(a) Information available to the public. A bank must maintain a
public file, in either paper or digital format, that includes the
following information:
(1) All written comments received from
the public for the current year (updated on a quarterly basis for
the prior quarter by March 31, June 30, September 30, and December
31) and each of the prior two calendar years that specifically relate
to the bank’s performance in helping to meet community credit
needs, and any response to the comments by the bank, if neither the
comments nor the responses contain statements that reflect adversely
on the good name or reputation of any persons other than the bank
or publication of which would violate specific provisions of law;
(2) A copy of the public
section of the bank’s most recent CRA performance evaluation
prepared by the Board. The bank must include this copy in the public
file within 30 business days after its receipt from the Board;
(3) A list of the bank’s
branches, their street addresses, and census tracts;
(4) A list of branches opened or closed
by the bank during the current year (updated on a quarterly basis
for the prior quarter by March 31, June 30, September 30, and December
31) and each of the prior two calendar years, their street addresses,
and census tracts;
(5) A list of retail banking services (including hours of operation,
available loan and deposit products, and transaction fees) generally
offered at the bank’s branches and descriptions of material
differences in the availability or cost of services at particular
branches, if any. A bank may elect to include information regarding
the availability of other systems for delivering retail banking services
(for example, mobile or online banking, loan production offices, and
bank-at-work or mobile branch programs);
(6) A map of each facility-based assessment
area and, as applicable, each retail lending assessment area showing
the boundaries of the area and identifying the census tracts contained
in the area, either on the map or in a separate list; and
(7) Any other information the
bank chooses.
(b) Additional information available to the public.
(1)
Banks subject to data reporting requirements pursuant to section
228.42. A bank subject to data reporting requirements pursuant
to section 228.42 must include in its public file a written notice
that the CRA Disclosure Statement pertaining to the bank, its operations
subsidiaries, and its other affiliates, if applicable, may be obtained
on the FFIEC’s website at:
https://www.ffiec.gov. The bank must include the written notice in the public file within
three business days after receiving notification from the FFIEC of
the availability of the disclosure statement.
(2) Banks required
to report HMDA data.
(i)
HMDA Disclosure Statement. A bank required to report home mortgage loan data pursuant to 12
CFR part 1003 must include in its public file a written notice that
the bank’s HMDA Disclosure Statement may be obtained on the
Consumer Financial Protection Bureau’s (CFPB’s) website
at:
https://www.consumerfinance.gov/hmda. In addition,
if the Board considered the home mortgage lending of a bank’s
operations subsidiaries or, at a bank’s election, the Board
considered the home mortgage lending of other bank affiliates, the
bank must include in its public file the names of the operations subsidiaries
and the names of the affiliates and a written notice that the operations
subsidiaries’ and other affiliates’ HMDA Disclosure Statements
may be obtained at the CFPB’s website. The bank must include
the written notices in the public file within three business days
after receiving notification from the FFIEC of the availability of
the disclosure statements.
(ii) Availability of bank HMDA data. A large bank required to report home mortgage loan data pursuant
to 12 CFR part 1003 must include in its public file a written notice
that the home mortgage loan data published by the Board under section
228.42(j) are available at the Board’s website.
(3) Small banks. A small bank, or a bank that was a small bank during
the prior calendar year, must include in its public file the bank’s
loan-to-deposit ratio for each quarter of the prior calendar year
and, at its option, additional data on its loan-to-deposit ratio.
(4) Banks with strategic plans. A bank that
has been approved to be evaluated under a strategic plan must include
in its public file a copy of that plan while it is in effect. A bank
need not include information submitted to the Board on a confidential
basis in conjunction with the plan.
(5) Banks with
less than “Satisfactory” ratings. A bank that received
a less than “Satisfactory” institution rating during its
most recent examination must include in its public file a description
of its current efforts to improve its performance in helping to meet
the credit needs of its entire community. The bank must update the
description quarterly by March 31, June 30, September 30, and December
31, respectively.
(c) Location of public information. A bank
must make available to the public for inspection, upon request and
at no cost, the information required in this section as follows:
(1) For banks that maintain a website,
all information required for the bank’s public file under this
section must be maintained on the bank’s website.
(2) For banks that do not maintain
a website:
(i) All the information required for
the bank’s public file must be maintained at the main office
and, if an interstate bank, at one branch office in each state; and
(ii) At each branch,
the following must be maintained:
(A) A copy of the public section
of the bank’s most recent CRA performance evaluation and a list
of services provided by the branch; and
(B) Within five calendar days of the request,
all the information that the bank is required to maintain under this
section in the public file relating to the facility-based assessment
area in which the branch is located.
(d) Copies. Upon request, a bank must provide copies, either on paper or in
digital form acceptable to the person making the request, of the information
in its public file. The bank may charge a reasonable fee not to exceed
the cost of copying and mailing (if not provided in digital form).
(e) Timing requirements. Except as otherwise provided in this section, a bank must ensure
that its public file contains the information required by this section
for each of the previous three calendar years, with the most recent
calendar year included in its file annually by April 1 of the current
calendar year.
