New York Codes, Rules and Regulations
Title 3 - BANKING
Chapter I - GENERAL REGULATIONS OF THE SUPERINTENDENT
Part 76 - Compliance With Community Reinvestment Act Requirements
Section 76.12 - Small banking institution performance standards
Universal Citation: 3 NY Comp Codes Rules and Regs ยง 76.12
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Performance criteria.
(1) Small banking institutions with assets of
less than $250 million. The Banking Department evaluates the record of a small
banking institution 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 area(s) pursuant to the criteria set forth in subdivision (b) of
this section.
(2) Intermediate
small banking institutions. The Banking Department evaluates the record of a
small banking institution that is, or that was during the prior calendar year,
an intermediate small banking institution, of helping to meet the credit needs
of its assessment area(s) pursuant to the criteria set forth in subdivisions
(b) and (c) of this section.
(b) Lending test. A small banking institution's lending performance is evaluated pursuant to the following criteria:
(1) the banking institution's
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
banking institution's assessment area(s);
(3) the banking institution's record of
lending to and, as appropriate, engaging in other lending-related activities
for borrowers of different income levels, businesses and farms of different
sizes , and minority-and women-owned businesses;
(4) the geographic distribution of the
banking institution's loans; and
(5) the banking institution's record of
taking action, if warranted, in response to written complaints about its
performance in helping to meet credit needs in its assessment
area(s).
(c) Community development test. An intermediate small banking institution's community development performance also is evaluated pursuant to the following criteria:
(1) the number and amount of community
development loans;
(2) the number
and amount of qualified investments;
(3) the extent to which the banking
institution provides community development services; and
(4) the banking institution's responsiveness
through such activities to community development lending, investment and
service needs.
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