance within such metropolitan area under this chapter, as required by subsections (a), (b), and (c). If the agency prepares a written evaluation pursuant to this paragraph, the scope of the written evaluation required under paragraph (1)(B) shall be adjusted accordingly. (3) **Content of State level evaluation** — A written evaluation prepared pursuant to paragraph (1)(B) shall— (A) present the information required by subparagraphs (A) and (B) of subsection (b)(1) separately for each metropolitan area in which the institution maintains 1 or more domestic branch offices and separately for the remainder of the nonmetropolitan area of the State if the institution maintains 1 or more domestic branch offices in such nonmetropolitan area; and (B) describe how the Federal financial supervisory agency has performed the examination of the institution, including a list of the individual branches examined. **(e) Definitions** For purposes of this section the following definitions shall apply: (1) **Domestic branch** — The term “domestic branch” means any branch office or other facility of a regulated financial institution that accepts deposits, located in any State. (2) **Metropolitan area** — The term “metropolitan area” means any primary metropolitan statistical area, metropolitan statistical area, or consolidated metropolitan statistical area, as defined by the Director of the Office of Management and Budget, with a population of 250,000 or more, and any other area designated as such by the appropriate Federal financial supervisory agency. (3) **State** — The term “State” has the same meaning as in [section 1813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 2903 — Financial institutions; evaluation

**(a) In general** In connection with its examination of a financial institution, the appropriate Federal financial supervisory agency shall— (1) assess the institution’s record of meeting the credit needs of its entire community, including low- and moderate-income neighborhoods, consistent with the safe and sound operation of such institution; and (2) take such record into account in its evaluation of an application for a deposit facility by such institution. **(b) Majority-owned institutions** In assessing and taking into account, under subsection (a), the record of a nonminority-owned and nonwomen-owned financial institution, the appropriate Federal financial supervisory agency may consider as a factor capital investment, loan participation, and other ventures undertaken by the institution in cooperation with minority- and women-owned financial institutions and low-income credit unions provided that these activities help meet the credit needs of local communities in which such institutions and credit unions are chartered. **(c) Financial holding company requirement** (1) **In general** — An election by a bank holding company to become a financial holding company under [section 1843 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1843&num=0&edition=prelim) shall not be effective if— (A) the Board finds that, as of the date the declaration of such election and the certification is filed by such holding company under section 1843(l)(1)(C) 11 See References in Text note below. of this title, not all of the subsidiary insured depository institutions of the bank holding company had achieved a rating of “satisfactory record of meeting community credit needs”, or better, at the most recent examination of each such institutio

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1813 — Definitions

As used in this chapter— **(a) Definitions of bank and related terms** (1) **Bank** — The term “bank”— (A) means any national bank and State bank, and any Federal branch and insured branch; (B) includes any former savings association. (2) **State bank** — The term “State bank” means any bank, banking association, trust company, savings bank, industrial bank (or similar depository institution which the Board of Directors finds to be operating substantially in the same manner as an industrial bank), or other banking institution which— (A) is engaged in the business of receiving deposits, other than trust funds (as defined in this section); and (B) is incorporated under the laws of any State or which is operating under the Code of Law for the District of Columbia, including any cooperative bank or other unincorporated bank the deposits of which were insured by the Corporation on the day before August 9, 1989. (3) **State** — The term “State” means any State of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands. **(b) Definition of savings associations and related terms** (1) **Savings association** — The term “savings association” means— (A) any Federal savings association; (B) any State savings association; and (C) any corporation (other than a bank) that the Board of Directors and the Comptroller of the Currency jointly determine to be operating in substantially the same manner as a savings association. (2) **Federal savings association** — The term “Federal savings association” means any Federal savings association or Federal savings bank which is chartered under [section 1464 of t

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1831y — CRA sunshine requirements

**(a) Public disclosure of agreements** Any agreement (as defined in subsection (e)) entered into after November 12, 1999, by an insured depository institution or affiliate with a nongovernmental entity or person made pursuant to or in connection with the Community Reinvestment Act of 1977 [[12 U.S.C. 2901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2901&num=0&edition=prelim) et seq.] involving funds or other resources of such insured depository institution or affiliate— (1) shall be in its entirety fully disclosed, and the full text thereof made available to the appropriate Federal banking agency with supervisory responsibility over the insured depository institution and to the public by each party to the agreement; and (2) shall obligate each party to comply with this section. **(b) Annual report of activity by insured depository institution** Each insured depository institution or affiliate that is a party to an agreement described in subsection (a) shall report to the appropriate Federal banking agency with supervisory responsibility over the insured depository institution, not less frequently than once each year, such information as the Federal banking agency may by rule require relating to the following actions taken by the party pursuant to the agreement during the preceding 12-month period: (1) Payments, fees, or loans made to any party to the agreement or received from any party to the agreement and the terms and conditions of the same. (2) Aggregate data on loans, investments, and services provided by each party in its community or communities pursuant to the agreement. (3) Such other pertinent matters as determined by regulation by the appropriate Federal banking agency with supervisory responsibility over the insured de

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1831y

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 2906 — Written evaluations

Page 1476 TITLE 12—BANKS AND BANKING § 2906 1 So in original. Probably should be paragraph ‘‘(1)(A)(iii)’’. applicable to savings associations and the Board of Governors shall prescribe regulations applicable to in- sured State member banks, bank holding companies and savings and loan holding companies,’’ after ‘‘super- visory agency’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the trans- fer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress. § 2906. Written evaluations (a) Required (1) In general Upon the conclusion of each examination of an insured depository institution under sec- tion 2903 of this title, the appropriate Federal financial supervisory agency shall prepare a written evaluation of the institution’s record of meeting the credit needs of its entire com- munity, including low- and moderate-income neighborhoods. (2) Public and confidential sections Each written evaluation required under paragraph (1) shall have a public section and a confidential section. (b) Public section of report (1) Findings and conclusions (A) Contents of written evaluation The public section of the written evalua- tion shall— (i) state the appropriate Federal finan- cial supervisory agency’s conclusions for each assessment factor identified in the regulations prescribed by the Federal fi- nancial supervisory agencies to implement this chapter; (ii) discuss the facts and data supporting such conclusions; and (iii) contain the institution’s rating and a statement describing the basis for the rating. (B) Metropolitan area distinctions The information required by clauses (i) and (ii) of subparagraph (A) shall be pre- sented separ

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