(a) CRA performance. Among other factors, the Board takes into account
the record of performance under the CRA of:
(1) Each applicant bank for the:
(i) Establishment
of a domestic branch by a state member bank; and
(ii) Merger, consolidation, acquisition
of assets, or assumption of liabilities requiring approval under the
Bank Merger Act (12 U.S.C. 1828(c)) if the acquiring, assuming, or
resulting bank is to be a state member bank; and
(2) Each insured depository
institution (as defined in 12 U.S.C. 1813) controlled by an applicant
and subsidiary bank or savings association proposed to be controlled
by an applicant:
(i) To become a bank holding company
in a transaction that requires approval under section 3 of the Bank
Holding Company Act (12 U.S.C. 1842);
(ii) To acquire ownership or control
of shares or all or substantially all of the assets of a bank, to
cause a bank to become a subsidiary of a bank holding company, or
to merge or consolidate a bank holding company with any other bank
holding company in a transaction that requires approval under section
3 of the Bank Holding Company Act (12 U.S.C. 1842);
(iii) To own, control, or operate a
savings association in a transaction that requires approval under
section 4 of the Bank Holding Company Act (12 U.S.C. 1843);
(iv) To become a savings
and loan holding company in a transaction that requires approval under
section 10 of the Home Owners’ Loan Act (12 U.S.C. 1467a); and
(v) To acquire ownership
or control of shares or all or substantially all of the assets of
a savings association, to cause a savings association to become a
subsidiary of a savings and loan holding company, or to merge or consolidate
a savings and loan holding company with any other savings and loan
holding company in a transaction that requires approval under section
10 of the Home Owners’ Loan Act (12 U.S.C. 1467a).
(b) Interested
parties. In considering CRA performance in an application described
in paragraph (a) of this section, the Board takes into account any
views expressed by interested parties that are submitted in accordance
with the Board’s Rules of Procedure set forth in 12 CFR part
262.
(c) Denial or conditional
approval of application. A bank or savings association’s
record of performance may be the basis for denying or conditioning
approval of an application listed in paragraph (a) of this section.
(d) Definitions. For
purposes of paragraphs (a)(2)(i) through (iii) of this section, “bank,”
“bank holding company,” “subsidiary,” and
“savings association” have the same meanings given to
those terms in section 2 of the Bank Holding Company Act (12 U.S.C.
1841). For purposes of paragraphs (a)(2)(iv) and (v) of this section,
“savings and loan holding company” and “subsidiary”
have the same meaning given to those terms in section 10 of the Home
Owners’ Loan Act (12 U.S.C. 1467a).
