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FDIC’s Implementation of the 2005 Amendments to the Community Reinvestment Act Regulations, March 2007 –
Footnotes



March 2007
Audit Report No. 07-008

Footnote 1:  Community development is defined in Part 345 of the FDIC Rules and Regulations as (1) affordable housing (including multifamily rental housing) for low- or moderate-income individuals; (2) community services targeted to low- or moderate-income individuals; (3) activities that promote economic development by financing small businesses or farms; or (4) activities that revitalize or stabilize low- or moderate-income geographies, designated disaster areas, or distressed or underserved nonmetropolitan middle-income geographies.

Footnote 2:  ISBs - banks with assets of at least $250 million as of December 31 for both of the prior 2 calendar years and less than $1 billion as of December 31 for either of the prior 2 calendar years.

Footnote 3:  PE reports have been made public since July 1, 1990.

Footnote 4:  The FDIC rates the financial institution’s overall CRA performance using a four-tiered rating system. The four ratings, Outstanding, Satisfactory, Needs to Improve, and Substantial Noncompliance, are defined in detail in Appendix II of this report.

Footnote 5:  Loans, investments, or services with a primary purpose of community development.

Footnote 6:  Part 345 defines a community development loan as a loan that has community development as its primary purpose and that has not been reported by the bank for consideration in the bank’s assessment (within the lending test) as a home mortgage, small business, small farm, or consumer loan, unless it is a multifamily dwelling loan; and that benefits the bank’s assessment area(s) or a broader area that includes the bank’s assessment area(s).

Footnote 7:  Part 345 defines a qualified investment as a lawful investment, deposit, membership share, or grant that has community development as its primary purpose.

Footnote 8:  Part 345 defines community development service as a service that has community development as its primary purpose, is related to the provision of financial services, and has not been considered in the evaluation of the bank’s retail banking services.

Footnote 9:   In relationship to banking, capacity is the financial, legal, and managerial ability to provide a certain type of product or service.

Footnote 10:   In relationship to banking and CRA, opportunity is the need for, or availability to participate in, a certain type of product or service that meets a specific lending or community development need within a bank's assessment area(s).

Footnote 11:   Entitled, Community Reinvestment Act Interagency Examination Procedures, April 10, 2006.

Footnote 12:   Entitled, Interagency CRA Examination Procedures for Intermediate Small Institutions, August 16, 2005.

Footnote 13:   Similarly-situated institutions are financial institutions that serve the same or similar assessment area(s) and that are similar to the bank being examined in terms of size, financial condition, product offerings, and business strategy. Customized peer group averages are the computed performance ratio averages of those similarly-situated institutions.

Footnote 14:   In accordance with the APA, federal regulatory agencies create the rules and regulations necessary to implement and enforce major legislative acts.

Footnote 15:   Generally, regulatory reviews to assess the need for regulatory amendments are made as a result of congressional requests, court proceedings, or as required by the Economic Growth and Regulatory Paperwork Reduction Act of 1996 (EGRPRA), which requires the federal banking agencies to identify outdated, unnecessary, or unduly burdensome statutory or regulatory requirements. Not less frequently than once every 10 years, as required by the EGRPRA, the Federal Financial Institutions Examination Council (the Council) and each federal financial regulatory agency represented on the Council conduct a review of all regulations prescribed by the Council or by any such federal financial regulatory agency, to identify outdated or otherwise unnecessary regulatory requirements imposed on insured depository institutions.

Footnote 16:   Internal control comprises the plans, methods, and procedures used by an organization to meet its missions, goals, and objectives, and in doing so, supports performance-based management.

Footnote 17:   The results of a non-statistical sample cannot be projected to the intended population by standard statistical methods.

Footnote 18:   The Division of Compliance and Consumer Affairs was subsequently merged into the division now referred to as DSC.

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Last updated 04/27/2007