(a) Applicability date. This section applies only to covered agreements
entered into on or after May 12, 2000.
(b) Annual report required. Each NGEP and each
insured depository institution or affiliate that is a party to a covered
agreement must file an annual report with each relevant supervisory
agency concerning the disbursement, receipt, and uses of funds or
other resources under the covered agreement.
(c) Duration of reporting requirement.
(1) NGEPs. A NGEP must file an annual report for a covered agreement
for any fiscal year in which the NGEP receives or uses funds or other
resources under the agreement.
(2) Insured depository
institutions and affiliates. An insured depository institution
or affiliate must file an annual report for a covered agreement for
any fiscal year in which the institution or affiliate—
(i) provides
or receives any payments, fees, or loans under the covered agreement
that must be reported under paragraphs (e)(1)(iii) and (iv) of this
section; or
(ii)
has data to report on loans, investments, and services provided by
a party to the covered agreement under the covered agreement under
paragraph (e)(1)(vi) of this section.
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(d) Annual reports filed by NGEP.
(1) Contents
of report. The annual report filed by a NGEP under this section
must include the following:
(i) the name and mailing address of
the NGEP filing the report;
(ii) information sufficient to identify
the covered agreement for which the annual report is being filed,
such as by providing the names of the parties to the agreement and
the date the agreement was entered into or by providing a copy of the agreement;
(iii) the amount of
funds or resources received under the covered agreement during the
fiscal year; and
(iv) a detailed, itemized list of how any funds or resources received
by the NGEP under the covered agreement were used during the fiscal
year, including the total amount used for—
(A) compensation
of officers, directors, and employees;
(B) administrative expenses;
(C) travel expenses;
(D) entertainment expenses;
(E) payment of consulting and professional
fees; and
(F) other expenses
and uses (specify expense or use).
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(2) More detailed reporting of uses of funds or resources permitted.
(i) In general. If a NGEP allocated and used funds received under a covered agreement
for a specific purpose, the NGEP may fulfill the requirements of paragraph
(d)(1)(iv) of this section with respect to such funds by providing—
(A) a brief description of each specific purpose for which the funds
or other resources were used; and
(B) the amount of funds or resources used
during the fiscal year for each specific purpose.
(ii) Specific purpose defined. A NGEP allocates
and uses funds for a specific purpose if the NGEP receives and uses
the funds for a purpose that is more specific and limited than the
categories listed in paragraph (d)(1)(iv) of this section.
(3) Use of other reports. The annual report filed by a NGEP may
consist of or incorporate a report prepared for any other purpose,
such as the Internal Revenue Service Return of Organization Exempt
from Income Tax on Form 990, or any other Internal Revenue Service
form, state tax form, report to members or shareholders, audited or
unaudited financial statements, audit report, or other report, so
long as the annual report filed by the NGEP contains all of the information
required by this paragraph (d).
(4) Consolidated
reports permitted. A NGEP that is a party to two or more covered
agreements may file with each relevant supervisory agency a single
consolidated annual report covering all the covered agreements. Any
consolidated report must contain all the information required by this
paragraph (d). The information reported under paragraphs (d)(1)(iv)
and (d)(2) of this section may be reported on an aggregate basis for
all covered agreements.
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(5) Examples of annual report requirements for NGEPs.
(i) Example
1. A NGEP receives an unrestricted grant of $15,000 under a covered
agreement, includes the funds in its general operating budget and
uses the funds during its fiscal year. The NGEP’s annual report for
the fiscal year must provide the name and mailing address of the NGEP,
information sufficient to identify the covered agreement, and state
that the NGEP received $15,000 during the fiscal year. The report
must also indicate the total expenditures made by the NGEP during
the fiscal year for compensation, administrative expenses, travel
expenses, entertainment expenses, consulting and professional fees,
and other expenses and uses. The NGEP’s annual report may provide
this information by submitting an Internal Revenue Service Form 990
that includes the required information. If the Internal Revenue Service
Form does not include information for all of the required categories
listed in this part, the NGEP must report the total expenditures in
the remaining categories either by providing that information directly
or by providing another form or report that includes the required
information.
(ii) Example 2. An organization receives $15,000
from an insured depository institution under a covered agreement and
allocates and uses the $15,000 during the fiscal year to purchase computer
equipment to support its functions. The organization’s annual report
must include the name and address of the organization, information
sufficient to identify the agreement, and a statement that the organization
received $15,000 during the year. In addition, since the organization
allocated and used the funds for a specific purpose that is more narrow
and limited than the categories of expenses included in the detailed,
itemized list of expenses, the organization would have the option
of providing either the total amount it used during the year for each
category of expenses included in paragraph (d)(1)(iv) of this section,
or a statement that it used the $15,000 to purchase computer equipment
and a brief description of the equipment purchased.
(iii) Example
3. A community group receives $50,000 from an insured depository
institution under a covered agreement. During its fiscal year, the
community group specifically allocates and uses $5,000 of the funds
to pay for a particular business trip and uses the remaining $45,000
for general operating expenses. The group’s annual report for the
fiscal year must include the name and address of the group, information
sufficient to identify the agreement, and a statement that the group
received $50,000. Because the group did not allocate and use all of
the funds for a specific purpose, the group’s annual report must provide
the total amount of funds it used during the year for each category
of expenses included in paragraph (d)(1)(iv) of this section. The
group’s annual report also could state that it used $5,000 for a particular
business trip and include a brief description of the trip.
(iv) Example 4. A community development organization
is a party to two separate covered agreements with two unaffiliated
insured depository institutions. Under each agreement, the organization
receives $15,000 during its fiscal year and uses the funds to support
its activities during that year. If the organization elects to file
a consolidated annual report, the consolidated report must identify
the organization and the two covered agreements, state that the organization
received $15,000 during the fiscal year under each agreement, and
provide the total amount that the organization used during the year
for each category of expenses included in paragraph (d)(1)(iv) of
this section.
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(e) Annual report filed by insured depository institution
or affiliate.
(1) General. The annual report filed by an insured depository institution or
affiliate must include the following:
(i) the name and principal
place of business of the insured depository institution or affiliate
filing the report;
(ii) information sufficient to identify the covered agreement for
which the annual report is being filed, such as by providing the names
of the parties to the agreement and the date the agreement was entered
into or by providing a copy of the agreement;
(iii) the aggregate amount of payments,
aggregate amount of fees, and aggregate amount of loans provided by
the insured depository institution or affiliate under the covered
agreement to any other party to the agreement during the fiscal year;
(iv) the aggregate
amount of payments, aggregate amount of fees, and aggregate amount
of loans received by the insured depository institution or affiliate
under the covered agreement from any other party to the agreement
during the fiscal year;
(v) a general description of the terms
and conditions of any payments, fees, or loans reported under paragraphs
(e)(1)(iii) and (iv) of this section, or, in the event such terms
and conditions are set forth—
(A) in the covered agreement,
a statement identifying the covered agreement and the date the agreement
(or a list identifying the agreement) was filed with the relevant
supervisory agency; or
(B)
in a previous annual report filed by the insured depository institution
or affiliate, a statement identifying the date the report was filed
with the relevant supervisory agency; and
(vi) the aggregate amount
and number of loans, aggregate amount and number of investments, and
aggregate amount of services provided under the covered agreement
to any individual or entity not a party to the agreement—
(A) by the insured
depository institution or affiliate during its fiscal year; and
(B) by any other party to
the agreement, unless such information is not known to the insured
depository institution or affiliate filing the report or such information
is or will be contained in the annual report filed by another party
under this section.
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(2) Consolidated
reports permitted.
(i) Party
to multiple agreements. An insured depository institution or
affiliate that is a party to two or more covered agreements may file
a single consolidated annual report with each relevant supervisory
agency concerning all the covered agreements.
(ii) Affiliated
entities party to the same agreement. An insured depository institution
and its affiliates that are parties to the same covered agreement
may file a single consolidated annual report relating to the agreement
with each relevant supervisory agency for the covered agreement.
(iii) Content of report. Any consolidated annual
report must contain all the information required by this paragraph
(e). The amounts and data required to be reported under paragraphs
(e)(1)(iv) and (vi) of this section may be reported on an aggregate
basis for all covered agreements.
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(f) Time and place of filing.
(1) General. Each party must file its annual report with each relevant supervisory
agency for the covered agreement no later than six months following
the end of the fiscal year covered by the report.
(2) Alternative
method of fulfilling annual reporting requirement for a NGEP.
(i) A NGEP may fulfill the filing requirements
of this section by providing the following materials to an insured
depository institution or affiliate that is a party to the agreement
no later than six months following the end of the NGEP’s fiscal year:
(A) a copy of the NGEP’s annual report required under paragraph (d)
of this section for the fiscal year; and
(B) written instructions that the insured
depository institution or affiliate promptly forward the annual report
to the relevant supervisory agency or agencies on behalf of the NGEP.
(ii)
An insured depository institution or affiliate that receives an annual
report from a NGEP pursuant to paragraph (f)(2)(i) of this section
must file the report with the relevant supervisory agency or agencies
on behalf of the NGEP within 30 days.