{"identifier":"/us/usc/t12/s2903","title":12,"num":"\u00a7\u202f2903.","heading":"Financial institutions; evaluation","text":"\u00a7\u202f2903.\nFinancial institutions; evaluation\n(a)\nIn general\nIn connection with its examination of a financial institution, the appropriate Federal financial supervisory agency shall\u2014\n(1) assess the institution\u2019s record of meeting the credit needs of its entire community, including low- and moderate-income neighborhoods, consistent with the safe and sound operation of such institution; and\n(2) take such record into account in its evaluation of an application for a deposit facility by such institution.\n(b)\nMajority-owned institutions\nIn assessing and taking into account, under subsection (a), the record of a nonminority-owned and nonwomen-owned financial institution, the appropriate Federal financial supervisory agency may consider as a factor capital investment, loan participation, and other ventures undertaken by the institution in cooperation with minority- and women-owned financial institutions and low-income credit unions provided that these activities help meet the credit needs of local communities in which such institutions and credit unions are chartered.\n(c)\nFinancial holding company requirement\n(1)\nIn general\nAn election by a bank holding company to become a financial holding company under\n(A) the Board finds that, as of the date the declaration of such election and the certification is filed by such holding company under section 1843(\nl\n1\n1 See References in Text note below.\n(B) the Board notifies the company of such finding before the end of the 30-day period beginning on such date.\n(2)\nLimited exclusions for newly acquired insured depository institutions\nAny insured depository institution acquired by a bank holding company during the 12-month period preceding the date of the submission to the Board of the declaration and certification under section 1843(\n(A) the bank holding company has submitted an affirmative plan to the appropriate Federal financial supervisory agency to take such action as may be necessary in order for such institution to achieve a rating of \u201csatisfactory record of meeting community credit needs\u201d, or better, at the next examination of the institution; and\n(B) the plan has been accepted by such agency.\n(3)\nDefinitions\nFor purposes of this subsection, the following definitions shall apply:\n(A)\nBank holding company; financial holding company\nThe terms \u201cbank holding company\u201d and \u201cfinancial holding company\u201d have the meanings given those terms in\nsection 1841 of this title\n(B)\nBoard\nThe term \u201cBoard\u201d means the Board of Governors of the Federal Reserve System.\n(C)\nInsured depository institution\nThe term \u201cinsured depository institution\u201d has the meaning given the term in\nsection 1813(c) of this title\n(d)\nLow-cost education loans\nIn assessing and taking into account, under subsection (a), the record of a financial institution, the appropriate Federal financial supervisory agency shall consider, as a factor, low-cost education loans provided by the financial institution to low-income borrowers.","url":"https://projectusc.org/usc/t12/s2903.html","content":[{"t":"sec","id":"/us/usc/t12/s2903","children":[{"t":"num","text":"\u00a7\u202f2903."},{"t":"heading","text":"Financial institutions; evaluation"},{"t":"subsec","id":"/us/usc/t12/s2903/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"In connection with its examination of a financial institution, the appropriate Federal financial supervisory agency shall\u2014"},{"t":"para","id":"/us/usc/t12/s2903/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" assess the institution\u2019s record of meeting the credit needs of its entire community, including low- and moderate-income neighborhoods, consistent with the safe and sound operation of such institution; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s2903/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" take such record into account in its evaluation of an application for a deposit facility by such institution.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s2903/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Majority-owned institutions"},{"t":"content","children":[{"t":"p","text":"In assessing and taking into account, under subsection (a), the record of a nonminority-owned and nonwomen-owned financial institution, the appropriate Federal financial supervisory agency may consider as a factor capital investment, loan participation, and other ventures undertaken by the institution in cooperation with minority- and women-owned financial institutions and low-income credit unions provided that these activities help meet the credit needs of local communities in which such institutions and credit unions are chartered.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s2903/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Financial holding company requirement"},{"t":"para","id":"/us/usc/t12/s2903/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"An election by a bank holding company to become a financial holding company under ","children":[{"t":"ref","text":"section 1843 of this title","href":"/us/usc/t12/s1843","tail":" shall not be effective if\u2014"}]},{"t":"subpara","id":"/us/usc/t12/s2903/c/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the Board finds that, as of the date the declaration of such election and the certification is filed by such holding company under section 1843(","children":[{"t":"text","text":"l","tail":")(1)(C)\u202f"},{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" of this title, not all of the subsidiary insured depository institutions of the bank holding company had achieved a rating of \u201csatisfactory record of meeting community credit needs\u201d, or better, at the most recent examination of each such institution; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s2903/c/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the Board notifies the company of such finding before the end of the 30-day period beginning on such date.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s2903/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Limited exclusions for newly acquired insured depository institutions"},{"t":"chapeau","text":"Any insured depository institution acquired by a bank holding company during the 12-month period preceding the date of the submission to the Board of the declaration and certification under section 1843(","children":[{"t":"text","text":"l","tail":")(1)(C)\u202f"},{"t":"text","text":"1","tail":" of this title may be excluded for purposes of paragraph (1) during the 12-month period beginning on the date of such acquisition if\u2014"}]},{"t":"subpara","id":"/us/usc/t12/s2903/c/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the bank holding company has submitted an affirmative plan to the appropriate Federal financial supervisory agency to take such action as may be necessary in order for such institution to achieve a rating of \u201csatisfactory record of meeting community credit needs\u201d, or better, at the next examination of the institution; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s2903/c/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the plan has been accepted by such agency.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s2903/c/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"For purposes of this subsection, the following definitions shall apply:"},{"t":"subpara","id":"/us/usc/t12/s2903/c/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Bank holding company; financial holding company"},{"t":"content","children":[{"t":"p","text":"The terms \u201cbank holding company\u201d and \u201cfinancial holding company\u201d have the meanings given those terms in ","children":[{"t":"ref","text":"section 1841 of this title","href":"/us/usc/t12/s1841","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s2903/c/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Board"},{"t":"content","children":[{"t":"p","text":"The term \u201cBoard\u201d means the Board of Governors of the Federal Reserve System.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s2903/c/3/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Insured depository institution"},{"t":"content","children":[{"t":"p","text":"The term \u201cinsured depository institution\u201d has the meaning given the term in ","children":[{"t":"ref","text":"section 1813(c) of this title","href":"/us/usc/t12/s1813/c","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s2903/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Low-cost education loans"},{"t":"content","children":[{"t":"p","text":"In assessing and taking into account, under subsection (a), the record of a financial institution, the appropriate Federal financial supervisory agency shall consider, as a factor, low-cost education loans provided by the financial institution to low-income borrowers.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}