(a) Affiliate. “Affiliate” means—
(1) any company that controls, is controlled
by, or is under common control with another company; and
(2) for the purpose of determining
whether an agreement is a covered agreement under section 207.2, an
“affiliate” includes any company that would be under common
control or merged with another company on consummation of any transaction
pending before a federal banking agency at the time—
(i) the
parties enter into the agreement; and
(ii) the NGEP that is a party to the
agreement makes a CRA communication, as described in section 207.3.
(b) Control. “Control” is defined in section 2(a) of
the Bank Holding Company Act (12 U.S.C. 1841(a)).
(c) CRA affiliate. A “CRA affiliate”
of an insured depository institution is any company that is an affiliate
of an insured depository institution to the extent, and only to the
extent, that the activities of the affiliate were considered by the
appropriate federal banking agency when evaluating the CRA performance
of the institution at its most recent CRA examination prior to the
agreement. An insured depository institution or affiliate also may
designate any company as a CRA affiliate at any time prior to the
time a covered agreement is entered into by informing the NGEP that
is a party to the agreement of such designation.
(d) CRA public file. “CRA public
file” means the public file maintained by an insured depository
institution and described in section 228.43 of appendix G to 12 CFR
part 228.
6-2634
(e) Executive officer. The term “executive officer” has the same meaning as
in section 215.2(e)(1) of the Board’s Regulation O (12 CFR 215.2(e)(1)).
(f) Federal banking agency;
appropriate federal banking agency. The terms “federal
banking agency” and “appropriate federal banking agency”
have the same meanings as in section 3 of the Federal Deposit Insurance
Act (12 U.S.C. 1813).
(g) Fiscal year.
(1) The fiscal year for a NGEP that does
not have a fiscal year shall be the calendar year.
(2) Any NGEP, insured depository institution,
or affiliate that has a fiscal year may elect to have the calendar
year be its fiscal year for purposes of this part.
(h) Insured depository institution. “Insured depository institution” has the same meaning
as in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).
(i) NGEP. “NGEP” means a nongovernmental entity or person.
6-2635
(j) Nongovernmental entity
or person.
(1) General. A “nongovernmental entity or person” is any partnership,
association, trust, joint venture, joint stock company, corporation,
limited liability corporation, company, firm, society, other organization,
or individual.
(2) Exclusions. A nongovernmental entity or
person does not include—
(i) the United States government,
a state government, a unit of local government (including a county,
city, town, township, parish, village, or other general-purpose subdivision
of a state) or an Indian tribe or tribal organization established
under federal, state or Indian tribal law (including the Department
of Hawaiian Home Lands), or a department, agency, or instrumentality
of any such entity;
(ii) a federally chartered public corporation that receives federal
funds appropriated specifically for that corporation;
(iii) an insured depository
institution or affiliate of an insured depository institution; or
(iv) an officer, director,
employee, or representative (acting in his or her capacity as an officer,
director, employee, or representative) of an entity listed in paragraphs
(i)(2)(i) through (iii) of this section.
6-2636
(k) Party. The term “party”
with respect to a covered agreement means each NGEP and each insured
depository institution or affiliate that entered into the agreement.
(l) Relevant supervisory
agency. The “relevant supervisory agency” for a covered
agreement means the appropriate federal banking agency for—
(1) each insured depository
institution (or subsidiary thereof) that is a party to the covered
agreement;
(2) each
insured depository institution (or subsidiary thereof) or CRA affiliate
that makes payments or loans or provides services that are subject
to the covered agreement; and
(3) any company (other than an insured
depository institution or subsidiary thereof) that is a party to the
covered agreement.
(m) Term of agreement. An agreement that does
not have a fixed termination date is considered to terminate on the
last date on which any party to the agreement makes any payment or
provides any loan or other resources under the agreement, unless the
relevant supervisory agency for the agreement otherwise notifies each
party in writing.
