CRA Hot Topics. Legal Disclaimer
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1 CRA Hot Topics September 22, 2016 Federal Reserve Bank of St. Louis Examiner: Dustin Sanders Legal Disclaimer The opinions expressed in this presentation are intended for informational purposes, and are not formal opinions of, nor binding on, the Board of Governors of the Federal Reserve System Restricted F.R. 1
2 Agenda Key Takeaways Assessment Area Delineation Loan to Deposit Ratios Community Development Activities/Documentation in Assessment Areas Expansion/Acquisitions/Branch Closures Emerging Issues at ISB and Large Banks Questions Key Takeaways Business decisions involving CRA should be documented and continually assessed CRA is subjective and ever-changing; therefore, a precedent may be established at any time Restricted F.R. 2
3 Assessment Area Delineation Applicable to banks of all sizes Assessment area must: Consist of an MSA, MD, county, city, town Include geographies with an office, deposit-taking ATM, and where a substantial portion of loans are originated/purchased Assessment Area Delineation (con t) (d) and (e) outline five criteria for adjustments: Reasonably be expected to serve (if otherwise extremely large or divided by significant geographic barriers) Whole geographies Not reflect illegal discrimination Not arbitrarily exclude LMI geographies Not extend substantially beyond MSA/state boundary Restricted F.R. 3
4 Assessment Area Delineation (con t) Must consider all criteria when not taking a full MSA, MD, or county A significant geographic barrier does not typically mean a county line or highway Assessment Area Delineation-Example Example: Four offices, all in Saline County and bordering Pulaski County Bank takes Saline County and everything south and west of the Arkansas River in Pulaski County (cited by the bank as a geographic barrier ) as its assessment area Is this assessment area delineation acceptable? Restricted F.R. 4
5 Assessment Area Delineation-Example Assessment Area Delineation-Example Consider location of all branches Consider the # of majority-minority census tracts (MMCTs) and LMI tracts included in the assessment area Compare above to the total of MMCTs/LMI found in the larger geographic area (MSA/MD/county) use mapping software or Gives % inclusion/exclusion and can be an indicator of willingness to lend to MMCTs and LMI tracts Restricted F.R. 5
6 Loan-to-Deposit (LTD) Ratios Applicable to Small Banks and ISBs Secondary market loans impact Acquisition/merger impact Loss of demand in rural communities Peer performance Bank responsibility Community Development Activities/Documentation Applicable to ISBs and Large Banks Proactive vs. reactive Training to applicable staff Five types of community development (CD) activities Justification should tell the story Documentation required & must support the written justification Q & A recently updated Restricted F.R. 6
7 in Assessment Areas Applicable to ISBs and Large Banks Overall performance in a state is satisfactory Numerous assessment areas have zero CD loans/investments Continued pattern from one exam to the next in Assessment Areas Common Question #1 The regulator has not noted concerns in the past, so is this new? Restricted F.R. 7
8 in Assessment Areas Common Question #2 Wouldn t this only be problematic for our primary assessment areas/states? in Assessment Areas Common Question #3 Should we (the bank) devote more resources to areas where we have very little market share? Restricted F.R. 8
9 in Assessment Areas Common Question #4 If overall performance is satisfactory, why should we (the bank) be concerned? in Assessment Areas Common Question #5 Can this warrant an overall Needs To Improve CRA rating? Restricted F.R. 9
10 Expansion/Acquisitions/Branch Closures Applicable to banks of all sizes If expanding, acquiring, shrinking, etc., Does it align with a strategic plan? Is there a policy, formal or otherwise? Does delineated assessment area meet all criteria? Does the area include LMI and/or MMCTs? Consider risks/implications for CRA and fair lending Does this improve or restrict accessibility of branches? Emerging Issues at ISB and Large Banks Applicable to ISBs and large banks Documentation for CD activities Monitoring performance/cd activities by assessment area Training for staff Restricted F.R. 10
11 Questions In person Phone/ Restricted F.R. 11
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