12 U.S. Code § 2903 - Financial institutions; evaluation
(a)
In general
In connection with its examination of a financial institution, the appropriate Federal financial supervisory agency shall—
(b)
Majority-owned institutions
In assessing and taking into account, under subsection (a) of this section, 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 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)
[1]
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 institution; and
(2)
Limited exclusions for newly acquired insured depository institutions
Any insured depository institution acquired by a bank holding company during the 12-month period preceding the date of the submission to the Board of the declaration and certification under section
1843
(l)(1)(C)
[1]
of this title may be excluded for purposes of paragraph (1) during the 12-month period beginning on the date of such acquisition if—
(A)
the bank holding company has submitted an affirmative plan to the appropriate Federal financial supervisory agency to take such action as may be necessary in order for such institution to achieve a rating of “satisfactory record of meeting community credit needs”, or better, at the next examination of the institution; and
(3)
Definitions
For purposes of this subsection, the following definitions shall apply:
(A)
Bank holding company; financial holding company
The terms “bank holding company” and “financial holding company” have the meanings given those terms in section
1841 of this title.
(d)
Low-cost education loans
In assessing and taking into account, under subsection (a), the record of a financial institution, the appropriate Federal financial supervisory agency shall consider, as a factor, low-cost education loans provided by the financial institution to low-income borrowers.
[1] See References in Text note below.
Source
(Pub. L. 95–128, title VIII, § 804,Oct. 12, 1977, 91 Stat. 1148; Pub. L. 102–550, title IX, § 909(1),Oct. 28, 1992, 106 Stat. 3874; Pub. L. 106–102, title I, § 103(b),Nov. 12, 1999, 113 Stat. 1350; Pub. L. 110–315, title X, § 1031(a),Aug. 14, 2008, 122 Stat. 3488.)
References in Text
Section
1843
(l)(1)(C) of this title, referred to in subsec. (c)(1)(A), (2), was redesignated section
1843
(l)(1)(D) of this title by Pub. L. 111–203, title VI, § 606(a)(2),July 21, 2010, 124 Stat. 1607.
Amendments
2008—Subsec. (d). Pub. L. 110–315added subsec. (d).
1999—Subsec. (c). Pub. L. 106–102added subsec. (c).
1992—Pub. L. 102–550designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Effective Date of 1999 Amendment
Amendment by Pub. L. 106–102effective 120 days after Nov. 12, 1999, see section 161 ofPub. L. 106–102, set out as a note under section
24 of this title.
Regulations
Pub. L. 110–315, title X, § 1031(b),Aug. 14, 2008, 122 Stat. 3488, provided that: “Not later than 1 year after the date of enactment of this Act [Aug. 14, 2008], each appropriate Federal financial supervisory agency shall issue rules in final form to implement section 804(d) of the Community Reinvestment Act of 1977 [12 U.S.C. 2903
(d)], as added by this section.”
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